Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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# 12 U.S.C. § 1 - Office of the Comptroller of the Currency
## Text
(a) Office of the Comptroller of the Currency established There is established in the Department of the Treasury a bureau to be known as the “Office of the Comptroller of the Currency” which is charged with assuring the safety and soundness of, and compliance with laws and regulations, fair access to financial services, and fair treatment of customers by, the institutions and other persons subject to its jurisdiction.
(b) Comptroller of the Currency (1) In general The chief officer of the Office of the Comptroller of the Currency shall be known as the Comptroller of the Currency. The Comptroller of the Currency shall perform the duties of the Comptroller of the Currency under the general direction of the Secretary of the Treasury. The Secretary of the Treasury may not delay or prevent the issuance of any rule or the promulgation of any regulation by the Comptroller of the Currency, and may not intervene in any matter or proceeding before the Comptroller of the Currency (including agency enforcement actions), unless otherwise specifically provided by law.
(2) Additional authority The Comptroller of the Currency shall have the same authority with respect to functions transferred to the Comptroller of the Currency under the Enhancing Financial Institution Safety and Soundness Act of 2010 as was vested in the Director of the Office of Thrift Supervision on the transfer date, as defined in section 311 of that Act [12 U.S.C. 5411].
(R.S. § 324; Dec. 23, 1913, ch. 6, § 10 (par.), 38 Stat. 261; June 3, 1922, ch. 205, 42 Stat. 621; Aug. 23, 1935, ch. 614, title II, § 203(a), 49 Stat. 704; Pub. L. 89427, § 1, May 20, 1966, 80 Stat. 161; Pub. L. 103325, title III, § 331(b)(2), Sept. 23, 1994, 108 Stat. 2232; Pub. L. 111203, title III, § 314(a), July 21, 2010, 124 Stat. 1523; Pub. L. 11927, § 4(b)(2), July 18, 2025, 139 Stat. 434.)
## Notes
Amendment of Subsection (b)Pub. L. 11927, §§ 4(b)(2), 20, July 18, 2025, 139 Stat. 434, 466, provided that, effective on the earlier of the date that is 18 months after July 18, 2025, or the date that is 120 days after the date on which the primary Federal payment stablecoin regulators issue any final regulations implementing Pub. L. 11927, subsection (b) of this section is amended by adding at the end the following: (3) Regulation of Federal qualified payment stablecoin issuers The Comptroller of the Currency shall, in coordination with other relevant regulators and consistent with section 5913 of this title, issue such regulations and orders as necessary to ensure financial stability and implement section 5903(a) of this title. See 2025 Amendment note below.
Editorial Notes
References in TextThe Enhancing Financial Institution Safety and Soundness Act of 2010, referred to in subsec. (b)(2), is Pub. L. 111203, title III, July 21, 2010, 124 Stat. 1520. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables.
Codification R.S. § 324 derived from act June 3, 1864, ch. 106, § 1, 13 Stat. 99, which was the National Bank Act. See section 38 of this title. Section is comprised of R.S. § 324, as amended by the eighth paragraph of act Dec. 23, 1913, § 10.
Amendments2025—Subsec. (b)(3). Pub. L. 11927 added par. (3). 2010—Pub. L. 111203 amended section generally. Prior to amendment, section read as follows: “There shall be in the Department of the Treasury a bureau charged with the execution of all laws passed by Congress relating to the issue and regulation of national currency secured by United States bonds and, under the general supervision of the Board of Governors of the Federal Reserve System, of all Federal Reserve notes, except for the cancellation and destruction, and accounting with respect to such cancellation and destruction, of Federal Reserve notes unfit for circulation, the chief officer of which bureau shall be called the Comptroller of the Currency and shall perform his duties under the general directions of the Secretary of the Treasury. The Comptroller of the Currency shall have the same authority over matters within the jurisdiction of the Comptroller as the Director of the Office of Thrift Supervision has over matters within the Directors jurisdiction under section 1462a(b)(3) of this title. The Secretary of the Treasury may not delay or prevent the issuance of any rule or the promulgation of any regulation by the Comptroller of the Currency.” 1994—Pub. L. 103325 inserted at end “The Comptroller of the Currency shall have the same authority over matters within the jurisdiction of the Comptroller as the Director of the Office of Thrift Supervision has over matters within the Directors jurisdiction under section 1462a(b)(3) of this title. The Secretary of the Treasury may not delay or prevent the issuance of any rule or the promulgation of any regulation by the Comptroller of the Currency.” 1966—Pub. L. 89427 inserted exception relating to cancellation and destruction, and accounting with respect to the cancellation and destruction, of Federal Reserve notes unfit for circulation.
Statutory Notes and Related Subsidiaries
Effective Date of 2025 AmendmentAmendment by Pub. L. 11927 effective on the earlier of the date that is 18 months after July 18, 2025, or the date that is 120 days after the date on which the primary Federal payment stablecoin regulators issue any final regulations implementing Pub. L. 11927, see section 20 of Pub. L. 11927, set out as an Effective Date note under section 5901 of this title.
Effective Date of 2010 AmendmentPub. L. 111203, title III, § 314(d), July 21, 2010, 124 Stat. 1524, provided that: “This section [enacting section 4b of this title and amending this section and section 11 of this title], and the amendments made by this section, shall take effect on the transfer date.” [For definition of “transfer date” as used in section 314(d) of Pub. L. 111203, set out above, see section 5301 of this title.]
Executive Documents
Exception as to Transfer of Functions Functions vested by any provision of law in Comptroller of the Currency, referred to in this section, were not included in transfer of functions of officers, agencies, and employees of Department of the Treasury to Secretary of the Treasury, made by Reorg. Plan No. 26 of 1950, § 1, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280. See section 321(c)(2) of Title 31, Money and Finance.
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# 12 U.S.C. § 10 - Salaries of Deputy Comptrollers, examiners, and other employees as part of bank examination expenses
## Text
The salaries of the Deputy Comptrollers and of all national bank examiners and assistant examiners assigned to duty in the office of the bureau in Washington in connection with the supervision of national banks shall be considered part of the expenses of the examinations provided for by subchapter XV of chapter 3 of this title.
(Mar. 4, 1923, ch. 252, title II, § 209(b), 42 Stat. 1467; Pub. L. 86251, § 1(c)(2), Sept. 9, 1959, 73 Stat. 488.)
## Notes
Editorial Notes
References in TextSubchapter XV [§ 481 et seq.] of chapter 3 of this title, referred to in text, was in the original a reference to section 5240 of the Revised Statutes.
Codification Section is comprised of subsec. (b), fifth sentence, of section 209 of act Mar. 4, 1923. For classification to this title of other provisions of section 209, see Tables.
Amendments1959—Pub. L. 86251 included all Deputy Comptrollers instead of only two deputy comptrollers and struck out provisions deeming the salaries of deputy comptroller, examiners, assistant examiners, clerks and other employees as expenses of administration of national agricultural credit corporation provisions and considering the salary of the additional deputy comptroller as partly an expense of administration in proportion to time spent in such administration.
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# 12 U.S.C. § 11 - Interest in national banks
## Text
It shall not be lawful for the Comptroller or the Deputy Comptroller of the Currency, either directly or indirectly, to hold an interest in any national bank or any Federal savings association.
(R.S. § 329; Pub. L. 106569, title XII, § 1233(b), Dec. 27, 2000, 114 Stat. 3037; Pub. L. 111203, title III, § 314(c), July 21, 2010, 124 Stat. 1524.)
## Notes
Editorial Notes
Codification R.S. § 329 derived from act June 3, 1864, ch. 106, § 1, 13 Stat. 99, which was the National Bank Act. See section 38 of this title.
Amendments2010—Pub. L. 111203 inserted “or any Federal savings association” before the period. 2000—Pub. L. 106569 substituted “to hold an interest in any national bank” for “to be interested in any association issuing national currency under the laws of the United States”.
Statutory Notes and Related Subsidiaries
Effective Date of 2010 AmendmentAmendment by Pub. L. 111203 effective on the transfer date, see section 314(d) of Pub. L. 111203, set out as a note under section 1 of this title.
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# 12 U.S.C. § 12 - Seal of Comptroller
## Text
The seal devised by the Comptroller of the Currency for his office, and approved by the Secretary of the Treasury, shall continue to be the seal of office of the comptroller, and may be renewed when necessary. A description of the seal, with an impression thereof, and a certificate of approval by the Secretary of the Treasury, shall be filed in the office of the Secretary of State.
(R.S. § 330; Feb. 18, 1875, ch. 80, § 1, 18 Stat. 317.)
## Notes
Editorial Notes
Codification R.S. § 330 derived from act June 3, 1864, ch. 106, § 2, 13 Stat. 100, which was the National Bank Act. See section 38 of this title.
Executive Documents
Exception as to Transfer of Functions Functions vested by any provision of law in Comptroller of the Currency, referred to in this section, not included in transfer of functions to Secretary of the Treasury, see note set out under section 1 of this title.
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# 12 U.S.C. § 13 - Rooms for Currency Bureau
## Text
There shall be assigned, from time to time, to the Comptroller of the Currency, by the Secretary of the Treasury, suitable rooms in the Treasury Building for conducting the business of the Currency Bureau, containing safe and secure fireproof vaults, in which the Comptroller shall deposit and safely keep all the plates not necessarily in the possession of engravers or printers, and other valuable things belonging to his department; and the Comptroller shall from time to time furnish the necessary furniture, stationery, fuel, lights, and other proper conveniences for the transaction of the business of his office.
(R.S. § 331.)
## Notes
Editorial Notes
References in TextThe bureau referred to in text is known as the Office of the Comptroller of the Currency.
Codification R.S. § 331 derived from act June 3, 1864, ch. 106, § 3, 13 Stat. 100, which was the National Bank Act. See section 38 of this title.
Executive Documents
Exception as to Transfer of Functions Functions vested by any provision of law in Comptroller of the Currency, referred to in this section, not included in transfer of functions to Secretary of the Treasury, see note set out under section 1 of this title.
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# 12 U.S.C. § 14 - Report of Comptroller
## Text
The Comptroller of the Currency shall make an annual report to Congress. The report required under this section shall include the report required under section 57a(f)(7) 11 See References in Text note below. of title 15.
(R.S. § 333; Feb. 18, 1875, ch. 80, § 1, 18 Stat. 317; Aug. 7, 1946, ch. 770, § 1(39), 60 Stat. 869; Pub. L. 106569, title XI, § 1103(c), Dec. 27, 2000, 114 Stat. 3031.)
## Notes
Editorial Notes
References in TextSection 57a(f)(7) of title 15, referred to in text, was repealed by Pub. L. 111203, title X, § 1092(3), July 21, 2010, 124 Stat. 2095.
Codification R.S. § 333 derived from acts June 3, 1864, ch. 106, § 61, 13 Stat. 117, and Feb. 19, 1873, ch. 166, 17 Stat. 466. Act June 3, 1864, was the National Bank Act. See section 38 of this title.
Amendments2000—Pub. L. 106569 inserted at end “The report required under this section shall include the report required under section 57a(f)(7) of title 15.” 1946—Act Aug. 7, 1946, repealed in the opening clause, the requirement that the report to Congress shall be submitted at the commencement of its session, and repealed all provisions prescribing contents of the exhibits in the report.
Executive Documents
Exception as to Transfer of Functions Functions vested by any provision of law in Comptroller of the Currency, referred to in this section, not included in transfer of functions to Secretary of the Treasury, see note set out under section 1 of this title.
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# 12 U.S.C. § 14a - Data standards; open data publication
## Text
(a) Data standards (1) Requirement The Comptroller of the Currency shall, by rule, adopt data standards for all collections of information that are regularly filed with or submitted to the Comptroller of the Currency by any entity with respect to which the Office of the Comptroller of the Currency is the appropriate Federal banking agency (as defined in section 1813 of this title).
(2) Consistency The data standards required under paragraph (1) shall incorporate, and ensure compatibility with (to the extent feasible), all applicable data standards established in the rules promulgated under section 5334 of this title, including, to the extent practicable, by having the characteristics described in clauses (i) through (vi) of subsection (c)(1)(B) of such section 5334.
(b) Open data publication All public data assets published by the Comptroller of the Currency under title LXII or the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111203; 124 Stat. 1376) shall be—
(1) made available as an open Government data asset (as defined in section 3502 of title 44);
(2) freely available for download;
(3) rendered in a human-readable format; and
(4) accessible via application programming interface where appropriate.
(R.S. § 333, as added Pub. L. 117263, div. E, title LVIII, § 5841, Dec. 23, 2022, 136 Stat. 3431.)
## Notes
Editorial Notes
References in TextTitle LXII, referred to in subsec. (b), probably means title LXII of the Revised Statutes, consisting of R.S. §§ 5133 to 5244, which are classified to sections 16, 21, 22 to 24a, 25a, 25b, 26, 27, 29, 35 to 37, 39, 43, 52, 53, 55 to 57, 59 to 62, 66, 71, 72 to 76, 81, 83 to 86, 90, 91, 93, 93a, 94, 141 to 144, 161, 164, 181, 182, 192 to 194, 196, 215c, 481 to 485, 501, 541, 548, and 582 of this title. See, also, sections 8, 333, 334, 475, 656, 709, 1004, and 1005 of Title 18, Crimes and Criminal Procedure. For complete classification of R.S. §§ 5133 to 5244 to the Code, see Tables. The Dodd-Frank Wall Street Reform and Consumer Protection Act, referred to in subsec. (b), is Pub. L. 111203, July 21, 2010, 124 Stat. 1376, which enacted chapter 53 (§ 5301 et seq.) of this title and chapters 108 (§ 8201 et seq.) and 109 (§ 8301 et seq.) of Title 15, Commerce and Trade, and enacted, amended, and repealed numerous other sections and notes in the Code. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables.
Codification Another R.S. § 333 is classified to section 14 of this title.
Statutory Notes and Related Subsidiaries
RulemakingPub. L. 117263, div. E, title LVIII, § 5842, Dec. 23, 2022, 136 Stat. 3432, provided that: “(a) In General.—The Comptroller of the Currency shall issue rules to carry out the amendments made by section 5841 [enacting this section], which shall take effect not later than 2 years after the date on which final rules are promulgated under section 124(b)(2) of the Financial Stability Act of 2010 [12 U.S.C. 5334(b)(2)], as added by section 5811(a) of this title. “(b) Scaling of Regulatory Requirements; Minimizing Disruption.—In issuing the rules required under subsection (a), the Comptroller of the Currency—“(1) may scale data reporting requirements in order to reduce any unjustified burden on smaller regulated entities; and “(2) shall seek to minimize disruptive changes to the persons affected by those regulations.”
Rule of Construction Regarding No New Disclosure RequirementsPub. L. 117263, div. E, title LVIII, § 5843, Dec. 23, 2022, 136 Stat. 3432, provided that: “Nothing in this subtitle [subtitle D (§§ 58415843) of title LVIII of div. E of Pub. L. 117263, enacting this section and provisions set out as a note under this section], or the amendments made by this subtitle, shall be construed to require the Comptroller of the Currency to collect or make publicly available additional information under the Revised Statutes of the United States (or under any other provision of law referenced in an amendment made by this subtitle), beyond information that was collected or made publicly available under any such provision of law, as of the day before the date of enactment of this Act [Dec. 23, 2022].”
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# 12 U.S.C. § 15 - Repealed. Aug. 7, 1946, ch. 770, § 1(40, 50), 60 Stat. 869, 870
## Notes
Section, act Apr. 28, 1902, ch. 594, § 1, 32 Stat. 138, required inclusion of expenses of liquidation of national banks in annual report of Comptroller of the Currency.
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# 12 U.S.C. § 16 - Funding of Office
## Text
The Comptroller of the Currency may collect an assessment, fee, or other charge from any entity described in section 1813(q)(1) of this title, as the Comptroller determines is necessary or appropriate to carry out the responsibilities of the Office of the Comptroller of the Currency. In establishing the amount of an assessment, fee, or charge collected from an entity under this section, the Comptroller of the Currency may take into account the nature and scope of the activities of the entity, the amount and type of assets that the entity holds, the financial and managerial condition of the entity, and any other factor, as the Comptroller of the Currency determines is appropriate. Funds derived from any assessment, fee, or charge collected or payment made pursuant to this section may be deposited by the Comptroller of the Currency in accordance with the provisions of section 192 of this title. Such funds shall not be construed to be Government funds or appropriated monies, and shall not be subject to apportionment for purposes of chapter 15 of title 31 or any other provision of law. The authority of the Comptroller of the Currency under this section shall be in addition to the authority under subchapter XV of chapter 3. The Comptroller of the Currency shall have sole authority to determine the manner in which the obligations of the Office of the Comptroller of the Currency shall be incurred and its disbursements and expenses allowed and paid, in accordance with this section, except as provided in chapter 71 of title 5 (with respect to compensation).
(R.S. § 5240A, as added Pub. L. 111203, title III, § 318(b), July 21, 2010, 124 Stat. 1526.)
## Notes
Editorial Notes
References in TextSubchapter XV of chapter 3, referred to in first par., was in the original a reference to section 5240 of the Revised Statutes.
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 111203, title III, § 318(e), July 21, 2010, 124 Stat. 1527, provided that: “This section [enacting this section and amending sections 248, 481, 482, and 1820 of this title], and the amendments made by this section, shall take effect on the transfer date.” [For definition of “transfer date” as used in section 318(e) of Pub. L. 111203, set out above, see section 5301 of this title.]
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# 12 U.S.C. § 2 - Comptroller of the Currency; appointment; term
## Text
The Comptroller of the Currency shall be appointed by the President, by and with the advice and consent of the Senate, and shall hold his office for a term of five years unless sooner removed by the President, upon reasons to be communicated by him to the Senate.
(R.S. § 325; Aug. 23, 1935, ch. 614, title II, § 209, 49 Stat. 707.)
## Notes
Editorial Notes
Codification R.S. § 325 derived from act June 3, 1864, ch. 106, § 1, 13 Stat. 99, which was the National Bank Act. See section 38 of this title. Provisions of this section which prescribed the annual basic compensation of the Comptroller of the Currency were omitted to conform to the provisions of the Executive Schedule. See section 5314 of Title 5, Government Organization and Employees.
Amendments1935—Act Aug. 23, 1935, struck out “on the recommendation of the Secretary of the Treasury” after “President”, where first appearing, and changed the salary from “$5,000 a year” to “$15,000 a year”.
Statutory Notes and Related Subsidiaries
RepealsAct Oct. 15, 1949, ch. 695, § 4, 63 Stat. 880, formerly cited as a credit to this section, was repealed by Pub. L. 89554, § 8(a), Sept. 6, 1966, 80 Stat. 655.
Executive Documents
Exception as to Transfer of Functions Functions vested by any provision of law in Comptroller of the Currency, referred to in this section, were not included in transfer of functions to Secretary of the Treasury, see note set out under section 1 of this title.
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# 12 U.S.C. § 3 - Oath of Comptroller
## Text
The Comptroller of the Currency shall, within fifteen days from the time of notice of his appointment, take and subscribe the oath of office.
(R.S. § 326; Pub. L. 86251, § 1(d), Sept. 9, 1959, 73 Stat. 488; Pub. L. 92310, title II, § 223(a), June 6, 1972, 86 Stat. 206.)
## Notes
Editorial Notes
Codification R.S. § 326 derived from act June 3, 1864, ch. 106, § 1, 13 Stat. 99, which was the National Bank Act. See section 38 of this title.
Amendments1972—Pub. L. 92310 struck out provisions which required the Comptroller to give a bond in the sum of $250,000. 1959—Pub. L. 86251 increased the surety bond requirement from $100,000 to $250,000.
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# 12 U.S.C. § 4 - Deputy Comptrollers
## Text
The Secretary of the Treasury shall appoint no more than four Deputy Comptrollers of the Currency, one of whom shall be designated First Deputy Comptroller of the Currency, and shall fix their salaries. Each Deputy Comptroller shall take the oath of office and shall perform such duties as the Comptroller shall direct. During a vacancy in the office or during the absence or disability of the Comptroller, each Deputy Comptroller shall possess the power and perform the duties attached by law to the office of the Comptroller under such order of succession following the First Deputy Comptroller as the Comptroller shall direct.
(R.S. § 327; Mar. 4, 1923, ch. 252, § 209(b), 42 Stat. 1467; Pub. L. 86251, § 1(a), Sept. 9, 1959, 73 Stat. 487; Pub. L. 92310, title II, § 223(b), June 6, 1972, 86 Stat. 206.)
## Notes
Editorial Notes
Codification R.S. § 327 derived from act June 3, 1864, ch. 106, § 1, 13 Stat. 99, which was the National Bank Act. See section 38 of this title. R.S. § 327, contained after the word “Secretary” the following “who shall be entitled to a salary of two thousand five hundred dollars a year, and” which was omitted from this section on authority of act Mar. 4, 1923, § 209(b), fourth sentence, which was classified to section 9a of this title and regulated the salaries of deputy comptrollers.
Amendments1972—Pub. L. 92310 struck out provisions which required each Deputy Comptroller to give a bond in the sum of $100,000. 1959—Pub. L. 86251 provided for the appointment of four Deputy Comptrollers instead of one, the designation of one as the First Deputy, the fixing of salaries, increase in surety bond requirement from $50,000 to $100,000 and order of succession.
Executive Documents
Exception as to Transfer of Functions Functions vested by any provision of law in Comptroller of the Currency, referred to in this section, not included in transfer of functions to Secretary of the Treasury, see note set out under section 1 of this title.
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# 12 U.S.C. § 4a - Delegation of authority by Comptroller
## Text
The Comptroller of the Currency may delegate to any duly authorized employee, representative, or agent any power vested in the office by law.
(R.S. § 327A, as added Pub. L. 96221, title VII, § 707(a), Mar. 31, 1980, 94 Stat. 188.)
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# 12 U.S.C. § 4b - Deputy Comptroller for the supervision and examination of Federal savings associations
## Text
The Comptroller of the Currency shall designate a Deputy Comptroller, who shall be responsible for the supervision and examination of Federal savings associations.
(R.S. § 327B, as added Pub. L. 111203, title III, § 314(b), July 21, 2010, 124 Stat. 1524.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DateSection effective on the transfer date, see section 314(d) of Pub. L. 111203, set out as an Effective Date of 2010 Amendment note under section 1 of this title.
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# 12 U.S.C. § 7 - Chief of examining division
## Text
The Comptroller of the Currency may designate a national bank examiner to act as chief of the examining division in his office.
(Jan. 3, 1923, ch. 22, 42 Stat. 1096.)
## Notes
Editorial Notes
Codification Section is based on Treasury Department Appropriation Act, 1924, act Jan. 3, 1923.
Statutory Notes and Related Subsidiaries
Similar ProvisionsSimilar provisions were contained in act Feb. 17, 1922, ch. 55, 42 Stat. 375, and in earlier appropriation acts.
Executive Documents
Exception as to Transfer of Functions Functions vested by any provision of law in Comptroller of the Currency, referred to in this section, not included in transfer of functions to Secretary of the Treasury, see note set out under section 1 of this title.
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# 12 U.S.C. § 8 - Clerks
## Text
The Comptroller of the Currency shall employ, from time to time, the necessary clerks, to be appointed and classified by the Secretary of the Treasury, to discharge such duties as the comptroller shall direct.
(R.S. § 328.)
## Notes
Editorial Notes
Codification R.S. § 328 derived from act June 3, 1864, ch. 106, § 1, 13 Stat. 100, which was the National Bank Act. See section 38 of this title.
Executive Documents
Exception as to Transfer of Functions Functions vested by any provision of law in Comptroller of the Currency, referred to in this section, not included in transfer of functions to Secretary of the Treasury, see note set out under section 1 of this title.
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# 12 U.S.C. § 9 - Additional examiners, clerks, and other employees
## Text
The Comptroller of the Currency is authorized to employ such additional examiners, clerks, and other employees as he deems necessary to carry out the provisions of sections 4, 6, 9, 10, 1151 to 1318, and 1322 of this title and to assign to duty in the office of his bureau in Washington such examiners and assistant examiners as he shall deem necessary to assist in the performance of the work of that bureau.
(Mar. 4, 1923, ch. 252, title II, § 209(b), 42 Stat. 1467.)
## Notes
Editorial Notes
References in TextSection 6, referred to in text, was repealed by Pub. L. 86251, § 1(c)(1), Sept. 9, 1959, 73 Stat. 488. Sections 1151, 1161 to 1163, 1171, 1172, 1181, 1182, 1191, 1201, 1202, 1211 to 1215, 1221 to 1223, 1231, 1232, 1241 to 1244, 1246, 1247, 1249, 1251, 1261, 1271, 1281 to 1283, 1291 to 1293, 1301 to 1303, and 1322 of this title, included within the reference to sections 1151 to 1318, and 1322 of this title, were repealed by Pub. L. 86230, § 24, Sept. 8, 1959, 73 Stat. 466. Section 1151a, included within the reference to sections 1151 to 1318 of this title, was repealed by Pub. L. 92181, title V, § 5.26(a), Dec. 10, 1971, 85 Stat. 624. Sections 1245, 1248, and 1311 to 1318, included within the reference to sections 1151 to 1318 of this title, were repealed by act June 25, 1948, ch. 645, § 21, 62 Stat. 862, eff. Sept. 1, 1948. The bureau referred to in text is known as the Office of the Comptroller of the Currency.
Codification Section is comprised of subsec. (b), third sentence, of section 209 of act Mar. 4, 1923. For classification to this title of other provisions of section 209, see Tables.
Executive Documents
Exception as to Transfer of Functions Functions vested by any provision of law in Comptroller of the Currency, referred to in this section, not included in transfer of functions to Secretary of the Treasury, see note set out under section 1 of this title.
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# 12 U.S.C. § 9a - Repealed. Pub. L. 89554, § 8(a), Sept. 6, 1966, 80 Stat. 645
## Notes
Section, act Mar. 4, 1923, ch. 252, title II, § 209(b), 42 Stat. 1467, authorized Comptroller to fix in advance pay of deputy comptrollers, examiners, clerks, and certain other employees.
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# 12 U.S.C. § 1401 to 1404 - Repealed. Pub. L. 115334, title V, § 5411(64), Dec. 20, 2018, 132 Stat. 4686
## Notes
Section 1401, act Mar. 3, 1932, ch. 70, § 1, 47 Stat. 60; Ex. Ord. No. 6084, Mar. 27, 1933, related to authorization of loans by the Governor of the Farm Credit Administration.
Section 1402, act Mar. 3, 1932, ch. 70, § 2, 47 Stat. 60; Ex. Ord. No. 6084, Mar. 27, 1933, set limitation on loans to individual stockholders and required approval of financial structure of corporation prior to loan made upon its capital stock.
Section 1403, act Mar. 3, 1932, ch. 70, § 3, 47 Stat. 60, related to minimum paid-in capital stock for loan or advance.
Section 1404, act Mar. 3, 1932, ch. 70, § 4, 47 Stat. 60, authorized appropriations to be paid into a revolving fund.
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# 12 U.S.C. § 1421 - Short title
## Text
This chapter may be cited as the “Federal Home Loan Bank Act.”
(July 22, 1932, ch. 522, § 1, 47 Stat. 725.)
## Notes
Statutory Notes and Related Subsidiaries
Short Title of 1999 AmendmentPub. L. 106102, title VI, § 601, Nov. 12, 1999, 113 Stat. 1450, provided that: “This title [amending sections 250, 1422, 1422b, 1424, 1426, 1427, 1429, 1430, 1432, 1436, 1438, 1441b, 1464, and 1467a of this title, repealing sections 1442a and 1447 of this title, and enacting provisions set out as a note under section 1441b of this title] may be cited as the Federal Home Loan Bank System Modernization Act of 1999.”
Short Title of 1993 AmendmentPub. L. 103204, § 1(a), Dec. 17, 1993, 107 Stat. 2369, provided that: “This Act [enacting section 1447 of this title and section 8C of the Inspector General Act of 1978, Pub. L. 95452, set out in the Appendix to Title 5, Government Organization and Employees, amending sections 1441a, 1811, 1813, 1815, 1817, 1818, 1821, 1822, 1824, 1831j, and 1831q of this title, sections 5314 and 5315 of Title 5, and sections 8D to 8G and 11 of the Inspector General Act of 1978, Pub. L. 95452, set out in the Appendix to Title 5, enacting provisions set out as notes under sections 1441a, 1811, 1817, 1821, 1822, 1827, and 1831q of this title and section 3 of the Inspector General Act of 1978, Pub. L. 95452, set out in the Appendix to Title 5, and amending provisions set out as notes under section 396f of Title 16, Conservation, and section 1611 of Title 43, Public Lands] may be cited as the Resolution Trust Corporation Completion Act.”
Short Title of 1991 AmendmentsPub. L. 102233, § 1, Dec. 12, 1991, 105 Stat. 1761, provided that: “This Act [enacting section 2907 of this title, amending sections 1441, 1441a, 1441b, 1786, 1818, 1821, 1821a, 1833b, 1833e, 3345, and 3348 of this title, sections 5313 and 5314 of Title 5, Government Organization and Employees, and section 11 of the Inspector General Act of 1978, Pub. L. 95452, set out in the Appendix to Title 5, enacting provisions set out as notes under this section and sections 1441, 1441a, and 1831n of this title, and amending provisions set out as notes under sections 1437 and 1441a of this title] may be cited as the Resolution Trust Corporation Refinancing, Restructuring, and Improvement Act of 1991.” Pub. L. 102233, title III, § 301, Dec. 12, 1991, 105 Stat. 1767, provided that: “This title [amending sections 1441, 1441a, 1441b, 1786, 1818, 1821, 1833b, and 1833e of this title, sections 5313 and 5314 of Title 5, Government Organization and Employees, and section 11 of the Inspector General Act of 1978, Pub. L. 95452, set out in the Appendix to Title 5, enacting provisions set out as notes under sections 1441 and 1441a of this title, and amending provisions set out as notes under sections 1437 and 1441a of this title] may be cited as the Resolution Trust Corporation Thrift Depositor Protection Reform Act of 1991.” Pub. L. 10218, § 1, Mar. 23, 1991, 105 Stat. 58, provided that: “This Act [amending sections 1441a and 1812 of this title and enacting provisions set out as notes under section 1441a of this title] may be cited as the Resolution Trust Corporation Funding Act of 1991.”
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# 12 U.S.C. § 1422 - Definitions
## Text
As used in this chapter—
(1) (A) Bank.— The term “Federal Home Loan Bank” or “Bank” means a bank established under the authority of this chapter.
(B) Bank system.— The term “Federal Home Loan Bank System” means the Federal Home Loan Banks under the supervision of the Director.
(2) State.— The term “State”, in addition to the States of the United States, includes the District of Columbia, Guam, Puerto Rico, the United States Virgin Islands, American Samoa, and the Commonwealth of the Northern Mariana Islands.
(3) The term “member” means any institution which has subscribed for the stock of a Federal Home Loan Bank.
(4) The term “home mortgage loan” means a loan made by a member upon the security of a home mortgage.
(5) The term “home mortgage” means a mortgage upon real estate, in fee simple, or on a leasehold (1) under a lease for not less than ninety-nine years which is renewable or (2) under a lease having a period of not less than fifty years to run from the date the mortgage was executed, upon which is located, or which comprises or includes, one or more homes or other dwelling units, all of which may be defined by the Director and shall include, in addition to first mortgages, such classes of first liens as are commonly given to secure advances on real estate by institutions authorized under this chapter to become members, under the laws of the State in which the real estate is located, together with the credit instruments, if any, secured thereby.
(6) The term “unpaid principal,” when used in respect of a loan secured by a home mortgage means the principal thereof less the sum of (1) payments made on such principal, and (2) in cases where shares or stock are pledged as security for the loan, the payments made on such shares or stock plus earnings or dividends apportioned or credited thereon.
(7) An “amortized” or “installment” home mortgage loan shall, for the purposes of this chapter, be a home mortgage loan to be repaid or liquidated in not less than eight years by means of regular weekly, monthly, or quarterly payments made directly in reduction of the debt or upon stock or shares pledged as collateral for the repayment of such loan.
(8) Savings association.— The term “savings association” has the meaning given to such term in section 3 of the Federal Deposit Insurance Act [12 U.S.C. 1813].
(9) Insured depository institution.— The term “insured depository institution” means—
(A) an insured depository institution (as defined in section 3 of the Federal Deposit Insurance Act [12 U.S.C. 1813]), and
(B) except as used in sections 1441a 11 See References in Text note below. and 1441b of this title, an insured credit union (as defined in section 1752 of this title).
(10) Community financial institution.— (A) In general.— The term “community financial institution” means a member—
(i) the deposits of which are insured under the Federal Deposit Insurance Act [12 U.S.C. 1811 et seq.]; and
(ii) that has, as of the date of the transaction at issue, less than $1,000,000,000 in average total assets, based on an average of total assets over the 3 years preceding that date.
(B) Adjustments.— The $1,000,000,000 limit referred to in subparagraph (A)(ii) shall be adjusted annually by the Director, based on the annual percentage increase, if any, in the Consumer Price Index for all urban consumers, as published by the Department of Labor.
(11) Director.— The term “Director” means the Director of the Federal Housing Finance Agency.
(12) Agency.— The term “Agency” means the Federal Housing Finance Agency, established under section 4511 of this title.
(July 22, 1932, ch. 522, § 2, 47 Stat. 725; June 27, 1934, ch. 847, § 507, 48 Stat. 1264; May 28, 1935, ch. 150, § 1, 49 Stat. 293; July 14, 1952, ch. 723, § 10(c), 66 Stat. 604; Pub. L. 8670, § 9(a), June 25, 1959, 73 Stat. 142; Pub. L. 86624, § 5(a), July 12, 1960, 74 Stat. 411; Pub. L. 87779, § 2(a), Oct. 9, 1962, 76 Stat. 779; Pub. L. 10173, title VII, §§ 701(a), 710(b)(1), Aug. 9, 1989, 103 Stat. 411, 418; Pub. L. 106102, title VI, § 602, Nov. 12, 1999, 113 Stat. 1450; Pub. L. 110289, div. A, title II, §§ 1203, 1204(8), (10), 1211(a), July 30, 2008, 122 Stat. 2785, 2786, 2790.)
## Notes
Editorial Notes
References in TextSection 1441a of this title, referred to in par. (9)(B), was repealed by Pub. L. 111203, title III, § 364(b), July 21, 2010, 124 Stat. 1555. The Federal Deposit Insurance Act, referred to in par. (10)(A)(i), is act Sept. 21, 1950, ch. 967, § 2, 64 Stat. 873, which is classified generally to chapter 16 (§ 1811 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1811 of this title and Tables.
Amendments2008—Par. (1). Pub. L. 110289, § 1203(1), (2), redesignated par. (2) as (1) and struck out former par. (1). Prior to amendment, text read as follows: “The terms Finance Board and Board mean the Federal Housing Finance Board established under section 1422a of this title.” Par. (1)(B). Pub. L. 110289, § 1204(8), substituted “the Director” for “the Board”. Pars. (2) to (4). Pub. L. 110289, § 1203(2), redesignated pars. (3) to (5) as (2) to (4), respectively. Former par. (2) redesignated (1). Par. (5). Pub. L. 110289, § 1204(8), substituted “the Director” for “the Board”. Pub. L. 110289, § 1203(2), redesignated par. (6) as (5). Former par. (5) redesignated (4). Pars. (6) to (9). Pub. L. 110289, § 1203(2), (3), redesignated pars. (7) to (9) and (12) as (6) to (9), respectively. Former par. (6) redesignated (5). Par. (10). Pub. L. 110289, § 1203(1), (3), redesignated par. (13) as (10) and struck out former par. (10). Prior to amendment, text read as follows: “The term Chairperson means the Chairperson of the Board.” Par. (10)(A)(ii). Pub. L. 110289, § 1211(a), substituted “$1,000,000,000” for “$500,000,000”. Par. (10)(B). Pub. L. 110289, § 1211(a), substituted “$1,000,000,000” for “$500,000,000”. Pub. L. 110289, § 1204(10), substituted “the Director” for “the Finance Board”. Pars. (11) to (13). Pub. L. 110289, § 1203(1), (3), (4), added pars. (11) and (12), redesignated former pars. (12) and (13) as (9) and (10), respectively, and struck out former par. (11). Prior to amendment, text read as follows: “The term Secretary means the Secretary of Housing and Urban Development.” 1999—Par. (1). Pub. L. 106102, § 602(1), substituted “terms Finance Board and Board mean” for “term Board means”. Par. (3). Pub. L. 106102, § 602(2), added par. (3) and struck out former par. (3) which read as follows: “The term State includes the District of Columbia, Guam, Puerto Rico, and the Virgin Islands of the United States.” Par. (13). Pub. L. 106102, § 602(3), added par. (13). 1989—Pars. (1), (2). Pub. L. 10173, § 701(a)(1), added pars. (1) and (2) and struck out former pars. (1) and (2) which defined “board” and “Federal Home Loan Bank”. Par. (4). Pub. L. 10173, § 701(a)(2), which directed amendment of par. (4) by striking out “(except when used in reference to the member of the Board)” after “ member ”, was executed by striking out “(except when used in reference to a member of the board)” as the probable intent of Congress. Par. (5). Pub. L. 10173, § 710(b)(1), struck out “or a nonmember borrower” after “member”. Pars. (9) to (12). Pub. L. 10173, § 701(a)(3), added pars. (9) to (12) and struck out former par. (9) which read as follows: “The term nonmember borrower includes an institution authorized to secure advances from a Federal Home Loan Bank under the provisions of subsection (e) of section 1426 of this title.” 1962—Subsec. (6). Pub. L. 87779 substituted “upon which is located, or which comprises or includes, one or more homes or other dwelling units, all of which may be defined by the Board” for “upon which there is located a dwelling for not more than four families”. 1960—Subsec. (3). Pub. L. 86624 struck out reference to Territory of Hawaii. 1959—Subsec. (3). Pub. L. 8670 substituted “Territory of Hawaii” for “Territories of Alaska and Hawaii”. 1952—Subsec. (3). Act July 14, 1952, inserted “Guam,”. 1935—Subsec. (6). Act May 28, 1935, substituted “four families” for “three families”. 1934—Subsec. (6). Act June 27, 1934, struck out “first” before “mortgage” and inserted “or (2) under a lease having a period of not less than fifty years to run from the date the mortgage was executed”.
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# 12 U.S.C. § 1423 - Federal Home Loan Bank districts; number and boundaries; establishment of Federal Home Loan Banks; names
## Text
(a) In general As soon as practicable the Director shall divide the continental United States, Puerto Rico, the Virgin Islands, Guam, and the Territories of Alaska and Hawaii into not less than eight nor more than twelve districts. Such districts shall be apportioned with due regard to the convenience and customary course of business of the institutions eligible to and likely to subscribe for stock of a Federal Home Loan Bank to be formed under this chapter, but no such district shall contain a fractional part of any State. The districts thus created may be readjusted and new districts may from time to time be created by the Director, not to exceed twelve in all. Such districts shall be known as Federal Home Loan Bank districts and may be designated by number. As soon as practicable the Director shall establish, in each district, a Federal Home Loan Bank at such city as may be designated by the Director. Its title shall include the name of the city at which it is established.
(b) Authority to reduce districts Notwithstanding subsection (a), the number of districts may be reduced to a number less than 8—
(1) pursuant to a voluntary merger between Banks, as approved pursuant to section 1446(b) of this title; or
(2) pursuant to a decision by the Director to liquidate a Bank pursuant to section 4617 of this title.
(July 22, 1932, ch. 522, § 3, 47 Stat. 726; July 14, 1952, ch. 723, § 10(c), 66 Stat. 604; Pub. L. 10173, title VII, § 701(b)(1), (3)(A), Aug. 9, 1989, 103 Stat. 412; Pub. L. 110289, div. A, title II, §§ 1204(8), 1210, July 30, 2008, 122 Stat. 2786, 2790.)
## Notes
Editorial Notes
Amendments2008—Pub. L. 110289, § 1210, designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). Pub. L. 110289, § 1204(8), substituted “the Director” for “the Board” wherever appearing. 1989—Pub. L. 10173 substituted “Board” for “board” wherever appearing. 1952—Act July 14, 1952, inserted “Guam,” after “Virgin Islands,”.
Executive Documents
Admission of Alaska and Hawaii to StatehoodAlaska was admitted into the Union on Jan. 3, 1959, on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, and Hawaii was admitted into the Union on Aug. 21, 1959, on issuance of Proc. No. 3309, Aug. 21, 1959, 24 F.R. 6868, 73 Stat. c74. For Alaska Statehood Law, see Pub. L. 85508, July 7, 1958, 72 Stat. 339, set out as a note preceding section 21 of Title 48, Territories and Insular Possessions. For Hawaii Statehood Law, see Pub. L. 863, Mar. 18, 1959, 73 Stat. 4, set out as a note preceding section 491 of Title 48.
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# 12 U.S.C. § 1424 - Eligibility for membership
## Text
(a) Criteria for eligibility (1) In general Any building and loan association, savings and loan association, cooperative bank, homestead association, insurance company, savings bank, community development financial institution, or any insured depository institution (as defined in section 1422 of this title), shall be eligible to become a member of a Federal Home Loan Bank if such institution—
(A) is duly organized under the laws of any State or of the United States;
(B) is subject to inspection and regulation under the banking laws, or under similar laws, of the State or of the United States or, in the case of a community development financial institution, is certified as a community development financial institution under the Community Development Banking and Financial Institutions Act of 1994 [12 U.S.C. 4701 et seq.].; 11 So in original. and
(C) makes such home mortgage loans as, in the judgment of the Director, are long-term loans (except that in the case of a savings bank, this subparagraph applies only if, in the judgment of the Director, its time deposits, as defined in section 461 of this title, warrant its making such loans).
(2) Qualified thrift lender An insured depository institution that is not a member on January 1, 1989, may become a member of a Federal Home Loan Bank only if—
(A) the insured depository institution (other than a community financial institution) has at least 10 percent of its total assets in residential mortgage loans;
(B) the insured depository institutions financial condition is such that advances may be safely made to such institution; and
(C) the character of its management and its home-financing policy are consistent with sound and economical home financing.
(3) Certain institutions An insured depository institution commencing its initial business operations after January 1, 1989, may become a member of a Federal Home Loan Bank if it complies with regulations and orders prescribed by the Director for the 10 percent asset requirement (described in the 22 So in original. The word “the” probably should not appear. paragraph (2)) within one year after the commencement of its operations.
(4) Limited exemption for community financial institutions A community financial institution that otherwise meets the requirements of paragraph (2) may become a member without regard to the percentage of its total assets that is represented by residential mortgage loans, as described in subparagraph (A) of paragraph (2).
(5) Certain privately insured credit unions (A) In general Subject to the requirements of subparagraph (B), a credit union shall be treated as an insured depository institution for purposes of determining the eligibility of such credit union for membership in a Federal home loan bank under paragraphs (1), (2), and (3).
(B) Certification by appropriate supervisor (i) In general For purposes of this paragraph and subject to clause (ii), a credit union which lacks Federal deposit insurance and which has applied for membership in a Federal home loan bank may be treated as meeting all the eligibility requirements for Federal deposit insurance only if the appropriate supervisor of the State in which the credit union is chartered has determined that the credit union meets all the eligibility requirements for Federal deposit insurance as of the date of the application for membership.
(ii) Certification deemed valid If, in the case of any credit union to which clause (i) applies, the appropriate supervisor of the State in which such credit union is chartered fails to make a determination pursuant to such clause by the end of the 6-month period beginning on the date of the application, the credit union shall be deemed to have met the requirements of clause (i).
(C) Security interests of Federal home loan bank not avoidable Notwithstanding any provision of State law authorizing a conservator or liquidating agent of a credit union to repudiate contracts, no such provision shall apply with respect to—
(i) any extension of credit from any Federal home loan bank to any credit union which is a member of any such bank pursuant to this paragraph; or
(ii) any security interest in the assets of such credit union securing any such extension of credit.
(D) Protection for certain Federal home loan bank advances Notwithstanding any State law to the contrary, if a Bank makes an advance under section 1430 of this title to a State-chartered credit union that is not federally insured—
(i) the Banks interest in any collateral securing such advance has the same priority and is afforded the same standing and rights that the security interest would have had if the advance had been made to a federally insured credit union; and
(ii) the Bank has the same right to access such collateral that the Bank would have had if the advance had been made to a federally insured credit union.
(b) Location requirement An institution eligible to become a member under this section may become a member only of, or secure advances from, the Federal Home Loan Bank of the district in which is located the institutions principal place of business, or of the bank of a district adjoining such district, if demanded by convenience and then only with the approval of the Director.
(c) Inspection and regulation requirements Notwithstanding the provisions of clause (2) of subsection (a) of this section requiring inspection and regulation under law as a condition with respect to eligibility for membership, any building and loan association which would be eligible to become a member of a Federal Home Loan Bank except for the fact that it is not subject to inspection and regulation under the banking laws or similar laws of the State in which such association is organized shall, upon subjecting itself to such inspection and regulation as the Director shall prescribe, be eligible to become a member.
(July 22, 1932, ch. 522, § 4, 47 Stat. 726; June 13, 1933, ch. 64, § 3, 48 Stat. 129; Pub. L. 10173, title VII, §§ 701(b)(1), (3)(A), 704(a), 710(b)(1), Aug. 9, 1989, 103 Stat. 412, 415, 418; Pub. L. 106102, title VI, § 605, Nov. 12, 1999, 113 Stat. 1452; Pub. L. 110289, div. A, title II, §§ 1204(8), 1206, July 30, 2008, 122 Stat. 2786, 2787; Pub. L. 11494, div. G, title LXXXII, § 82001(a), Dec. 4, 2015, 129 Stat. 1795.)
## Notes
Editorial Notes
References in TextThe Community Development Banking and Financial Institutions Act of 1994, referred to in subsec. (a)(1)(B), is subtitle A (§§ 101121) of title I of Pub. L. 103325, Sept. 23, 1994, 108 Stat. 2163, which is classified principally to subchapter I (§ 4701 et seq.) of chapter 47 of this title. For complete classification of subtitle A to the Code, see Short Title note set out under section 4701 of this title and Tables. Section 461 of this title, referred to in subsec. (a)(1)(C), was in the original “section 19 of the Federal Reserve Act”. Definition provisions of section 19 are classified to section 461 of this title. Other provisions of section 19 are classified to sections 142, 371b, 371b1, 374, 374a, 463 to 466, 505, and 506 of this title.
Amendments2015—Subsec. (a)(5). Pub. L. 11494 added par. (5). 2008—Subsec. (a)(1). Pub. L. 110289, § 1206(1), which directed insertion of “community development financial institution,” after “savings bank,”, was executed by making the insertion after “savings bank,” the first time appearing. Subsec. (a)(1)(B). Pub. L. 110289, § 1206(2), which directed insertion of “or, in the case of a community development financial institution, is certified as a community development financial institution under the Community Development Banking and Financial Institutions Act of 1994.” after “United States,”, was executed by making the insertion after “United States” to reflect the probable intent of Congress. Subsecs. (a)(1)(C), (3), (b), (c). Pub. L. 110289, § 1204(8), substituted “the Director” for “the Board” wherever appearing. 1999—Subsec. (a)(2) to (4). Pub. L. 106102 inserted “(other than a community financial institution)” after “institution” in par. (2)(A), designated concluding provisions of par. (2) as par. (3), inserted heading and substituted “paragraph (2)” for “preceding sentence”, and added par. (4). 1989—Subsec. (a). Pub. L. 10173, § 704(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “Any building and loan association, savings and loan association, cooperative bank, homestead association, insurance company, or savings bank shall be eligible to become a member of, or a nonmember borrower of, a Federal Home Loan Bank if such institution (1) is duly organized under the laws of any State or of the United States; (2) is subject to inspection and regulation under the banking laws, or under similar laws, of the State or of the United States; and (3) makes such home mortgage loans as in the judgment of the board, are long-term loans (and in the case of a savings bank if, in the judgment of the board, its time deposits, as defined in section 461 of this title, warrant its making such loans). No institution shall be eligible to become a member of, or a nonmember borrower of, a Federal Home Loan Bank if, in the judgment of the board, its financial condition is such that advances may not safely be made to such institution or the character of its management or its home-financing policy is inconsistent with sound and economical home financing, or with the purposes of this chapter.” Subsec. (b). Pub. L. 10173, § 710(b)(1), struck out “or a nonmember borrower” after “eligible to become a member”. Pub. L. 10173, § 701(b)(1), (3)(A), substituted “Board” for “board”. Subsec. (c). Pub. L. 10173, § 701(b)(1), (3)(A), substituted “Board” for “board”. 1933—Subsec. (d). Act June 13, 1933, struck out subsec. (d) which provided for direct loans to homeowners. See chapter 12 (§ 1461 et seq.) of this title.
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# 12 U.S.C. § 1425 to 1425b - Repealed. Pub. L. 10173, title VII, §§ 705, 716, 720, Aug. 9, 1989, 103 Stat. 416, 421, 423
## Notes
Section 1425, acts July 22, 1932, ch. 522, § 5, 47 Stat. 727; Dec. 24, 1969, Pub. L. 91152, title IV, § 416(a), 83 Stat. 401, related to limitation on lawful contract rate of interest receivable by members and nonmember borrowers, and applicability to home mortgage loans on single-family dwellings.
Section 1425a, act July 22, 1932, ch. 522, § 5A, as added June 27, 1950, ch. 369, § 1, 64 Stat. 256; amended Aug. 11, 1955, ch. 783, title I, § 109(a)(3), 69 Stat. 640; Sept. 21, 1968, Pub. L. 90505, § 4, 82 Stat. 856; Mar. 31, 1980, Pub. L. 96221, title I, § 104(b), title IV, § 405, 94 Stat. 139, 158; Oct. 8, 1980, Pub. L. 96399, title III, § 325(a), 94 Stat. 1648; Oct. 15, 1982, Pub. L. 97320, title III, § 332, 96 Stat. 1504; Oct. 17, 1984, Pub. L. 98479, title II, § 207, 98 Stat. 2235, related to liquidity requirements for savings and loan associations and other members.
Section 1425b, act July 22, 1932, ch. 522, § 5B, as added Sept. 21, 1966, Pub. L. 89597, § 4, 80 Stat. 824; amended Sept. 21, 1968, Pub. L. 90505, § 2(c), 82 Stat. 856; Dec. 23, 1969, Pub. L. 91151, § 2(b), 83 Stat. 372; Oct. 29, 1974, Pub. L. 93501, title I, § 103, title III, § 303, 88 Stat. 1558, 1560; Nov. 5, 1979, Pub. L. 96104, title II, § 203, 93 Stat. 793; Dec. 28, 1979, Pub. L. 96161, title II, § 210, 93 Stat. 1239; Mar. 31, 1980, Pub. L. 96221, title II, § 207(b)(7)(9), title V, § 529, 94 Stat. 144, 168, related to rate of interest payable on deposits, shares or withdrawable accounts by members, insured institutions and other nonmember financial institutions.
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# 12 U.S.C. § 1426a - Exclusion from certain requirements
## Text
(a) In general The Federal Home Loan Banks shall be exempt from compliance with—
(1) sections 78m(e), 78n(a), and 78n(c) of title 15, and related Commission regulations;
(2) section 78o of title 15, and related Commission regulations, with respect to transactions in the capital stock of a Federal Home Loan Bank;
(3) section 78q1 of title 15, and related Commission regulations, with respect to the transfer of the securities of a Federal Home Loan Bank; and
(4) the Trust Indenture Act of 1939 [15 U.S.C. 77aaa et seq.].
(b) Member exemption The members of the Federal Home Loan Bank System shall be exempt from compliance with sections 78m(d), 78m(f), 78m(g), 78n(d), and 78p of title 15, and related Commission regulations, with respect to ownership of or transactions in the capital stock of the Federal Home Loan Banks by such members.
(c) Exempted and Government securities (1) Capital stock The capital stock issued by each of the Federal Home Loan Banks under section 1426 of this title are—
(A) exempted securities, within the meaning of section 77c(a)(2) of title 15; and
(B) exempted securities, within the meaning of section 78c(a)(12)(A) of title 15, except to the extent provided in section 78oo of title 15.
(2) Other obligations The debentures, bonds, and other obligations issued under section 1431 of this title are—
(A) exempted securities, within the meaning of section 77c(a)(2) of title 15;
(B) government securities, within the meaning of section 78c(a)(42) of title 15; and
(C) government securities, within the meaning of section 80a2(a)(16) of title 15.
(3) Brokers and dealers A person (other than a Federal Home Loan Bank effecting transactions for members of the Federal Home Loan Bank System) that effects transactions in the capital stock or other obligations of a Federal Home Loan Bank, for the account of others or for that persons own account, as applicable, is a broker or dealer, as those terms are defined in paragraphs (4) and (5), respectively, of section 78c(a) of title 15, but is excluded from the definition of—
(A) the term “government securities broker” under section 78c(a)(43) of title 15; and
(B) the term “government securities dealer” under section 78c(a)(44) of title 15.
(d) Exemption from reporting requirements The Federal Home Loan Banks shall be exempt from periodic reporting requirements under the securities laws pertaining to the disclosure of—
(1) related party transactions that occur in the ordinary course of the business of the Banks with members; and
(2) the unregistered sales of equity securities.
(e) Tender offers Commission rules relating to tender offers shall not apply in connection with transactions in the capital stock of the Federal Home Loan Banks.
(f) Regulations (1) In general The Commission shall promulgate such rules and regulations as may be necessary or appropriate in the public interest or in furtherance of this section and the exemptions provided in this section.
(2) Considerations In issuing regulations under this section, the Commission shall consider the distinctive characteristics of the Federal Home Loan Banks when evaluating—
(A) the accounting treatment with respect to the payment to the Resolution Funding Corporation;
(B) the role of the combined financial statements of the Federal Home Loan Banks;
(C) the accounting classification of redeemable capital stock; and
(D) the accounting treatment related to the joint and several nature of the obligations of the Banks.
(g) Definitions As used in this section—
(1) the terms “Bank”, “Federal Home Loan Bank”, “member”, and “Federal Home Loan Bank System” have the same meanings as in section 1422 of this title;
(2) the term “Commission” means the Securities and Exchange Commission; and
(3) the term “securities laws” has the same meaning as in section 78c(a)(47) of title 15.
(Pub. L. 110289, div. A, title II, § 1208, July 30, 2008, 122 Stat. 2788.)
## Notes
Editorial Notes
References in TextThe Trust Indenture Act of 1939, referred to in subsec. (a)(4), is title III of act May 27, 1933, ch. 38, as added Aug. 3, 1939, ch. 411, 53 Stat. 1149, which is classified generally to subchapter III (§ 77aaa et seq.) of chapter 2A of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see section 77aaa of Title 15 and Tables.
Codification Section was enacted as part of the Housing and Economic Recovery Act of 2008, and also as part of the Federal Housing Finance Regulatory Reform Act of 2008, and not as part of the Federal Home Loan Bank Act which comprises this chapter.
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# 12 U.S.C. § 1428 - Examination of State laws, regulations, and procedures; studies of values, etc.
## Text
The Director shall cause to be made from time to time examinations of the laws of the various States of the United States and the regulations and procedure thereunder governing conditions under which institutions of the kinds which may become members or nonmember borrowers under this chapter are permitted to be formed or to do business, or relating to the conveying or recording of land titles, or to homestead and other rights, or to the enforcement of the rights of holders of mortgages on lands securing loans, or otherwise. If any such examination shall indicate, in the opinion of the Director, that under the laws of any such State or the regulations or procedure thereunder there would be inadequate protection to a Federal Home Loan Bank in making or collecting advances under this chapter, the Director may withhold or limit the operation of any Federal Home Loan Bank in such State until satisfactory conditions of law, regulation, or procedure shall be established. In any State where State examination of members or nonmember borrowers is deemed inadequate for the purposes of the Federal Home Loan Banks, the Director shall establish such examination, all or part of the cost of which may be considered as part of the cost of making advances in such State. The banks and/or the Director may make studies of trends of home and other property values, methods of appraisals, and other subjects such as they may deem useful for the general guidance of their policies and operations and those of institutions authorized to secure advances.
(July 22, 1932, ch. 522, § 8, 47 Stat. 731; Pub. L. 10173, title VII, § 701(b)(1), (3)(A), Aug. 9, 1989, 103 Stat. 412; Pub. L. 110289, div. A, title II, § 1204(8), (9), July 30, 2008, 122 Stat. 2786.)
## Notes
Editorial Notes
Amendments2008—Pub. L. 110289 substituted “The Director” for “The Board” and “the Director” for “the Board” wherever appearing. 1989—Pub. L. 10173 substituted “Board” for “board” wherever appearing.
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# 12 U.S.C. § 1428a - Repealed. Pub. L. 10173, title VII, § 718, Aug. 9, 1989, 103 Stat. 422
## Notes
Section, act July 22, 1932, ch. 522, § 8a, as added May 28, 1935, ch. 150, § 4, 49 Stat. 294; amended 1947 Reorg. Plan No. 3, eff. July 27, 1947, 12 F.R. 4981, 61 Stat. 954; Dec. 26, 1974, Pub. L. 93541, § 6, 88 Stat. 1739; Oct. 15, 1982, Pub. L. 97320, title III, § 354, 96 Stat. 1508, established Federal Savings and Loan Advisory Council.
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# 12 U.S.C. § 1429 - Eligibility to secure advances
## Text
Any member of a Federal Home Loan Bank shall be entitled to apply in writing for advances. Such application shall be in such form as shall be required by the Federal Home Loan Bank. Such Federal Home Loan Bank may at its discretion deny any such application, or may grant it on such conditions as the Federal Home Loan Bank may prescribe.
(July 22, 1932, ch. 522, § 9, 47 Stat. 731; Pub. L. 10173, title VII, §§ 701(b)(1), (3)(A), 710(a), Aug. 9, 1989, 103 Stat. 412, 418; Pub. L. 106102, title VI, § 606(f)(1), Nov. 12, 1999, 113 Stat. 1455.)
## Notes
Editorial Notes
Amendments1999—Pub. L. 106102 struck out “with the approval of the Board” after “Federal Home Loan Bank” in second sentence and struck out “, subject to the approval of the Board,” after “deny any such application, or” in third sentence. 1989—Pub. L. 10173, § 710(a), struck out “or nonmember borrower” after “Any member”. Pub. L. 10173, § 701(b)(1), (3)(A), substituted “Board” for “board” wherever appearing.
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# 12 U.S.C. § 1430a - Omitted
## Notes
Editorial Notes
Codification Section, act July 22, 1932, ch. 522, § 10a, as added June 27, 1934, ch. 847, § 502, 48 Stat. 1261, provided for advances by Federal Home Loan Banks to finance home repairs, improvements, and alterations until July 1, 1936.
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# 12 U.S.C. § 1430b - Advances to nonmember mortgagee; terms and conditions
## Text
(a) In general Each Federal Home Loan Bank is authorized to make advances to nonmember mortgagees approved under title II of the National Housing Act [12 U.S.C. 1707 et seq.]. Such mortgagees must be chartered institutions having succession and subject to the inspection and supervision of some governmental agency, and whose principal activity in the mortgage field must consist of lending their own funds. Such advances shall not be subject to the other provisions and restrictions of this chapter, but shall be made upon the security of insured mortgages, insured under title II of the National Housing Act. Advances made under the terms of this section shall be at such rates of interest and upon such terms and conditions as shall be determined by the Director, but no advance may be for an amount in excess of 90 per centum of the unpaid principal of the mortgage loan given as security.
(b) Exception An advance made to a State housing finance agency for the purpose of facilitating mortgage lending that benefits individuals and families that meet the income requirements set forth in section 142(d) or 143(f) of title 26, need not be collateralized by a mortgage insured under title II of the National Housing Act [12 U.S.C. 1707 et seq.] or otherwise, if—
(1) such advance otherwise meets the requirements of this subsection; and
(2) such advance meets the requirements of section 1430(a) of this title, and any real estate collateral for such loan comprises single family or multifamily residential mortgages.
(July 22, 1932, ch. 522, § 10b, as added May 25, 1935, ch. 150, § 7, 49 Stat. 295; amended Pub. L. 10173, title VII, § 701(b)(1), (3)(A), Aug. 9, 1989, 103 Stat. 412; Pub. L. 102550, title XIII, § 1392(b), Oct. 28, 1992, 106 Stat. 4009; Pub. L. 110289, div. A, title II, § 1204(8), July 30, 2008, 122 Stat. 2786.)
## Notes
Editorial Notes
References in TextThe National Housing Act, referred to in text, is act June 27, 1934, ch. 847, 48 Stat. 1246. Title II of the Act is classified generally to subchapter II (§ 1707 et seq.) of chapter 13 of this title. For complete classification of this Act to the Code, see section 1701 of this title and Tables.
Amendments2008—Subsec. (a). Pub. L. 110289 substituted “the Director” for “the Board”. 1992—Pub. L. 102550 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). 1989—Pub. L. 10173 substituted “Board” for “Federal Home Loan Bank Board”.
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# 12 U.S.C. § 1430c - Housing goals
## Text
(a) In general The Director shall establish housing goals with respect to the purchase of mortgages, if any, by the Federal Home Loan Banks. Such goals shall be consistent with the goals established under sections 4561 through 4564 of this title.
(b) Considerations In establishing the goals required by subsection (a), the Director shall consider the unique mission and ownership structure of the Federal Home Loan Banks.
(c) Transition period To facilitate an orderly transition, the Director shall establish interim target goals for purposes of this section for each of the 2 calendar years following July 30, 2008.
(d) Monitoring and enforcement of goals The requirements of section 4566 11 See References in Text note below. of this title, shall apply to this section, in the same manner and to the same extent as that section applies to the Federal housing enterprises.
(e) Annual report The Director shall annually report to Congress on the performance of the Banks in meeting the goals established under this section.
(July 22, 1932, ch. 522, § 10C, as added Pub. L. 110289, div. A, title II, § 1205, July 30, 2008, 122 Stat. 2786.)
## Notes
Editorial Notes
References in TextSection 4566 of this title, referred to in subsec. (d), was in the original “section 1336 of the Federal Housing Enterprises Safety and Soundness Act of 1992”, which was translated as meaning section 1336 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992, to reflect the probable intent of Congress.
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# 12 U.S.C. § 1432 - Incorporation of banks; corporate powers; housing project loans
## Text
(a) The directors of each Federal Home Loan Bank shall, in accordance with such rules and regulations as the Director may prescribe, make and file with the Director at the earliest practicable date after the establishment of such bank, an organization certificate which shall contain such information as the Director may require. Upon the making and filing of such organization certificate with the Director, such bank shall become, as of the date of the execution of its organization certificate, a body corporate, and as such and in its name as designated by the Director it shall have power to adopt, alter, and use a corporate seal; to make contracts; to purchase or lease and hold or dispose of such real estate as may be necessary or convenient for the transaction of its business; to sue and be sued, to complain and to defend, in any court of competent jurisdiction, State or Federal; to select, employ, and fix the compensation of such officers, employees, attorneys, and agents as shall be necessary for the transaction of its business,; 11 So in original. to define their duties, require bonds of them and fix the penalties thereof, and to dismiss at pleasure such officers, employees, attorneys, and agents; and, by the board of directors of the bank, to prescribe, amend, and repeal by-laws governing the manner in which its affairs may be administered, consistent with applicable laws and regulations, as administered by the Director. No officer, employee, attorney, or agent of a Federal home loan bank who receives compensation, may be a member of the board of directors. Each such bank shall have all such incidental powers, not inconsistent with the provisions of this chapter, as are customary and usual in corporations generally.
(b) Subject to such regulations as may be prescribed by the Director, one or more Federal home loan banks may acquire, hold, or dispose of, in whole or in part, or facilitate such acquisition, holding, or disposition by members of any such bank of, housing project loans, or interests therein, having the benefit of any guaranty under section 2181 of title 22, as now or hereafter in effect, or loans, or interests therein, having the benefit of any guaranty under section 2184 of title 22 or any commitment or agreement with respect to such loans, or interests therein, made pursuant to either of such sections. This authority extends to the acquisition, holding, and disposition of loans, or interests therein, having the benefit of any guaranty under section 2181 or 2182 of title 22 or such sections as hereafter amended or extended, or of any commitment or agreement for any such guaranty.
(July 22, 1932, ch. 522, § 12, 47 Stat. 735; Pub. L. 89754, title X, § 1016(a), Nov. 3, 1966, 80 Stat. 1293; Pub. L. 90448, title XVII, § 1717, Aug. 1, 1968, 82 Stat. 609; Pub. L. 91609, title IX, § 907(a), Dec. 31, 1970, 84 Stat. 1811; Pub. L. 10173, title VII, § 701(b)(1), (3)(A), Aug. 9, 1989, 103 Stat. 412; Pub. L. 106102, title VI, § 606(d), Nov. 12, 1999, 113 Stat. 1454; Pub. L. 110289, div. A, title II, § 1204(8), (10), July 30, 2008, 122 Stat. 2786.)
## Notes
Editorial Notes
References in TextSection 2184 of title 22, referred to in subsec. (b), which related to housing projects in Latin American countries, was omitted in the general amendment made by section 105 of Pub. L. 91175, Dec. 30, 1969, 83 Stat. 807. See section 2182 of Title 22, Foreign Relations and Intercourse.
Amendments2008—Subsec. (a). Pub. L. 110289 substituted “administered by the Director” for “administered by the Finance Board” and “the Director” for “the Board” wherever appearing. Subsec. (b). Pub. L. 110289, § 1204(8), substituted “the Director” for “the Board”. 1999—Subsec. (a). Pub. L. 106102, § 606(d)(1), struck out “, but, except with the prior approval of the Board, no bank building shall be bought or erected to house any such bank, or leased by such bank under any lease for such purpose which has a term of more than ten years” after “convenient for the transaction of its business”, struck out “subject to the approval of the Board” after “necessary for the transaction of its business”, substituted “and, by the board of directors of the bank, to prescribe, amend, and repeal by-laws governing the manner in which its affairs may be administered, consistent with applicable laws and regulations, as administered by the Finance Board. No officer, employee, attorney, or agent of a Federal home loan bank” for “and, by its Board of directors, to prescribe, amend, and repeal bylaws, rules, and regulations governing the manner in which its affairs may be administered; and the powers granted to it by law may be exercised and enjoyed subject to the approval of the Board. The president of a Federal Home Loan Bank may also be a member of the Board of directors thereof, but no other officer, employee, attorney, or agent of such bank,”, and, in penultimate sentence, substituted “board of directors” for “Board of directors” after “may be a member of the”. Subsec. (b). Pub. L. 106102, § 606(d)(2), substituted “Federal home loan banks” for “Federal home loans banks”. 1989—Subsec. (a). Pub. L. 10173 substituted “Board” for “board” wherever appearing. 1970—Subsec. (b). Pub. L. 91609 extended authority to make housing project loans to acquisition, holding, and disposition of loans, or interest therein, having benefit of any guaranty under section 2181 or 2182 of title 22 or such sections as hereafter amended or extended, or of any commitment or agreement for any such guaranty. 1968—Pub. L. 90448 designated existing provisions as subsec. (a) and added subsec. (b). 1966—Pub. L. 89754 substituted “but, except with the prior approval of the board, no bank building shall be bought or erected to house any such bank, or leased by such bank under any lease” for “but no bank building shall be bought or erected to house any such bank, nor shall any such bank make any lease” in second sentence.
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# 12 U.S.C. § 1433 - Exemption from taxation; obligations acceptable as credit on debt of home owner
## Text
Any and all notes, debentures, bonds, and other such obligations issued by any bank, and consolidated Federal Home Loan Bank bonds and debentures, shall be exempt both as to principal and interest from all taxation (except surtaxes, estate, inheritance, and gift taxes) now or hereafter imposed by the United States, by any Territory, dependency, or possession thereof, or by any State, county, municipality, or local taxing authority. The bank, including its franchise, its capital, reserves, and surplus, its advances, and its income, shall be exempt from all taxation now or hereafter imposed by the United States, by any Territory, dependency, or possession thereof, or by any State, county, municipality, or local taxing authority; except that in 11 So in original. Word “in” probably should not appear. any real property of the bank shall be subject to State, Territorial, county, municipal, or local taxation to the same extent according to its value as other real property is taxed. The notes, debentures, and bonds issued by any bank, with unearned coupons attached, shall be accepted at par by such bank in payment of or as a credit against the obligation of any home-owner debtor of such bank.
(July 22, 1932, ch. 522, § 13, 47 Stat. 735; May 28, 1935, ch. 150, § 8, 49 Stat. 295.)
## Notes
Editorial Notes
Amendments1935—Act May 28, 1935, inserted “and consolidated Federal Home Loan Bank bonds and debentures” in first sentence.
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# 12 U.S.C. § 1434 - Depositaries of public money; financial agents
## Text
When designated for that purpose by the Secretary of the Treasury, each Federal Home Loan Bank shall be a depositary of public money, except receipts from customs, under such regulations as may be prescribed by said Secretary; and it may also be employed as a financial agent of the Government; and it shall perform all such reasonable duties as depositary of public money and financial agent of the Government as may be required of it.
(July 22, 1932, ch. 522, § 14, 47 Stat. 736.)
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# 12 U.S.C. § 1435 - Obligations as lawful investments; liability of United States for debentures, etc., issued by banks
## Text
Obligations of the Federal Home Loan Banks issued with the approval of the Board or the Director under this chapter shall be lawful investments, and may be accepted as security, for all fiduciary, trust, and public funds the investment or deposit of which shall be under the authority or control of the United States or any officer or officers thereof. The Federal reserve banks are authorized to act as depositaries, custodians, and/or fiscal agents for Federal Home Loan Banks in the general performance of their powers under this chapter. All obligations of Federal Home Loan Banks shall plainly state that such obligations are not obligations of the United States and are not guaranteed by the United States.
(July 22, 1932, ch. 522, § 15, 47 Stat. 736; Pub. L. 10173, title VII, § 701(b)(1), (3)(A), Aug. 9, 1989, 103 Stat. 412; Pub. L. 110289, div. A, title II, § 1204(7), July 30, 2008, 122 Stat. 2786.)
## Notes
Editorial Notes
Amendments2008—Pub. L. 110289 inserted “or the Director” after “the Board”. 1989—Pub. L. 10173 substituted “Board” for “board”.
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# 12 U.S.C. § 1436 - Reserves and dividends; emergency suspensions of requirements
## Text
(a) Accumulation and maintenance of reserves; payment of dividends Each Federal Home Loan Bank may carry to a reserve account from time-to-time such portion of its net earnings as may be determined by its board of directors. Each Federal Home Loan Bank shall establish such additional reserves and/or make such charge-offs on account of depreciation or impairment of its assets as the Director shall require from time to time. No dividends shall be paid except out of previously retained earnings or current net earnings remaining after reductions for all reserves, chargeoffs, purchases of capital certificates of the Financing Corporation, and payments relating to the Funding Corporation required under this chapter have been provided for, other than chargeoffs or expenses incurred by a Bank in connection with the purchase of capital stock of the Financing Corporation under section 1441 of this title or payments relating to the Funding Corporation Principal Fund under section 1441b(e) of this title. The reserves of each Federal Home Loan Bank shall be invested, subject to such regulations, restrictions, and limitations as may be prescribed by the Director, in direct obligations of the United States, in obligations, participations, or other instruments of or issued by the Federal National Mortgage Association or the Government National Mortgage Association, in mortgages, obligations, or other securities which are or ever have been sold by the Federal Home Loan Mortgage Corporation pursuant to section 1454 or section 1455 of this title, and in such securities as fiduciary and trust funds may be invested in under the laws of the State in which the Federal Home Loan Bank is located.
(b) Assistance to member institutions in event of severe financial conditions Notwithstanding subsection (a) or any other provision of this chapter, if the Director determines that severe financial conditions exist threatening the stability of member institutions, the Director may suspend temporarily the requirements of subsection (a) that a portion of net earnings be set aside semiannually by each Federal Home Loan Bank to a reserve account and permit each Federal Home Loan Bank to declare and pay dividends out of undivided profits.
(c) Exception in case of losses in connection with Financing Corporation stock (1) In general Notwithstanding subsection (a) of this section, if—
(A) a Federal Home Loan Bank incurs a chargeoff or an expense in connection with such banks investment in the stock of the Financing Corporation under section 1441 of this title;
(B) the Director determines there is an extraordinary need for the member institutions of the bank to receive dividends; and
(C) the bank has reduced all reserves (other than the reserve account required by the first 2 sentences of subsection (a)) to zero,
the Director may authorize such bank to declare and pay dividends out of undivided profits (as such term is defined in section 1441(d)(7) of this title) or the reserve account required by the first 2 sentences of subsection (a).
(2) Requirements of section 1441 of this title not affected Notwithstanding any payment of dividends by any Federal Home Loan Bank pursuant to an authorization by the Director under paragraph (1), the applicable provisions of section 1441 of this title shall continue to apply with respect to such bank, and to such banks investment in the Financing Corporation, in the same manner and to the same extent as if such payment had not been made.
(July 22, 1932, ch. 522, § 16, 47 Stat. 736; Aug. 2, 1954, ch. 649, title II, § 204(a), 68 Stat. 622; Pub. L. 88560, title VII, § 701(d)(2), Sept. 2, 1964, 78 Stat. 800; Pub. L. 90448, title VIII, § 807(l), Aug. 1, 1968, 82 Stat. 545; Pub. L. 93383, title VIII, § 805(c)(3), Aug. 22, 1974, 88 Stat. 727; Pub. L. 97320, title I, § 124, Oct. 15, 1982, 96 Stat. 1485; Pub. L. 10086, title III, § 306(a), Aug. 10, 1987, 101 Stat. 600; Pub. L. 10173, title VII, §§ 701(b)(1), (3)(A), 724(a), Aug. 9, 1989, 103 Stat. 412, 428; Pub. L. 106102, title VI, § 606(g), Nov. 12, 1999, 113 Stat. 1455; Pub. L. 110289, div. A, title II, § 1204(8), July 30, 2008, 122 Stat. 2786.)
## Notes
Editorial Notes
Amendments2008—Pub. L. 110289 substituted “the Director” for “the Board” wherever appearing. 1999—Subsec. (a). Pub. L. 106102, in third sentence substituted “previously retained earnings or current net earnings” for “net earnings” and struck out “, and then only with the approval of the Federal Housing Finance Board” after “section 1441b(e) of this title” and struck out fourth sentence which read as follows: “Beginning on January 1, 1992, the preceding sentence shall be applied by substituting previously retained earnings or current net earnings for net earnings.” 1989—Subsec. (a). Pub. L. 10173, § 724(a)(1), substituted “Each Federal Home Loan Bank may carry to a reserve account from time-to-time such portion of its net earnings as may be determined by its board of directors.” for “Each Federal Home Loan Bank shall carry to a reserve account semiannually 20 per centum of its net earnings until said reserve account shall show a credit balance equal to 100 per centum of the paid-in capital of such bank. After said reserve has reached 100 per centum of the paid-in capital of said bank, 5 per centum of its net earnings shall be added thereto semiannually. Whenever said reserve shall have been impaired below 100 per centum of the paid-in capital it shall be restored before any dividends are paid.” Pub. L. 10173, § 724(a)(2), substituted “No dividends shall be paid except out of net earnings remaining after reductions for all reserves, chargeoffs, purchases of capital certificates of the Financing Corporation, and payments relating to the Funding Corporation required under this chapter have been provided for, other than chargeoffs or expenses incurred by a Bank in connection with the purchase of capital stock of the Financing Corporation under section 1441 of this title or payments relating to the Funding Corporation Principal Fund under section 1441b(e) of this title, and then only with the approval of the Federal Housing Finance Board. Beginning on January 1, 1992, the preceding sentence shall be applied by substituting previously retained earnings or current net earnings for net earnings.” for “No dividends shall be paid except out of net earnings remaining after all reserves and charge-offs required under this chapter have been provided for, and then only with the approval of the board.” Pub. L. 10173, § 701(b)(1), (3)(A), substituted “Board” for “board” wherever appearing. 1987—Subsec. (c). Pub. L. 10086 added subsec. (c). 1982—Pub. L. 97320 designated existing provisions as subsec. (a) and added subsec. (b). 1974—Pub. L. 93383 inserted reference to mortgages, obligations, or other securities sold by the Federal Home Loan Mortgage Corporation pursuant to section 1454 or section 1455 of this title. 1968—Pub. L. 90448 authorized investments in obligations, participations, or other instruments issued by the Government National Mortgage Association. 1964—Pub. L. 88560 substituted “in obligations, participations, or other instruments of or issued by the Federal National Mortgage Association” for “in obligations of the Federal National Mortgage Association”. 1954—Act Aug. 2, 1954, inserted reference to obligations of Federal National Mortgage Association in last sentence.
Statutory Notes and Related Subsidiaries
Effective Date of 1989 AmendmentPub. L. 10173, title VII, § 724(b), Aug. 9, 1989, 103 Stat. 429, provided that: “The amendment made by subsection (a)(1) [amending this section] shall take effect on January 1, 1992.”
Effective Date of 1968 AmendmentFor effective date of amendment by title VIII of Pub. L. 90448, see section 808 of Pub. L. 90448, set out as an Effective Date note under section 1716b of this title.
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# 12 U.S.C. § 1438 - Omitted
## Notes
Editorial Notes
Codification Section, act July 22, 1932, ch. 522, § 18, 47 Stat. 737; Pub. L. 89754, title X, § 1016(b), Nov. 3, 1966, 80 Stat. 1293; Pub. L. 10173, title VII, §§ 701(b)(2), (b)(3)(B), 711, 712, Aug. 9, 1989, 103 Stat. 412, 419; Pub. L. 10466, title II, § 2191, Dec. 21, 1995, 109 Stat. 732; Pub. L. 106102, title VI, § 606(h), Nov. 12, 1999, 113 Stat. 1455; Pub. L. 108271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 110289, div. A, title II, § 1204(2), July 30, 2008, 122 Stat. 2786; Pub. L. 111203, title III, § 364(a), July 21, 2010, 124 Stat. 1555, was omitted in view of the repeal of subsecs. (a) to (c) which comprised this section. Subsec. (a), which related to authorization of appropriations for certain expenses of the Federal Home Loan Bank Board, was repealed by Pub. L. 10173, title VII, § 712, Aug. 9, 1989, 103 Stat. 419. Subsec. (b), which related to assessments for administrative expenses of the Federal Housing Finance Board, was repealed by Pub. L. 110289, div. A, title II, § 1204(2), July 30, 2008, 122 Stat. 2786. Subsec. (c), which related to acquisition of property by the Director of the Office of Thrift Supervision, was repealed by Pub. L. 111203, title III, § 364(a), July 21, 2010, 124 Stat. 1555.
Statutory Notes and Related Subsidiaries
Effective Date of 2010 AmendmentPub. L. 111203, title III, § 364(a), July 21, 2010, 124 Stat. 1555, provided that, effective 90 days after the transfer date, subsection (c) of this section is repealed. For definition of “transfer date”, see section 5301 of this title.
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# 12 U.S.C. § 1438a - Nonadministrative expenses; expenses of studies and investigations
## Text
On and after July 12, 1960, expenses of the Board in making studies or investigations specifically directed by law, or requested by the Congress or either House thereof or by a committee of either House, including services authorized by section 3109 of title 5, shall be considered as nonadministrative expenses.
(Pub. L. 86626, title II, § 201, July 12, 1960, 74 Stat. 441.)
## Notes
Editorial Notes
Codification “Section 3109 of title 5” substituted in text for “section 15 of the Act of August 2, 1946 (5 U.S.C. 55a)” on authority of section 7(b) of Pub. L. 89554, Sept. 6, 1966, 80 Stat. 631, section 1 of which enacted Title 5, Government Organization and Employees.
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# 12 U.S.C. § 1439a - Deposits in special fund; availability for all purposes of Federal Home Loan Bank Board and Federal Home Loan Bank Administration
## Text
All moneys and funds heretofore deposited in the Treasury of the United States under the last sentence of section 1439 11 See References in Text note below. of this title (including unexpended balances of moneys appropriated therefrom for administrative expenses), and hereafter all moneys and funds which would, except for this provision, be so depositable thereunder, shall be deposited with the Treasurer of the United States in a special deposit account and shall be available, retroactively as well as prospectively, for expenditure for all purposes of the Federal Home Loan Bank Board and the Federal Home Loan Bank Administration, subject to subsections (a) and (b) of section 712a of title 15.
(June 26, 1943, ch. 145, title I, § 101, 57 Stat. 186; 1947 Reorg. Plan No. 3, eff. July 27, 1947, 12 F.R. 4981, 61 Stat. 954; Aug. 11, 1955, ch. 783, title I, § 109(a)(3), 69 Stat. 640.)
## Notes
Editorial Notes
References in TextSection 1439 of this title, referred to in text, was repealed by Pub. L. 10173, title VII, § 708, Aug. 9, 1989, 103 Stat. 418.
Codification Section was enacted as part of the Independent Offices Appropriation Act, 1944, and not as part of the Federal Home Loan Bank Act which comprises this chapter.
Statutory Notes and Related Subsidiaries
Change of Name “Home Loan Bank Board” changed to “Federal Home Loan Bank Board” by act Aug. 11, 1955, ch. 783, § 109(a)(3), which was classified to section 1437(b) of this title prior to the repeal of section 1437 by Pub. L. 10173, title VII, § 703(a), Aug. 9, 1989, 103 Stat. 415. Previously, “Home Loan Bank Board” had been substituted for “Federal Home Loan Bank Board” by Reorg. Plan No. 3 of 1947.
Transfer of Functions Federal Home Loan Bank Board abolished and functions transferred, see sections 401 to 406 of Pub. L. 10173, set out as a note under section 1437 of this title.
Executive Documents
Transfer of Functions For transfer of functions to Secretary of the Treasury, see note set out under section 55 of this title.
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# 12 U.S.C. § 1440 - Examinations and audits
## Text
The Director shall from time to time, at least annually, require examinations and reports of condition of all Federal Home Loan Banks in such form as the Director shall prescribe and shall furnish periodically statements based upon the reports of the banks to the Director. For the purposes of this chapter, examiners appointed by the Director shall be subject to the same requirements, responsibilities, and penalties as are applicable to examiners under the National Bank Act [12 U.S.C. 21 et seq.] and the Federal Reserve Act [12 U.S.C. 221 et seq.], and shall have, in the exercise of functions under this chapter, the same powers and privileges as are vested in such examiners by law. In addition to such examinations, the Comptroller General may audit or examine the Director and the Banks, to determine the extent to which the Director and the Banks are fairly and effectively fulfilling the purposes of this chapter.
(July 22, 1932, ch. 522, § 20, 47 Stat. 738; June 27, 1950, ch. 369, § 10, 64 Stat. 259; Aug. 2, 1954, ch. 649, title VIII, § 802(f), 68 Stat. 643; Pub. L. 10173, title VII, §§ 701(b)(1), (3)(A), 702(b), Aug. 9, 1989, 103 Stat. 412, 415; Pub. L. 110289, div. A, title II, § 1204(8), (9), July 30, 2008, 122 Stat. 2786.)
## Notes
Editorial Notes
References in TextThe National Bank Act, referred to in text, is act June 3, 1864, ch. 106, 13 Stat. 99, which is classified principally to chapter 2 (§ 21 et seq.) of this title. For complete classification of this Act to the Code, see References in Text note set out under section 38 of this title. The Federal Reserve Act, referred to in text, is act Dec. 23, 1913, ch. 6, 38 Stat. 251, which is classified principally to chapter 3 (§ 221 et seq.) of this title. For complete classification of this Act to the Code, see References in Text note set out under section 226 of this title and Tables.
Amendments2008—Pub. L. 110289 substituted “The Director” for “The Board” and “the Director” for “the Board” wherever appearing. 1989—Pub. L. 10173, § 702(b), inserted provisions relating to audit or examination by the Comptroller General. Pub. L. 10173, § 701(b)(1), (3)(A), substituted “Board” for “board” wherever appearing. 1954—Act Aug. 2, 1954, struck out second sentence relating to annual report of the board to Congress. See section 1437(b) of this title. 1950—Act June 27, 1950, struck out “twice” before “annually”.
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# 12 U.S.C. § 1440a - Sharing of information among Federal Home Loan Banks
## Text
(a) Information on financial condition In order to enable each Federal Home Loan Bank to evaluate the financial condition of one or more of the other Federal Home Loan Banks individually and the Federal Home Loan Bank System (including any risks associated with the issuance or repayment of consolidated Federal Home Loan Bank bonds and debentures or other borrowings and the joint and several liabilities of the Banks incurred due to such borrowings), as well as to comply with any of its obligations under the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.), the Director shall make available to the Banks such reports, records, or other information as may be available, relating to the condition of any Federal Home Loan Bank.
(b) Sharing of information (1) In general The Director shall promulgate regulations to facilitate the sharing of information made available under subsection (a) directly among the Federal Home Loan Banks.
(2) Limitation Notwithstanding paragraph (1), a Federal Home Loan Bank responding to a request from another Bank or from the Director for information pursuant to this section may request that the Director determine that such information is proprietary and that the public interest requires that such information not be shared.
(c) Limitation Nothing in this section shall affect the obligations of any Federal Home Loan Bank under the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) or the regulations issued by the Securities and Exchange Commission thereunder.
(d) No waiver of privilege The Director shall not be deemed to have waived any privilege applicable to any information concerning a Federal Home Loan Bank by transferring, or permitting the transfer of, that information to any other Federal Home Loan Bank for the purposes set out in subsection (a).
(July 22, 1932, ch. 522, § 20A, as added Pub. L. 110289, div. A, title II, § 1207, July 30, 2008, 122 Stat. 2787.)
## Notes
Editorial Notes
References in TextThe Securities Exchange Act of 1934, referred to in subsecs. (a) and (c), is act June 6, 1934, ch. 404, 48 Stat. 881, which is classified principally to chapter 2B (§ 78a et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see section 78a of Title 15 and Tables.
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# 12 U.S.C. § 1441a1 - Definitions
## Text
For purposes of section 1441a2 of this title:
(1) State housing finance authority The term “State housing finance authority” means any public agency, authority, or corporation which—
(A) serves as an instrumentality of any State or any political subdivision of any State; and
(B) functions as a source of residential mortgage loan financing in that State.
(2) Nonprofit entity The term “nonprofit entity” means any not-for-profit corporation chartered under State law that is exempt from Federal taxation under section 501(c) of title 26 and no part of the net earnings of which inures to the benefit of any member, founder, contributor, or individual (including any nonprofit entity established by the corporation established under title IX of the Housing and Urban Development Act of 1968 [42 U.S.C. 3931 et seq.]).
(3) Mortgage-related assets The term “mortgage-related assets” means—
(A) residential mortgage loans secured by 1- to 4-family or multifamily dwellings; and
(B) real property improved with 1- to 4-family or multifamily residential dwellings,
which are located within the jurisdiction of the applicable State housing finance authority or within the geographical area served by the nonprofit entity.
(4) Net income The term “net income” means income after deduction of all associated expenses calculated in accordance with generally accepted accounting principles.
(Pub. L. 10173, title XIII, § 1301, Aug. 9, 1989, 103 Stat. 547.)
## Notes
Editorial Notes
References in TextThe Housing and Urban Development Act of 1968, referred to in par. (2), is Pub. L. 90448, Aug. 1, 1968, 82 Stat. 476. Title IX of the Housing and Urban Development Act of 1968 is classified principally to chapter 49 (§ 3931 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title of 1968 Amendment note set out under section 1701 of this title and Tables.
Codification Section was enacted as part of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, and not as part of the Federal Home Loan Bank Act which comprises this chapter.
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# 12 U.S.C. § 1441a2 - Authorization for State housing finance agencies and nonprofit entities to purchase mortgage-related assets
## Text
(a) Authorization Notwithstanding any other provision of Federal or State law, a State housing finance authority or nonprofit entity may purchase mortgage-related assets from the Resolution Trust Corporation or from financial institutions with respect to which the Federal Deposit Insurance Corporation is acting as a conservator or receiver (including assets associated with any trust business), and any contract for such purchase shall be effective in accordance with its terms without any further approval, assignment, or consent with respect to that contract.
(b) Investment requirement Any State housing finance authority or nonprofit entity which purchases mortgage-related assets pursuant to subsection (a) shall invest any net income attributable to the ownership of those assets in financing, refinancing, or rehabilitating low- and moderate-income housing within the jurisdiction of the State housing finance authority or within the geographical area served by the nonprofit entity.
(Pub. L. 10173, title XIII, § 1302, Aug. 9, 1989, 103 Stat. 548.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, and not as part of the Federal Home Loan Bank Act which comprises this chapter.
Statutory Notes and Related Subsidiaries
Definitions The definitions in section 1441a1 of this title apply to this section.
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# 12 U.S.C. § 1441a3 - RTC and FDIC properties
## Text
(a) Reports (1) Submission The Resolution Trust Corporation and the Federal Deposit Insurance Corporation shall each submit to the Congress for each year a report identifying and describing any property that is covered property of the corporation concerned as of September 30 of such year. The report shall be submitted on or before March 30 of the following year.
(2) Consultation In preparing the reports required under this subsection, each corporation concerned may consult with the Secretary of the Interior for purposes of identifying the properties described in paragraph (1).
(b) Limitation on transfer (1) Notice The Resolution Trust Corporation and the Federal Deposit Insurance Corporation may not sell or otherwise transfer any covered property unless the corporation concerned causes to be published in the Federal Register a notice of the availability of the property for purchase or other transfer that identifies the property and describes the location, characteristics, and size of the property.
(2) Expression of serious interest During the 90-day period beginning on the date that notice under paragraph (1) concerning a covered property is first published, any governmental agency or qualified organization may submit to the corporation concerned a written notice of serious interest for the purchase or other transfer of a particular covered property for which notice has been published. The notice of serious interest shall be in such form and include such information as the corporation concerned may prescribe.
(3) Prohibition of transfer During the period under paragraph (2), a corporation concerned may not sell or otherwise transfer any covered property for which notice has been published under paragraph (1). Upon the expiration of such period, the corporation concerned may sell or otherwise transfer any covered property for which notice under paragraph (1) has been published if a notice of serious interest under paragraph (2) concerning the property has not been timely submitted.
(4) Offers and permitted transfer If a notice of serious interest in a covered property is timely submitted pursuant to paragraph (2), the corporation concerned may not sell or otherwise transfer such covered property during the 90-day period beginning upon the expiration of the period under paragraph (2) except to a governmental agency or qualified organization for use primarily for wildlife refuge, sanctuary, open space, recreational, historical, cultural, or natural resource conservation purposes, unless all notices of serious interest under paragraph (2) have been withdrawn.
(c) Definitions For purposes of this section:
(1) Corporation concerned The term “corporation concerned” means—
(A) the Federal Deposit Insurance Corporation, with respect to matters relating to the Federal Deposit Insurance Corporation; and
(B) the Resolution Trust Corporation, with respect to matters relating to the Resolution Trust Corporation.
(2) Covered property The term “covered property” means any property—
(A) to which—
(i) the Resolution Trust Corporation has acquired title in its corporate or receivership capacity; or
(ii) the Federal Deposit Insurance Corporation has acquired title in its corporate capacity or which was acquired by the former Federal Savings and Loan Insurance Corporation in its corporate capacity; and
(B) that—
(i) is located within the John H. Chafee Coastal Barrier Resources System; or
(ii) is undeveloped, greater than 50 acres in size, and adjacent to or contiguous with any lands managed by a governmental agency primarily for wildlife refuge, sanctuary, open space, recreational, historical, cultural, or natural resource conservation purposes.
(3) Governmental agency The term “governmental agency” means any agency or entity of the Federal Government or a State or local government.
(4) Undeveloped The term “undeveloped” means—
(A) containing few manmade structures and having geomorphic and ecological processes that are not significantly impeded by any such structures or human activity; and
(B) having natural, cultural, recreational, or scientific value of special significance.
(Pub. L. 101591, § 10, Nov. 16, 1990, 104 Stat. 2939; Pub. L. 106167, § 3(c)(5), Dec. 9, 1999, 113 Stat. 1804.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Coastal Barrier Improvement Act of 1990, and not as part of the Federal Home Loan Bank Act which comprises this chapter.
Amendments1999—Subsec. (c)(2)(B)(i). Pub. L. 106167 substituted “John H. Chafee Coastal Barrier Resources System” for “Coastal Barrier Resources System”.
Statutory Notes and Related Subsidiaries
Termination of Reporting RequirementsFor termination, effective May 15, 2000, of provisions in subsec. (a)(1) of this section requiring submittal of an annual report to Congress, see section 3003 of Pub. L. 10466, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and pages 168 and 190 of House Document No. 1037.
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# 12 U.S.C. § 1441a - Repealed. Pub. L. 111203, title III, § 364(b), July 21, 2010, 124 Stat. 1555
## Notes
Section, act July 22, 1932, ch. 522, § 21A, as added Pub. L. 10173, title V, § 501(a), Aug. 9, 1989, 103 Stat. 363; amended Pub. L. 101625, title VIII, § 804(d), title IX, § 914(c), Nov. 28, 1990, 104 Stat. 4323, 4395; Pub. L. 101647, title XXV, §§ 2526(c), 2540, Nov. 29, 1990, 104 Stat. 4876, 4885; Pub. L. 10218, title I, §§ 101, 102(a), 103(a), 104, 105, title II, §§ 201, 202, title III, § 301, title IV, § 401, Mar. 23, 1991, 105 Stat. 58, 6063, 65; Pub. L. 102139, title V, § 523(a), Oct. 28, 1991, 105 Stat. 781; Pub. L. 102233, title I, §§ 101, 103, 105, 106(a)(e)(1), title II, § 201, title III, §§ 302(b), (c), 303312, 314, 316, title IV, §§ 401, 402(a), 403405, title V, § 501, title VI, §§ 601611, 613617, Dec. 12, 1991, 105 Stat. 17611765, 17671770, 17721774, 17761789; Pub. L. 102242, title I, § 141(a)(3), title II, § 251(c)(1), title IV, § 471, Dec. 19, 1991, 105 Stat. 2276, 2333, 2385; Pub. L. 102378, § 5(e), Oct. 2, 1992, 106 Stat. 1358; Pub. L. 102550, title V, §§ 503(c)(3), 509(i), title XVI, §§ 1611(a), (d)(1)(3), 1612, 1613(a)(1)(6), (8), (b)(h), 1614(a)(1)(5), (7), (b), 1615(a)(2), 1616, Oct. 28, 1992, 106 Stat. 3780, 3783, 40904096; Pub. L. 103204, §§ 23(b), 4(a), 5(a), (b)(2), 7, 12, 14(a)(1), (c)(2), (d)(1), (e)(1), (f)(1), 15(a), 16(a), 17(a), 21(b), 24, 27(a), 2931, 36, Dec. 17, 1993, 107 Stat. 23702380, 2382, 2383, 2390, 2391, 23952400, 2406, 2408, 24102413, 2415; Pub. L. 103211, title IV, § 406, Feb. 12, 1994, 108 Stat. 41; Pub. L. 103325, title VI, § 602(b), Sept. 23, 1994, 108 Stat. 2291; Pub. L. 103328, title II, § 201(b), Sept. 29, 1994, 108 Stat. 2368; Pub. L. 10466, title II, § 2231, Dec. 21, 1995, 109 Stat. 733; Pub. L. 104208, div. A, title II, § 2704(d)(11)(B)(D), Sept. 30, 1996, 110 Stat. 3009489; Pub. L. 105135, title VI, § 604(b), Dec. 2, 1997, 111 Stat. 2633; Pub. L. 106400, § 2, Oct. 30, 2000, 114 Stat. 1675; Pub. L. 108271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 109171, title II, § 2102(b), Feb. 8, 2006, 120 Stat. 9; Pub. L. 109173, § 9(d)(3)(6), Feb. 15, 2006, 119 Stat. 3616, 3617; Pub. L. 110289, div. A, title II, § 1204(8), (12), July 30, 2008, 122 Stat. 2786, related to establishment of Thrift Depositor Protection Oversight Board and Resolution Trust Corporation.
Statutory Notes and Related Subsidiaries
Change of Name Pub. L. 102233, title III, § 302(a), Dec. 12, 1991, 105 Stat. 1767, redesignated the Oversight Board, as established by former subsec. (a)(1) of this section, as the Thrift Depositor Protection Oversight Board.
Effective Date of RepealRepeal effective on the transfer date, see section 351 of Pub. L. 111203, set out as an Effective Date of 2010 Amendment note under section 906 of Title 2, The Congress.
Savings ProvisionPub. L. 102233, title III, § 317, Dec. 12, 1991, 105 Stat. 1773, provided that the rights and duties, actions and proceedings, and orders and regulations that had attached to the Oversight Board as of Feb. 1, 1992, would not be affected by title III of Pub. L. 102233 and that the Thrift Depositor Protection Oversight Board would assume the role of the Oversight Board where applicable.
Abolition of Thrift Depositor Protection Oversight Board Pub. L. 105216, § 14(a)(d), July 29, 1998, 112 Stat. 908910, abolished the Thrift Depositor Protection Oversight Board established under former section 1441a of this title, effective at the end of the 3-month period beginning July 29, 1998, provided that, effective July 29, 1998, the Chairperson of the Oversight Board (or the designee of the Chairperson) may exercise on behalf of the Oversight Board any power of the Oversight Board necessary to settle and conclude the affairs of the Oversight Board, included savings provisions, and transferred authority and duties of the Oversight Board under former section 1441a(a)(6)(I) and section 1441b of this title to the Secretary of the Treasury (or the designee of the Secretary).
FDICRTC Transition Task ForcePub. L. 103204, § 6, Dec. 17, 1993, 107 Stat. 2382, required the Federal Deposit Insurance Corporation (FDIC) and the Resolution Trust Corporation (RTC) to establish an interagency transition task force to facilitate the transfer of the assets, personnel, and operations of the RTC to the FDIC or the FSLIC Resolution Fund, as the case may be, in a coordinated manner; prescribed the composition, appointment, and duties of the task force; required the task force to submit certain reports to certain congressional committees; and required the FDIC to submit a follow up report to certain congressional committees.
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type: "LegalText"
title: "12 U.S.C. § 1441b"
description: "Resolution Funding Corporation established"
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corpus: "united_states_code"
kind: "code_section"
title_number: 12
title_name: "BANKS AND BANKING"
chapter_number: "11"
chapter_name: "FEDERAL HOME LOAN BANKS"
section: "1441b"
citation: "12 U.S.C. § 1441b"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
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---
# 12 U.S.C. § 1441b - Resolution Funding Corporation established
## Text
(a) Purpose The purpose of the Resolution Funding Corporation is to provide funds to the Resolution Trust Corporation to enable the Resolution Trust Corporation to carry out the provisions of this chapter.
(b) Establishment There is established a corporation to be known as the Resolution Funding Corporation.
(c) Management of Funding Corporation (1) Directorate The Funding Corporation shall be under the management of a Directorate composed of 3 members as follows:
(A) The director of the Office of Finance of the Federal Home Loan Banks (or the head of any successor office).
(B) 2 members selected by the Thrift Depositor Protection Oversight Board from among the presidents of the Federal Home Loan Banks.
(2) Terms Of the 2 members appointed under paragraph (1)(B), 1 shall be appointed for an initial term of 2 years and 1 shall be appointed for an initial term of 3 years. Thereafter, such members shall be appointed for a term of 3 years.
(3) Vacancy If any member leaves the office in which such member was serving when appointed to the Directorate—
(A) such members service on the Directorate shall terminate on the date such member leaves such office; and
(B) the successor to the office of such member shall serve the remainder of such members term.
(4) Equal representation of banks No president of a Federal Home Loan Bank may be appointed to serve an additional term on the Directorate until such time as the presidents of each of the other Federal Home Loan Banks have served as many terms as the president of such bank.
(5) Chairperson The Thrift Depositor Protection Oversight Board shall select the chairperson of the Directorate from among the 3 members of the Directorate.
(6) Staff (A) No paid employees The Funding Corporation shall have no paid employees.
(B) Powers The Directorate may, with the approval of the Director authorize the officers, employees, or agents of the Federal Home Loan Banks to act for and on behalf of the Funding Corporation in such manner as may be necessary to carry out the functions of the Funding Corporation.
(7) Administrative expenses (A) In general All administrative expenses of the Funding Corporation, including custodian fees, shall be paid by the Federal Home Loan Banks.
(B) Pro rata distribution The amount each Federal Home Loan Bank shall pay under subparagraph (A) shall be determined by the Thrift Depositor Protection Oversight Board by multiplying the total administrative expenses for any period by the percentage arrived at by dividing—
(i) the aggregate amount the Thrift Depositor Protection Oversight Board required such bank to invest in the Funding Corporation (as of the time of such determination) under paragraphs (4) and (5) of subsection (e) (computed without regard to paragraphs (3) or (6) of such subsection); by
(ii) the aggregate amount the Thrift Depositor Protection Oversight Board required all Federal Home Loan Banks to invest (as of the time of such determination) under such paragraphs.
(8) Regulation by Thrift Depositor Protection Oversight Board The Directorate of the Funding Corporation shall be subject to such regulations, orders, and directions as the Thrift Depositor Protection Oversight Board may prescribe.
(9) No compensation from Funding Corporation Members of the Directorate of the Funding Corporation shall receive no pay, allowance, or benefit from the Funding Corporation for serving on the Directorate.
(d) Powers of Funding Corporation The Funding Corporation shall have only the powers described in paragraphs (1) through (9), subject to the other provisions of this section and such regulations, orders, and directions as the Thrift Depositor Protection Oversight Board may prescribe:
(1) Issue stock To issue nonvoting capital stock to the Federal Home Loan Banks.
(2) Purchase capital stock; transfer amounts To purchase capital certificates issued by the Resolution Trust Corporation under section 1441a of this title, and to transfer amounts to the Resolution Trust Corporation pursuant to subsection (e)(8) of this section.
(3) Issue obligations To issue debentures, bonds, or other obligations, and to borrow, to give security for any amount borrowed, and to pay interest on (and any redemption premium with respect to) any such obligation or amount.
(4) Impose assessments To impose assessments in accordance with subsection (e)(7).
(5) Corporate seal To adopt, alter, and use a corporate seal.
(6) Succession To have succession until dissolved.
(7) Contracts To enter into contracts.
(8) Authority to sue To sue and be sued in its corporate capacity, and to complain and defend in any action brought by or against the Funding Corporation in any State or Federal court of competent jurisdiction.
(9) Incidental powers To exercise such incidental powers not inconsistent with the provisions of this section and section 1441a of this title as are necessary and appropriate to carry out the provisions of this section.
(e) Capitalization of Funding Corporation, etc. (1) In general (A) Amount required The Thrift Depositor Protection Oversight Board shall ensure that the aggregate of the amounts obtained under this subsection shall be sufficient so that—
(i) the Funding Corporation may transfer the amounts required under paragraph (8); and
(ii) the total of the face amounts (the amount of principal payable at maturity) of noninterest bearing instruments in the Funding Corporation Principal Fund are equal to the aggregate amount of principal on the obligations of the Funding Corporation.
(B) Purchases of stock by Federal Home Loan Banks Each Federal Home Loan Bank shall purchase stock in the Funding Corporation at times and in amounts prescribed by the Thrift Depositor Protection Oversight Board.
(2) Par value; transferability Each share of stock issued by the Funding Corporation to a Federal Home Loan Bank shall have a par value in an amount determined by the Thrift Depositor Protection Oversight Board and shall be transferable at not less than par value only among the Federal Home Loan Banks in the manner and to the extent prescribed by the Thrift Depositor Protection Oversight Board.
(3) Maximum investment amount limitation for each Federal Home Loan Bank The cumulative amount of funds invested in nonvoting capital stock of the Funding Corporation by each Federal Home Loan Bank under paragraph (1) shall not at any time exceed the sum of the amounts calculated under subparagraphs (A) and (B), as adjusted in subparagraph (C), as follows:
(A) Reserves and undivided profits on December 31, 1988 The sum on December 31, 1988, of—
(i) the reserves maintained by such Bank pursuant to the reserve requirement contained in the first 2 sentences of section 1436 of this title (as in effect on December 31, 1988); and
(ii) the undivided profits of such Bank, minus the amounts invested in the capital stock of the Financing Corporation pursuant to section 1441 of this title.
(B) Subsequent additions to reserves and un­divided profits The amount, calculated until the date on which the Funding Corporation Principal Fund is fully funded, equal to—
(i) the sum of—
(I) the amounts added to reserves by such Bank after December 31, 1988, pursuant to the reserve requirement contained in the first 2 sentences of section 1436 of this title (as in effect on December 31, 1988); and
(II) the quarterly additions to undivided profits of the Bank after December 31, 1988; minus
(ii) the amounts invested by such Bank in the capital stock of the Financing Corporation after December 31, 1988, pursuant to the requirement contained in section 1441 of this title.
(C) Annual adjustment The amounts in subparagraph (B) shall be adjusted as follows:
(i) Increase in limit If the aggregate amount for all Federal Home Loan Banks determined under subparagraph (B)(i) is less than $300,000,000 per year, the limit for each Bank shall be increased by an amount determined by the Thrift Depositor Protection Oversight Board by multiplying the aggregate deficiency by the percentage applicable to such Bank arrived at in the manner described in paragraph (5).
(ii) Decrease in limit If the aggregate amount for all Federal Home Loan Banks determined under subparagraph (B)(i) is more than $300,000,000 per year, the limit for each Bank shall be decreased by an amount determined by the Thrift Depositor Protection Oversight Board by multiplying the aggregate excess by the percentage applicable to such Bank arrived at in the manner described in paragraph (5).
(4) Pro rata distribution of first $1,000,000,000 invested in Funding Corporation by Federal Home Loan Banks Of the first $1,000,000,000 of the aggregate that the Director (pursuant to section 1441 of this title) or the Thrift Depositor Protection Oversight Board (under this section) may require the Federal Home Loan Banks collectively to invest in the capital stock of the Financing Corporation or invest in the capital stock of the Funding Corporation, respectively, the amount which each Federal Home Loan Bank (or any successor to the Bank) shall invest shall be determined by the Director or the Thrift Depositor Protection Oversight Board (as the case may be) by multiplying the aggregate amount of such investment by all Banks by the percentage appearing in the following table for each such Bank: BankPercentage Federal Home Loan Bank of Boston1.8629 Federal Home Loan Bank of New York9.1006 Federal Home Loan Bank of Pittsburgh4.2702 Federal Home Loan Bank of Atlanta14.4007 Federal Home Loan Bank of Cincinnati8.2653 Federal Home Loan Bank of Indianapolis5.2863 Federal Home Loan Bank of Chicago9.6886 Federal Home Loan Bank of Des Moines6.9301 Federal Home Loan Bank of Dallas8.8181 Federal Home Loan Bank of Topeka5.2706 Federal Home Loan Bank of San Francisco19.9644 Federal Home Loan Bank of Seattle6.1422
(5) Pro rata distribution of amounts required to be invested in excess of $1,000,000,000 Of any amount which the Thrift Depositor Protection Oversight Board may require the Federal Home Loan Banks to invest in capital stock of the Funding Corporation under this subsection in excess of the $1,000,000,000 amount referred to in paragraph (4), the amount which each Federal Home Loan Bank (or any successor to such Bank) shall invest shall be determined by the Thrift Depositor Protection Oversight Board by multiplying the excess amount by the percentage arrived at by dividing—
(A) the sum of the total assets (as of the most recent December 31) held by all Savings Association Insurance Fund members as of the date of funding which are members of such Bank; by
(B) the sum of the total assets (as of such date) held by all Savings Association Insurance Fund members as of the date of funding which are members of a Federal Home Loan Bank.
(6) Special provisions relating to maximum amount limitations (A) In general If the amount of any Federal Home Loan Banks allocation under paragraph (5) exceeds the maximum amount applicable with respect to such Bank (in this paragraph referred to as a “deficient Bank”) under paragraph (3) at the time of such determination (in this paragraph referred to as the “excess amount”)—
(i) the Thrift Depositor Protection Oversight Board shall require each Federal Home Loan Bank that is not allocated an amount under paragraph (5) that exceeds its maximum under paragraph (3) (in this paragraph referred to as a “remaining Bank”) to purchase stock in the Funding Corporation (in addition to the amount determined under paragraph (5) for such remaining Bank and subject to the maximum amount applicable with respect to such remaining Bank under paragraph (3) at the time of such determination) on behalf of the deficient Bank the amount determined under subparagraph (B);
(ii) the Thrift Depositor Protection Oversight Board shall require the deficient Bank to subsequently reimburse the remaining Banks out of its net earnings (or reimbursements received from other Banks) in the manner described in subparagraphs (C) and (D); and
(iii) the requirements contained in subparagraph (D) relating to the use of net earnings shall apply to the deficient Bank until such Bank has reimbursed the remaining Banks for all of the excess amount.
(B) Allocation of excess amount among remaining Federal Home Loan Banks (i) In general The amount of stock each remaining Federal Home Loan Bank shall be required to purchase under subparagraph (A)(i) is the amount determined by the Thrift Depositor Protection Oversight Board by multiplying the excess amount by the percentage arrived at by dividing—
(I) the cumulative amount of stock in the Funding Corporation purchased under this subsection by such remaining Bank at the time of such determination; by
(II) the aggregate of the cumulative amounts invested under this subsection by all remaining Banks at such time.
(ii) Reallocation If the allocation under this subparagraph results in a remaining Bank exceeding its maximum amount under paragraph (3), such excess amount shall be reallocated to the other remaining Bank in accordance with this subparagraph.
(C) Reimbursement procedure (i) In general A Bank on whose behalf stock is purchased under subparagraph (A)(i) shall make payments annually from amounts, if any, in its reserve account (as described in subparagraph (D)) to each Bank that made payments on its behalf until a full reimbursement has been completed. A full reimbursement shall require repayment of the excess amounts invested by other Banks plus interest which shall accrue at a rate equal to the annual average cost of funds in the most recent year to all Federal Home Loan Banks and which shall begin to accrue 2 years after the investments under subparagraph (A)(i) are made.
(ii) Determination of amounts The Thrift Depositor Protection Oversight Board shall annually determine the dollar amounts of such reimbursements by distributing the amount available for such reimbursements (at the time of such determination) from the reimbursing Bank to the Banks that made purchases on its behalf according to the shares of the reimbursing Banks excess amount that the other Banks invested.
(D) Transfer to account for reimbursements required (i) In general Of the net earnings for any year of a Bank on whose behalf a purchase is made under subparagraph (A)(i) and any reimbursements received from other Banks, the amount necessary to make the reimbursements required under subparagraph (A)(ii) shall be placed in a reserve account (established in the manner prescribed by the Thrift Depositor Protection Oversight Board), which shall be available only for such reimbursements.
(ii) Limitation The total amount placed in such reserve account in any year by any Bank shall not exceed an amount equal to 20 percent of the net earnings of such Bank for such year.
(f) Obligations of Funding Corporation (1) Issuance The Funding Corporation may issue bonds, notes, debentures, and similar obligations in an aggregate amount not to exceed $30,000,000,000. No obligation may be issued under this paragraph unless, at the time of issuance, the face amounts (the amount of principal payable at maturity) of noninterest bearing instruments in the Funding Corporation Principal Fund are equal to the aggregate amount of principal on the obligations of the Funding Corporation that will be outstanding following such issuance.
(2) Interest payments The Funding Corporation shall pay the interest due on such obligations from funds obtained for such interest payments from the following sources:
(A) Earnings on certain assets Earnings on assets of the Funding Corporation which are not invested in the Funding Corporation Principal Fund shall be used for interest payments on outstanding debt of the Funding Corporation.
(B) Proceeds from Resolution Trust Corporation To the extent the amounts available pursuant to subparagraph (A) are insufficient to cover the amount of interest payments, the Resolution Trust Corporation shall pay to the Funding Corporation—
(i) the liquidating dividends and payments made on claims received by the Resolution Trust Corporation from receiverships to the extent such proceeds are determined by the Thrift Depositor Protection Oversight Board to be in excess of funds presently necessary for resolution costs; and
(ii) any proceeds from warrants and participations acquired by the Resolution Trust Corporation.
(C) Payments by Federal home loan banks (i) In general To the extent that the amounts available pursuant to subparagraphs (A) and (B) are insufficient to cover the amount of interest payments, each Federal home loan bank shall pay to the Funding Corporation in each calendar year, 20.0 percent of the net earnings of that Bank (after deducting expenses relating to section 1430(j) of this title and operating expenses).
(ii) Annual determination The Director annually shall determine the extent to which the value of the aggregate amounts paid by the Federal home loan banks exceeds or falls short of the value of an annuity of $300,000,000 per year that commences on the issuance date and ends on the final scheduled maturity date of the obligations, and shall select appropriate present value factors for making such determinations, in consultation with the Secretary of the Treasury.
(iii) Payment term alterations The Director shall extend or shorten the term of the payment obligations of a Federal home loan bank under this subparagraph as necessary to ensure that the value of all payments made by the Banks is equivalent to the value of an annuity referred to in clause (ii).
(iv) Term beyond maturity If the Director extends the term of payment obligations beyond the final scheduled maturity date for the obligations, each Federal home loan bank shall continue to pay 20.0 percent of its net earnings (after deducting expenses relating to section 1430(j) of this title and operating expenses) to the Treasury of the United States until the value of all such payments by the Federal home loan banks is equivalent to the value of an annuity referred to in clause (ii). In the final year in which the Federal home loan banks are required to make any payment to the Treasury under this subparagraph, if the dollar amount represented by 20.0 percent of the net earnings of the Federal home loan banks exceeds the remaining obligation of the Banks to the Treasury, the Director shall reduce the percentage pro rata to a level sufficient to pay the remaining obligation.
(v) Semiannual reports The Director shall report semiannually to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives on the projected date for the completion of contributions required by this section.
(D) Proceeds from sale of assets To the extent the amounts available pursuant to subparagraphs (A), (B), and (C) are insufficient to cover the amount of interest payments, the FSLIC Resolution Fund shall transfer to the Funding Corporation any net proceeds from the sale of assets received from the Resolution Trust Corporation, which shall be used by the Funding Corporation to pay such interest.
(E) Treasury backup (i) In general To the extent the amounts available pursuant to subparagraphs (A), (B), (C), and (D) are insufficient to cover the amount of interest payments, the Secretary of the Treasury shall pay to the Funding Corporation the additional amount due, which shall be used by the Funding Corporation to pay such interest.
(ii) Liability of Funding Corporation In each instance where the Secretary is required to make a payment under this subparagraph to the Funding Corporation, the amount of the payment shall become a liability of the Funding Corporation to be repaid to the Secretary upon dissolution of the Funding Corporation (to the extent the Funding Corporation may have any remaining assets).
(iii) Appropriation of funds There are hereby appropriated to the Secretary, for fiscal year 1989 and each fiscal year thereafter, such sums as may be necessary to carry out clause (i).
(3) Principal payments On maturity of an obligation issued under this subsection, the obligation shall be repaid by the Funding Corporation from the liquidation of noninterest bearing instruments held in the Funding Corporation Principal Fund.
(4) Proceeds to be transferred to Resolution Trust Corporation Subject to terms and conditions approved by the Thrift Depositor Protection Oversight Board, the proceeds (less any discount, plus any premium, net of issuance costs) of any obligation issued by the Funding Corporation shall be used to—
(A) purchase the capital certificates issued by the Resolution Trust Corporation under section 1441a of this title; or
(B) refund any previously issued obligation the proceeds of which were transferred in the manner described in subparagraph (A).
(5) Investment of United States funds in obligations Obligations issued under this section by the Funding Corporation, at the direction of the Thrift Depositor Protection Oversight Board shall be lawful investments, and may be accepted as security, for all fiduciary, trust, and public funds the investment or deposit of which shall be under the authority or control of the United States or any officer of the United States.
(6) Market for obligations All persons having the power to invest in, sell, underwrite, purchase for their own accounts, accept as security, or otherwise deal in obligations of the Federal Home Loan Banks shall also have the power to do so with respect to obligations of the Funding Corporation.
(7) Tax exempt status (A) In general Except as provided in subparagraph (B), obligations of the Funding Corporation shall be exempt from tax both as to principal and interest to the same extent as any obligation of a Federal Home Loan Bank is exempt from tax under section 1433 of this title.
(B) Exception The Funding Corporation, like the Federal Home Loan Banks, shall be treated as an agency of the United States for purposes of the first sentence of section 3124(b) of title 31 (relating to determination of tax status of interest on obligations).
(8) Obligations not exempt securities (A) In general For purposes of the laws administered by the Securities and Exchange Commission, obligations of the Funding Corporation—
(i) shall not be considered to be securities issued or guaranteed by a person controlled or supervised by, or acting as an instrumentality of, the Government of the United States; and
(ii) shall not be considered to be “exempted securities” within the meaning of section 78c(a)(12)(A)(i) of title 15, except that such obligations shall be considered to be exempted securities for purposes of section 78o of title 15.
(B) Authority of Commission Notwithstanding subparagraph (A), the Securities and Exchange Commission may, by rule or order, consistent with the public interest and the protection of investors, exempt securities issued by the Funding Corporation from the registration requirements of the Securities Act of 1933 [15 U.S.C. 77a et seq.], subject to such terms and conditions as the Commission may prescribe.
(9) Minority participation in public or negotiated offerings The Thrift Depositor Protection Oversight Board and the Directorate shall ensure that minority owned or controlled commercial banks, investment banking firms, underwriters, and bond counsels throughout the United States have an opportunity to participate to a significant degree in any public or negotiated offering of obligations issued under this section.
(10) No full faith and credit of the United States Obligations of the Funding Corporation shall not be obligations of, or guaranteed as to principal by, the Federal Home Loan Bank System, the Federal Home Loan Banks, the United States, or the Resolution Trust Corporation and the obligations shall so plainly state. The Secretary shall pay interest on such obligations as required pursuant to this subsection.
(g) Use and disposition of assets of Funding Corporation not transferred to Resolution Trust Corporation (1) In general Subject to regulations, restrictions, and limitations prescribed by the Thrift Depositor Protection Oversight Board, assets of the Funding Corporation which are not required to be invested in capital certificates issued by the Resolution Trust Corporation under section 1441a of this title and are not needed for current interest payments shall be invested in direct obligations of the United States issued by the Secretary.
(2) Separate account for zero coupon instruments held to ensure payment of principal Except as provided in subsection (e)(8), the Funding Corporation shall invest amounts received pursuant to subsection (e) in, and hold in a separate account to be known as the Funding Corporation Principal Fund, noninterest bearing instruments—
(A) which are direct obligations of the United States issued by the Secretary; and
(B) the total of the face amounts (the amount of principal payable at maturity) of which is approximately equal to the aggregate amount of principal on the obligations of the Funding Corporation.
(h) Miscellaneous provisions (1) Treatment for certain purposes Except as provided in subsection (f)(7)(B), the Funding Corporation shall be treated as a Federal Home Loan Bank for purposes of section 1433 of this title (to the extent such section relates to State, municipal, and local taxation) and section 1443 of this title.
(2) Federal Reserve banks as depositaries and fiscal agents The Federal Reserve banks are authorized to act as depositaries for or fiscal agents or custodians of the Funding Corporation.
(3) Applicability of certain provisions relating to Government corporations The Funding Corporation shall be treated, for purposes of sections 9105,11 See References in Text note below. 9107, and 9108 of title 31, as a mixed-ownership Government corporation which has capital of the Government.
(4) Jurisdiction and power to remove (A) Federal court jurisdiction Notwithstanding any other provision of law, any civil action, suit, or proceeding to which the Funding Corporation is a party shall be deemed to arise under the laws of the United States, and the United States district courts shall have original jurisdiction over such action, suit, or proceeding.
(B) Removal The Funding Corporation may, without bond or security, remove any such action, suit, or proceeding from a State court to the United States District Court for the District of Columbia.
(i) Annual report (1) In general The Thrift Depositor Protection Oversight Board shall annually submit a full report of the operations, activities, budget, receipts, and expenditures of the Funding Corporation for the preceding 12-month period.
(2) Contents The report required under paragraph (1) shall include—
(A) audited statements and any information necessary to make known the financial condition and operations of the Funding Corporation in accordance with generally accepted accounting principles;
(B) the financial operating plans and forecasts (including estimates of actual and future spending, and estimates of actual and future cash obligations) of the Funding Corporation taking into account its financial commitments, guarantees, and other contingent liabilities; and
(C) the results of the annual audit of the financial transactions of the Funding Corporation conducted by the Comptroller General pursuant to section 9105(a) of title 31.
(3) Submission to Congress and President The Thrift Depositor Protection Oversight Board shall submit each annual report required under this subsection to the Congress and the President as soon as practicable after the end of the calendar year for which the report is made, but not later than June 30 of the year following such calendar year.
(j) Termination of Funding Corporation (1) In general The Funding Corporation shall be dissolved, as soon as practicable, after the maturity and full payment of all obligations issued by the Funding Corporation under this section.
(2) Authority of Thrift Depositor Protection Oversight Board to conclude affairs of Funding Corporation Effective on the date of the dissolution of the Funding Corporation under paragraph (1), the Thrift Depositor Protection Oversight Board may exercise on behalf of the Funding Corporation any power of the Funding Corporation which the Thrift Depositor Protection Oversight Board determines to be necessary to settle and conclude the affairs of the Funding Corporation.
(k) Definitions For purposes of this section, the following definitions shall apply:
(1) Administrative expenses The term “administrative expenses” does not include—
(A) any interest on, or any redemption premium with respect to, any obligation of the Funding Corporation; or
(B) issuance costs.
(2) Custodian fee The term “custodian fee” means—
(A) any fee incurred by the Funding Corporation in connection with the transfer of any security to, or the maintenance of any security in, the segregated account established under subsection (g); and
(B) any other expense incurred by the Funding Corporation in connection with the establishment or maintenance of such account.
(3) Funding Corporation The term “Funding Corporation” means the Resolution Funding Corporation established in subsection (b).
(4) Funding Corporation Principal Fund The term “Funding Corporation Principal Fund” means the separate account established under subsection (g)(2).
(5) Issuance costs The term “issuance costs”—
(A) means issuance fees and commissions incurred by the Funding Corporation in connection with the issuance or servicing of any obligation of the Funding Corporation; and
(B) includes legal and accounting expenses, trustee and fiscal and paying agent charges, costs incurred in connection with preparing and printing offering materials, and advertising expenses, to the extent that any such cost or expense is incurred by the Funding Corporation in connection with issuing any obligation.
(6) Net earnings The term “net earnings” means net earnings without reduction for chargeoffs or expenses incurred by a Federal Home Loan Bank for the purchase of capital stock of the Financing Corporation or payments relating to the Funding Corporation required by the Thrift Depositor Protection Oversight Board under subsections (e) and (f).
(7) Thrift Depositor Protection Oversight Board The term “Thrift Depositor Protection Oversight Board” means—
(A) the Thrift Depositor Protection Oversight Board of the Resolution Trust Corporation under section 1441a of this title; and
(B) after the termination of the Resolution Trust Corporation—
(i) the Secretary of the Treasury;
(ii) the Chairman of the Board 22 See 2008 Amendment note below. of Governors of the Federal Reserve System; and
(iii) the Secretary of Housing and Urban Development.
(8) Secretary The term “Secretary” means the Secretary of the Treasury.
(9) Undivided profits The term “undivided profits” means earnings retained after dividends have been paid minus the sum of—
(A) that portion required to be added to reserves maintained pursuant to the first 2 sentences of section 1436 of this title; and
(B) the dollar amounts held by the respective Federal Home Loan Banks in special dividend stabilization reserves on December 31, 1985, as determined by the table set forth in section 1441(d)(7) of this title.
(l) Regulations The Thrift Depositor Protection Oversight Board may prescribe any regulations necessary to carry out this section.
(July 22, 1932, ch. 522, § 21B, as added Pub. L. 10173, title V, § 511(a), Aug. 9, 1989, 103 Stat. 394; amended Pub. L. 102233, title III, § 302(b), Dec. 12, 1991, 105 Stat. 1767; Pub. L. 102550, title XVI, § 1613(a)(7), (9), Oct. 28, 1992, 106 Stat. 4092; Pub. L. 104208, div. A, title II, § 2704(d)(5), (11)(E), (F), Sept. 30, 1996, 110 Stat. 3009488, 3009489; Pub. L. 106102, title VI, § 607(a), Nov. 12, 1999, 113 Stat. 1455; Pub. L. 109171, title II, § 2102(b), Feb. 8, 2006, 120 Stat. 9; Pub. L. 109173, § 9(d)(7), (8), Feb. 15, 2006, 119 Stat. 3617; Pub. L. 110289, div. A, title II, §§ 1204(8)(10), (12), 1213, July 30, 2008, 122 Stat. 2786, 2791.)
## Notes
Editorial Notes
References in TextThe Securities Act of 1933, referred to in subsec. (f)(8)(B), is act May 27, 1933, ch. 38, title I, 48 Stat. 74, which is classified generally to subchapter I (§ 77a et seq.) of chapter 2A of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see section 77a of Title 15 and Tables. Section 9105 of title 31, referred to in subsec. (h)(3), was amended generally by Pub. L. 101576, title III, § 305, Nov. 15, 1990, 104 Stat. 2853, and, as so amended, no longer contains provisions relating to mixed-ownership Government corporations having capital of the Government.
Amendments2008—Subsecs. (c)(6)(B), (e)(4). Pub. L. 110289, § 1204(12), substituted “Director” for “Federal Housing Finance Board” wherever appearing. Subsec. (f)(2)(C)(ii) to (iv). Pub. L. 110289, § 1204(8)(10), substituted, in cls. (ii) and (iii), “The Director” for “The Board” and, in cl. (iv), “the Director” for “the Board” before “extends” and “the Director” for “the Finance Board” before “shall reduce”. Subsec. (f)(2)(C)(v). Pub. L. 110289, § 1213, added cl. (v). Subsec. (k)(7)(B)(ii). Pub. L. 110289, § 1204(8), which directed amendment of the Federal Home Loan Bank Act (this chapter) by substituting “the Director” for “the Board” wherever appearing, was not executed to subsec. (k)(7)(B)(ii), to reflect the probable intent of Congress. 2006—Subsec. (e). Pub. L. 109171 repealed Pub. L. 104208, § 2704(d)(11)(E). See 1996 Amendment note below. Subsec. (e)(5). Pub. L. 109173, § 9(d)(7)(A), inserted “as of the date of funding” after “Savings Association Insurance Fund members” in subpars. (A) and (B). Subsec. (e)(7), (8). Pub. L. 109173, § 9(d)(7)(B), struck out pars. (7) and (8) which related to additional sources to fund the Funding Corporation Principal Fund and a transfer of funds to the Resolution Trust Corporation in fiscal year 1989, respectively. Subsec. (f)(2)(C)(ii)(I), (II). Pub. L. 109171 repealed Pub. L. 104208, § 2704(d)(5). See 1996 Amendment note below. Subsec. (k). Pub. L. 109173, § 9(d)(8)(A), in introductory provisions, inserted before colon “, the following definitions shall apply”. Subsec. (k)(8) to (10). Pub. L. 109173, § 9(d)(8)(B), (C), redesignated pars. (9) and (10) as (8) and (9), respectively, and struck out heading and text of former par. (8). Text read as follows: “The term Savings Association Insurance Fund member means a Savings Association Insurance member as such term is defined by section 1817(l) of this title.” Pub. L. 109171 repealed Pub. L. 104208, § 2704(d)(11)(F). See 1996 Amendment note below. 1999—Subsec. (f)(2)(C). Pub. L. 106102 amended subpar. (C) generally, substituting present provisions for provisions requiring Federal Home Loan Banks to pay to the Funding Corporation each calendar year an amount sufficient to cover amount of interest payments made by the Corporation in that year, and provisions relating to determination of each Banks individual share of such annual amount. 1996—Subsec. (e). Pub. L. 104208, § 2704(d)(11)(E), which directed the amendment of subsec. (e) by inserting, in par. (5), “as of the date of funding” after “Savings Association Insurance Fund members” in two places and by striking par. (7) and redesignating par. (8) as (7), was repealed by Pub. L. 109171. See Effective Date of 1996 Amendment note below and 2006 Amendment note above. Subsec. (f)(2)(C)(ii)(I), (II). Pub. L. 104208, § 2704(d)(5), which directed the amendment of subcls. (I) and (II) by substituting “to insured depository institutions, and their successors, which were Savings Association Insurance Fund members on September 1, 1995” for “to Savings Associations Insurance Fund members”, was repealed by Pub. L. 109171. See Effective Date of 1996 Amendment note below. Subsec. (k)(8) to (10). Pub. L. 104208, § 2704(d)(11)(F), which directed the amendment of subsec. (k) by striking par. (8) and redesignating pars. (9) and (10) as (8) and (9), respectively, was repealed by Pub. L. 109171. See Effective Date of 1996 Amendment note below and 2006 Amendment note above. 1992—Subsecs. (c)(8), (j)(2). Pub. L. 102550, § 1613(a)(7), inserted “Thrift Depositor Protection” before “Oversight” in headings. Subsec. (k)(7). Pub. L. 102550, § 1613(a)(9), substituted “Thrift Depositor Protection Oversight” for “Oversight” in heading. 1991—Pub. L. 102233 substituted “Thrift Depositor Protection Oversight Board” for “Oversight Board” wherever appearing in text.
Statutory Notes and Related Subsidiaries
Effective Date of 2006 AmendmentAmendment by Pub. L. 109173 effective Mar. 31, 2006, see section 9(j) of Pub. L. 109173, set out as a note under section 24 of this title. Amendment by Pub. L. 109171 effective no later than the first day of the first calendar quarter that begins after the end of the 90-day period beginning Feb. 8, 2006, see section 2102(c) of Pub. L. 109171, set out as a Merger of BIF and SAIF note under section 1821 of this title.
Effective Date of 1999 AmendmentPub. L. 106102, title VI, § 607(b), Nov. 12, 1999, 113 Stat. 1456, provided that: “The amendment made by subsection (a) [amending this section] shall become effective on January 1, 2000. Payments made by a Federal home loan bank before that effective date shall be counted toward the total obligation of that Bank under section 21B(f)(2)(C) of the Federal Home Loan Bank Act [12 U.S.C. 1441b(f)(2)(C)], as amended by this section.”
Effective Date of 1996 AmendmentAmendment by Pub. L. 104208 effective Jan. 1, 1999, if no insured depository institution is a savings association on that date, see section 2704(c) of Pub. L. 104208, formerly set out as a note under section 1821 of this title.
Effective Date of 1992 AmendmentAmendment by Pub. L. 102550 effective as if included in the Resolution Trust Corporation Refinancing, Restructuring, and Improvement Act of 1991, Pub. L. 102233, as of Dec. 12, 1991, see section 1618 of Pub. L. 102550, set out as a note under section 1441 of this title.
Effective Date of 1991 AmendmentAmendment by Pub. L. 102233 effective Feb. 1, 1992, see section 318 of Pub. L. 102233, set out as a note under section 1441 of this title.
Abolition of Thrift Depositor Protection Oversight Board Thrift Depositor Protection Oversight Board abolished, see section 14(a)(d) of Pub. L. 105216, formerly set out as a note under section 1441a of this title.
@@ -0,0 +1,55 @@
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# 12 U.S.C. § 1442 - Member financial information
## Text
(a) In general In order to enable the Federal Home Loan Banks to carry out the provisions of this chapter, the Secretary of the Treasury, the Comptroller of the Currency, the Chairman of the Board 11 See 2008 Amendment note below. of Governors of the Federal Reserve System, the Chairperson of the Federal Deposit Insurance Corporation, the Chairperson of the National Credit Union Administration, and the Director of the Office of Thrift Supervision, upon request by any Federal Home Loan Bank—
(1) shall make available in confidence to any Federal Home Loan Bank, such reports, records, or other information as may be available, relating to the condition of any member of any Federal Home Loan Bank or any institution with respect to which any such Bank has had or contemplates having transactions under this chapter; and
(2) may perform through their examiners or other employees or agents, for the confidential use of the Federal Home Loan Bank, examinations of institutions for which such agency is the appropriate Federal banking regulatory agency.
In addition, the Comptroller of the Currency, the Chairman of the Board 1 of Governors of the Federal Reserve System, the Chairperson of the National Credit Union Administration, and the Director of the Office of Thrift Supervision shall make available to the Director or any Federal Home Loan Bank the financial reports filed by members of any Bank to enable the Director or a Bank to compile and publish cost of funds indices or other financial or statistical reports.
(b) Consent by members Every member of a Federal Home Loan Bank shall, as a condition precedent thereto, be deemed—
(1) to consent to such examinations as the Bank or the Director may require for the purposes of this chapter;
(2) to agree that reports of examinations by local, State, or Federal agencies or institutions may be furnished by such authorities to the Bank or the Director upon request; and
(3) to agree to give the Bank or the Federal agency, upon request, such information as they may need to compile and publish cost of funds indices and to publish other reports or statistical summaries pertaining to the activities of Bank members.
(July 22, 1932, ch. 522, § 22, 47 Stat. 739; Pub. L. 10173, title VII, § 719, Aug. 9, 1989, 103 Stat. 422; Pub. L. 110289, div. A, title II, § 1204(8), July 30, 2008, 122 Stat. 2786.)
## Notes
Editorial Notes
Amendments2008—Pub. L. 110289 substituted “the Director” for “the Board” wherever appearing, except in two places in subsec. (a). See note below. Subsec. (a). Pub. L. 110289, which directed amendment of the Federal Home Loan Bank Act (this chapter) by substituting “the Director” for “the Board” wherever appearing, was not executed to subsec. (a) in two places where “the Board” appeared before “of Governors of the Federal Reserve System”, to reflect the probable intent of Congress. 1989—Pub. L. 10173 amended section generally. Prior to amendment, section read as follows: “(a) In order to enable the board to carry out the provisions of this chapter, the Treasury Department, the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, and the Federal reserve banks are authorized, under such conditions as they may prescribe, to make available to the board in confidence for its use and the use of any Federal Home Loan Bank such reports, records, or other information as may be available, relating to the condition of institutions with respect to which any such Federal Home Loan Bank has had or contemplates having transactions under this chapter or relating to persons whose obligations are offered to or held by any Federal Home Loan Bank, and to make through their examiners or other employees, for the confidential use of the board or any Federal Home Loan Bank, examinations of such institutions. “(b) Every institution which shall apply for advances under this chapter shall, as a condition precedent thereto, consent to such examination as the bank or the board may require for the purposes of this chapter and/or that reports of examinations by constituted authorities may be furnished by such authorities to the bank or the board upon request therefor.”
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# 12 U.S.C. § 1442a - Repealed. Pub. L. 106102, title VI, § 606(c), Nov. 12, 1999, 113 Stat. 1454
## Notes
Section, act July 22, 1932, ch. 522, § 22A, as added Aug. 10, 1987, Pub. L. 10086, title IV, § 407(d), 101 Stat. 617, related to informal review of certain supervisory decisions.
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# 12 U.S.C. § 1443 - Forms of bank stock and obligations
## Text
Any stock, debentures, bonds, notes, or other obligations issued under the authority of this chapter may be issued in uncertificated form, utilizing a book entry method, or in certificated form under such rules, regulations, or guidelines as the Director 11 See 2008 Amendment note below. may provide.
(July 22, 1932, ch. 522, § 23, 47 Stat. 739; Pub. L. 10173, title VII, § 717, Aug. 9, 1989, 103 Stat. 422; Pub. L. 110289, div. A, title II, § 1204(8), (12), July 30, 2008, 122 Stat. 2786.)
## Notes
Editorial Notes
Amendments2008—Pub. L. 110289, which directed amendment of the Federal Home Loan Bank Act (this chapter) by substituting “the Director” for “the Board” and “Director” for “Federal Housing Finance Board” wherever appearing, was executed to this section by substituting “the Director” for “the Board of Directors of the Federal Housing Finance Board”, to reflect the probable intent of Congress. 1989—Pub. L. 10173 amended section generally. Prior to amendment, section read as follows: “In order that the Federal Home Loan Banks may be supplied with such forms of stock, debentures, and bonds as may be necessary under this chapter, the Secretary of the Treasury is authorized to prepare such forms thereof as shall be suitable and approved by the board, which shall be held in the Treasury subject to delivery, upon order of the board. The engraved plates, dies, and bed pieces executed in connection therewith shall remain in the custody of the Secretary of the Treasury. The board shall reimburse the Secretary of the Treasury for any expense incurred in the preparation, custody, and delivery of such stock, debentures, and bonds.”
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# 12 U.S.C. § 1444 - Eligibility to membership in banks
## Text
(a) Any organization organized under the laws of any State and subject to inspection and regulation under the banking or similar laws of such State shall be eligible to become a member under this chapter if—
(1) it is organized solely for the purpose of supplying credit to its members;
(2) its membership (A) is confined exclusively to building and loan associations, savings and loan associations, cooperative banks, and homestead associations; or (B) is confined exclusively to savings banks; and
(3) of the institutions to which its membership is confined which are organized within the State, its membership includes a majority of such institutions.
(b) In all respects, but subject to such additional rules and regulations as the Director may provide, any such organization shall be a member for the purposes of this chapter.
(July 22, 1932, ch. 522, § 24, 47 Stat. 739; Pub. L. 10173, title VII, § 701(b)(1), (3)(A), Aug. 9, 1989, 103 Stat. 412; Pub. L. 110289, div. A, title II, § 1204(8), July 30, 2008, 122 Stat. 2786.)
## Notes
Editorial Notes
Amendments2008—Subsec. (b). Pub. L. 110289 substituted “the Director” for “the Board”. 1989—Subsec. (b). Pub. L. 10173 substituted “Board” for “board”.
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# 12 U.S.C. § 1445 - Succession of Federal Home Loan Banks
## Text
Each Federal Home Loan Bank shall have succession until dissolved by the Director under this chapter or by further act of Congress.
(July 22, 1932, ch. 522, § 25, 47 Stat. 740; Pub. L. 10173, title VII, § 701(b)(1), (3)(A), Aug. 9, 1989, 103 Stat. 412; Pub. L. 110289, div. A, title II, § 1204(8), July 30, 2008, 122 Stat. 2786.)
## Notes
Editorial Notes
Amendments2008—Pub. L. 110289 substituted “the Director” for “the Board”. 1989—Pub. L. 10173 substituted “Board” for “board”.
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# 12 U.S.C. § 1446 - Liquidation or reorganization; acquisition of assets by other banks; assumption of liabilities
## Text
(a) In general Whenever the Director finds that the efficient and economical accomplishment of the purposes of this chapter will be aided by such action, and in accordance with such rules, regulations, and orders as the Director may prescribe, any Federal Home Loan Bank may be liquidated or reorganized, and its stock paid off and retired in whole or in part in connection therewith after paying or making provision for the payment of its liabilities. In the case of any such liquidation or reorganization, any other Federal Home Loan Bank may, with the approval of the Director, acquire assets of any such liquidated or reorganized bank and assume liabilities thereof, in whole or in part. At least 30 days prior to liquidating or reorganizing any Bank under this section, the Director shall notify the Bank of its determination and the facts and circumstances upon which such determination is based. The Bank may contest that determination in a hearing before the Director, in which all issues shall be determined on the record pursuant to section 554 of title 5.
(b) Voluntary mergers authorized (1) In general Any Federal Home Loan Bank may, with the approval of the Director and of the boards of directors of the Banks involved, merge with another Bank.
(2) Regulations required The Director shall promulgate regulations establishing the conditions and procedures for the consideration and approval of any voluntary merger described in paragraph (1), including the procedures for Bank member approval.
(July 22, 1932, ch. 522, § 26, 47 Stat. 740; Pub. L. 10173, title VII, § 701(b)(1), (3)(A), Aug. 9, 1989, 103 Stat. 412; Pub. L. 110289, div. A, title II, §§ 1204(8), 1209, 1214, July 30, 2008, 122 Stat. 2786, 2789, 2791.)
## Notes
Editorial Notes
Amendments2008—Pub. L. 110289, § 1209, designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). Pub. L. 110289, § 1204(8), substituted “the Director” for “the Board” wherever appearing. Subsec. (a). Pub. L. 110289, § 1214, which directed insertion of “At least 30 days prior to liquidating or reorganizing any Bank under this section, the Director shall notify the Bank of its determination and the facts and circumstances upon which such determination is based. The Bank may contest that determination in a hearing before the Director, in which all issues shall be determined on the record pursuant to section 554 of title 5.” at the end of this section, was executed by making the insertion at the end of subsec. (a), to reflect the probable intent of Congress and the amendment by Pub. L. 110289, § 1209. See above. 1989—Pub. L. 10173 substituted “Board” for “board” wherever appearing.
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# 12 U.S.C. § 1447 - Repealed. Pub. L. 106102, title VI, § 606(c), Nov. 12, 1999, 113 Stat. 1454
## Notes
Section, act July 22, 1932, ch. 522, § 27, as added Pub. L. 103204, § 18, Dec. 17, 1993, 107 Stat. 2401, related to Housing Opportunity Hotline program.
A prior section 1447, act July 22, 1932, ch. 522, § 27, 47 Stat. 740, related to institutions authorized to subscribe for stock of banks, prior to repeal by Pub. L. 10173, title VII, § 704(c), Aug. 9, 1989, 103 Stat. 416.
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# 12 U.S.C. § 1448 - Effect of partial invalidity of chapter
## Text
If any provision of this chapter, or the application thereof to any person or circumstances, is held invalid, the remainder of the chapter, and the application of such provision to other persons or circumstances, shall not be affected thereby.
(July 22, 1932, ch. 522, § 28, 47 Stat. 740.)
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# 12 U.S.C. § 1449 - Reservation of right to amend or repeal chapter
## Text
The right to alter, amend, or repeal this chapter is expressly reserved.
(July 22, 1932, ch. 522, § 30, 47 Stat. 741.)
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# 12 U.S.C. § 1451 - Definitions
## Text
As used in this chapter—
(a) The term “Board of Directors” means the Board of Directors of the Corporation.
(b) The term “Corporation” means the Federal Home Loan Mortgage Corporation created by this chapter.
(c) The term “law” includes any law of the United States or of any State (including any rule of law or of equity).
(d) The term “mortgage” includes such classes of liens as are commonly given or are legally effective to secure advances on, or the unpaid purchase price of, real estate under the laws of the State in which the real estate is located or a manufactured home that is personal property under the laws of the State in which the manufactured home is located together with the credit instruments, if any, secured thereby, and includes interests in mortgages.
(e) The term “organization” means any corporation, partnership, association, business trust, or business entity.
(f) The term “prescribe” means to prescribe by regulations or otherwise.
(g) The term “property” includes any property, whether real, personal, mixed, or otherwise, including without limitation on the generality of the foregoing choses in action and mortgages, and includes any interest in any of the foregoing.
(h) The term “residential mortgage” means a mortgage which (1) is a mortgage on real estate, in fee simple or under a leasehold having such term as may be prescribed by the Corporation, upon which there is located a structure or structures designed in whole or in part for residential use, or which comprises or includes one or more condominium units or dwelling units (as defined by the Corporation) and (2) has such characteristics and meets such requirements as to amount, term, repayment provisions, number of families, status as a lien on such real estate, and otherwise, as may be prescribed by the Corporation. The term “residential mortgage” also includes a loan or advance of credit insured under title I of the National Housing Act [12 U.S.C. 1702 et seq.] whose original proceeds are applied for in order to finance energy conserving improvements, or the addition of a solar energy system, to residential real estate. The term “residential mortgage” also includes a loan or advance of credit for such purposes, or purchased from any public utility carrying out activities in accordance with the requirements of title II of the National Energy Conservation Policy Act [42 U.S.C. 8211 et seq.] if the residential mortgage to be purchased is a loan or advance of credit the original proceeds of which are applied for in order to finance the purchase and installation of residential energy conservation measures (as defined in section 210(11) 11 See References in Text note below. of the National Energy Conservation Policy Act) in residential real estate, not having the benefit of such insurance and includes loans made where the lender relies for purposes of repayment primarily on the borrowers general credit standing and forecast of income, with or without other security. The term “residential mortgage” is also deemed to include a secured loan or advance of credit the proceeds of which are intended to finance the rehabilitation, renovation, modernization, refurbishment, or improvement of properties as to which the Corporation may purchase a “residential mortgage” as defined under the first sentence of this subsection. Such term shall also include other secured loans that are secured by a subordinate lien against a property as to which the Corporation may purchase a residential mortgage as defined under the first sentence of this subsection. A “secured loan or advance of credit” is one in which a security interest is taken in the rehabilitated, renovated, modernized, refurbished, or improved property. Such term shall also include a mortgage, lien, or other security interest on the stock or membership certificate issued to a tenant-stockholder or resident-member by a cooperative housing corporation, as defined in section 216 of title 26, and on the proprietary lease, occupancy agreement, or right of tenancy in the dwelling unit of the tenant-stockholder or resident-member in such cooperative housing corporation. The term “residential mortgage” also includes a loan or advance of credit secured by a mortgage or other lien on a manufactured home that is the principal residence of the borrower, without regard to whether the security property is real, personal, or mixed.
(i) The term “conventional mortgage” means a mortgage other than a mortgage as to which the Corporation has the benefit of any guaranty, insurance or other obligation by the United States or any of its agencies or instrumentalities.
(j) The term “security” has the meaning ascribed to it by section 77b of title 15.
(k) The term “State”, whether used as a noun or otherwise, includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States.
(l) The term “mortgage insurance program” includes, in the case of a residential mortgage secured by a manufactured home, any manufactured home lending program under title I of the National Housing Act [12 U.S.C. 1702 et seq.].
(Pub. L. 91351, title III, § 302, July 24, 1970, 84 Stat. 451; Pub. L. 95619, title II, § 245, Nov. 9, 1978, 92 Stat. 3233; Pub. L. 95630, title XVII, § 1702, Nov. 10, 1978, 92 Stat. 3718; Pub. L. 96153, title III, § 316(c), Dec. 21, 1979, 93 Stat. 1118; Pub. L. 96294, title V, § 534(a)(2), June 30, 1980, 94 Stat. 741; Pub. L. 98440, title II, §§ 202, 203(b)(1), 204, Oct. 3, 1984, 98 Stat. 16931695; Pub. L. 99514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 102550, title XIII, § 1382(b), Oct. 28, 1992, 106 Stat. 4002.)
## Notes
Editorial Notes
References in TextThe National Housing Act, referred to in subsecs. (h) and (l), is act June 27, 1934, ch. 847, 48 Stat. 1246. Title I of the National Housing Act is classified generally to subchapter I (§ 1702 et seq.) of chapter 13 of this title. For complete classification of this Act to the Code, see section 1701 of this title and Tables. The National Energy Conservation Policy Act, referred to in subsec. (h), is Pub. L. 95619, Nov. 9, 1978, 92 Stat. 3208. Title II of the Act is classified principally to subchapter II (§ 8211 et seq.) of chapter 91 of Title 42, The Public Health and Welfare. Section 210 of the Act (42 U.S.C. 8211) was omitted from the Code pursuant to section 8229 of Title 42 which terminated authority under that section June 30, 1989. For complete classification of this Act to the Code, see Short Title note set out under section 8201 of Title 42 and Tables.
Amendments1992—Subsec. (h). Pub. L. 102550 substituted “purchased from any public utility carrying out activities in accordance with the requirements of title II of the National Energy Conservation Policy Act if the residential mortgage to be purchased is a loan or advance of credit the original proceeds of which are applied for in order to finance the purchase and installation of residential energy conservation measures (as defined in section 210(11) of the National Energy Conservation Policy Act) in residential real estate” for “made by a public utility and purchased by the Corporation pursuant to the first sentence of section 1454(a)(1) of this title”. 1986—Subsec. (h). Pub. L. 99514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”, which for purposes of codification was translated as “title 26” thus requiring no change in text. 1984—Subsec. (d). Pub. L. 98440, § 202(a), inserted reference to a manufactured home that is personal property under the laws of the State in which the manufactured home is located. Subsec. (h). Pub. L. 98440, § 203(b)(1), substituted “status as a lien” for “status as a first lien” and “Such term shall also include other secured loans that are secured by a subordinate lien against a property as to which the Corporation may purchase a residential mortgage as defined under the first sentence of this subsection” for “The maximum principal obligation of loans purchased by virtue of the preceding sentence shall not exceed the dollar limits prescribed by the Federal Home Loan Bank Board with respect to similar types of loans made by Federal savings and loan associations”. Pub. L. 98440, § 202(b), inserted provision that term “residential mortgage” also includes a loan or advance of credit secured by a mortgage or other lien on a manufactured home that is the principal residence of the borrower, without regard to whether the security property is real, personal, or mixed. Subsec. (i). Pub. L. 98440, § 204, substituted “any of its agencies or instrumentalities” for “a State or an agency or instrumentality of either”. Subsec. (l). Pub. L. 98440, § 202(c), added subsec. (l). 1980—Subsec. (h). Pub. L. 96294 inserted provision relating to loans or advances of credit made by a public utility and purchased by the Corporation pursuant to section 1454(a)(1) of this title. 1979—Subsec. (h). Pub. L. 96153 expanded definition of residential mortgage to include a mortgage, lien, or other security interest on the stock or membership certificate issued to a tenant-stockholder or resident-member by a cooperative housing corporation, and on the proprietary lease, occupancy agreement, or right of tenancy in the dwelling unit of the tenant-stockholder or resident-member in such cooperative housing corporation. 1978—Subsec. (h). Pub. L. 95630 inserted provisions expanding definition of “residential mortgage” to include a secured loan or advance of credit the proceeds of which are intended to finance the rehabilitation, renovation, modernization, refurbishment, or improvement of properties as to which the Corporation may purchase a “residential mortgage” as defined under first sentence of this subsection, provisions relating to the maximum principal obligation of loans, and provisions defining “secured loan or advance of credit”. Pub. L. 95619 inserted provisions relating to loans or advances of credit insured under title I of the National Housing Act whose original proceeds were applied for to finance energy conserving improvements or solar energy systems and provisions relating to certain loans or advances of credit for such purposes not so insured.
Statutory Notes and Related Subsidiaries
Effective Date of 1978 AmendmentPub. L. 95630, title XVII, § 1703, Nov. 10, 1978, 92 Stat. 3719, provided that: “This title [amending sections 1451 and 1464 of this title] shall take effect upon enactment [Nov. 10, 1978].”
Short Title of 1981 AmendmentPub. L. 97110, title II, § 201, Dec. 26, 1981, 95 Stat. 1514, provided that: “This title [amending sections 1454 and 1717 of this title and enacting provisions set out as a note under section 1454 of this title] may be cited as the Mortgage Purchase Amendments of 1981.”
Short Title and Statement of PurposePub. L. 91351, title III, § 301, July 24, 1970, 84 Stat. 451, as amended by Pub. L. 10173, title VII, § 731(a), Aug. 9, 1989, 103 Stat. 429; Pub. L. 102550, title XIII, § 1382(a), Oct. 28, 1992, 106 Stat. 4002, provided that: “(a) This title [enacting this chapter] may be cited as the Federal Home Loan Mortgage Corporation Act. “(b) It is the purpose of the Federal Home Loan Mortgage Corporation—“(1) to provide stability in the secondary market for residential mortgages; “(2) to respond appropriately to the private capital market; “(3) to provide ongoing assistance to the secondary market for residential mortgages (including activities relating to mortgages on housing for low- and moderate-income families involving a reasonable economic return that may be less than the return earned on other activities) by increasing the liquidity of mortgage investments and improving the distribution of investment capital available for residential mortgage financing; and “(4) to promote access to mortgage credit throughout the Nation (including central cities, rural areas, and underserved areas) by increasing the liquidity of mortgage investments and improving the distribution of investment capital available for residential mortgage financing.”
RegulationsPub. L. 102550, title XIII, § 1383, Oct. 28, 1992, 106 Stat. 4008, directed the Secretary of Housing and Urban Development and the Director to issue final regulations to implement amendments by subtitle D (§§ 13811383) of title XIII of Pub. L. 102550 not later than the expiration of the 18-month period beginning on Oct. 28, 1992, prior to repeal by Pub. L. 110289, div. A, title I, § 1161(a)(4), July 30, 2008, 122 Stat. 2779.
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# 12 U.S.C. § 1452 - Federal Home Loan Mortgage Corporation
## Text
(a) Creation; Board of Directors; policies; principal office; membership; term; vacancies (1) There is hereby created the Federal Home Loan Mortgage Corporation, which shall be a body corporate under the direction of a Board of Directors. Within the limitations of law and regulation, the Board of Directors shall determine the general policies that govern the operations of the Corporation. The principal office of the Corporation shall be in the District of Columbia or at any other place determined by the Corporation.
(2) (A) The Board of Directors of the Corporation shall consist of 13 persons, or such other number as the Director determines appropriate, who shall be elected annually by the voting common stockholders. Except to the extent action under section 4636a of this title temporarily results in a lesser number, the Board of Directors shall at all times have as members at least 1 person from the homebuilding industry, at least 1 person from the mortgage lending industry, at least 1 person from the real estate industry, and at least 1 person from an organization that has represented consumer or community interests for not less than 2 years or 1 person who has demonstrated a career commitment to the provision of housing for low-income households.
(B) Each member of the Board of Directors shall be elected for a term ending on the date of the next annual meeting of the voting common stockholders.
(C) Any seat on the Board of Directors that becomes vacant after the annual election of the directors shall be filled by the Board of Directors, but only for the unexpired portion of the term.
(D) Any member of the Board of Directors who is a full-time officer or employee of the Federal Government shall not, as such member, receive compensation for services as such a member.
(b) Capital distributions; limitation (1) Except as provided in paragraph (2), the Corporation may make such capital distributions (as such term is defined in section 4502 of this title) as may be declared by the Board of Directors.
(2) The Corporation may not make any capital distribution that would decrease the total capital of the Corporation (as such term is defined in section 4502 of this title) to an amount less than the risk-based capital level for the Corporation established under section 4611 of this title or that would decrease the core capital of the Corporation (as such term is defined in section 4502 of this title) to an amount less than the minimum capital level for the Corporation established under section 4612 of this title, without prior written approval of the distribution by the Director of the Federal Housing Finance Agency.
(c) Powers of the Corporation The Corporation shall have power (1) to adopt, alter, and use a corporate seal; (2) to have succession until dissolved by Act of Congress; (3) to make and enforce such bylaws, rules, and regulations as may be necessary or appropriate to carry out the purposes or provisions of this chapter; (4) to make and perform contracts, agreements, and commitments; (5) to prescribe and impose fees and charges for services by the Corporation; (6) to settle, adjust, and compromise, and with or without consideration or benefit to the Corporation to release or waive in whole or in part, in advance or otherwise, any claim, demand, or right of, by, or against the Corporation; (7) to sue and be sued, complain and defend, in any State, Federal, or other court; (8) to acquire, take, hold, and own, and to deal with and dispose of any property; and (9) to determine its necessary expenditures and the manner in which the same shall be incurred, allowed, and paid, and appoint, employ, and fix and provide for the compensation and benefits of officers, employees, attorneys, and agents as the Board of Directors determines reasonable and comparable with compensation for employment in other similar businesses (including publicly held financial institutions or other major financial services companies) involving similar duties and responsibilities, except that a significant portion of potential compensation of all executive officers (as such term is defined in subsection (h)(3)) of the Corporation shall be based on the performance of the Corporation, all without regard to any other law except as may be provided by the Corporation or by laws hereafter enacted by the Congress expressly in limitation of this sentence. The Corporation, with the consent of any such department, establishment, or instrumentality, including any field services thereof, may utilize and act through any such department, establishment, or instrumentality and may avail itself of the use of information, services, facilities, and personnel thereof, and may pay compensation therefor, and all of the foregoing are hereby authorized to provide the same to the Corporation as it may request.
(d) Investment of funds; designation as depositary, custodian, or agent for Corporation of any Federal Reserve bank, Federal home loan bank, or any bank designated as depositary of public money Funds of the Corporation may be invested in such investments as the Board of Directors may prescribe. Any Federal Reserve bank or Federal home loan bank, or any bank as to which at the time of its designation by the Corporation there is outstanding a designation by the Secretary of the Treasury as a general or other depositary of public money, may be designated by the Corporation as a depositary or custodian or as a fiscal or other agent of the Corporation, and is hereby authorized to act as such depositary, custodian, or agent. When designated for that purpose by the Secretary of the Treasury, the Corporation shall be a depositary of public money, under such regulations as may be prescribed by the Secretary of the Treasury, and may also be employed as fiscal or other agent of the United States, and it shall perform all such reasonable duties as such depositary or agent as may be required of it.
(e) Exemption from Federal, State, and local taxation; exception; applicability of other provisions The Corporation, including its franchise, activities, capital, reserves, surplus, and income, shall be exempt from all taxation now or hereafter imposed by any territory, dependency, or possession of the United States or by any State, county, municipality, or local taxing authority, except that any real property of the Corporation shall be subject to State, territorial, county, municipal, or local taxation to the same extent according to its value as other real property is taxed.
(f) Actions by and against the Corporation; jurisdiction; removal of actions; attachment or execution issued against the Corporation Notwithstanding section 1349 of title 28 or any other provision of law, (1) the Corporation shall be deemed to be an agency included in sections 1345 and 1442 of such title 28; (2) all civil actions to which the Corporation is a party shall be deemed to arise under the laws of the United States, and the district courts of the United States shall have original jurisdiction of all such actions, without regard to amount or value; and (3) any civil or other action, case or controversy in a court of a State, or in any court other than a district court of the United States, to which the Corporation is a party may at any time before the trial thereof be removed by the Corporation, without the giving of any bond or security, to the district court of the United States for the district and division embracing the place where the same is pending, or, if there is no such district court, to the district court of the United States for the district in which the principal office of the Corporation is located, by following any procedure for removal of causes in effect at the time of such removal.
(g) Mortgages, obligations, or other securities sold by Corporation deemed lawful investments for security purposes All mortgages, obligations, or other securities which are or have been sold by the Corporation pursuant to section 1454 or section 1455 of this title shall be lawful investments, and may be accepted as security for all fiduciary, trust, and public funds, the investment or deposits of which shall be under the authority and control of the United States or any officers thereof.
(h) Report on comparability of compensation policies and financial performance of Corporation and payments earned by executive officers; prohibition on payments to terminated executive officers (1) Not later than June 30, 1993, and annually thereafter, the Corporation shall submit a report to the Committee on Banking, Finance and Urban Affairs of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate on (A) the comparability of the compensation policies of the Corporation with the compensation policies of other similar businesses, (B) in the aggregate, the percentage of total cash compensation and payments under employee benefit plans (which shall be defined in a manner consistent with the Corporations proxy statement for the annual meeting of shareholders for the preceding year) earned by executive officers of the Corporation during the preceding year that was based on the Corporations performance, and (C) the comparability of the Corporations financial performance with the performance of other similar businesses. The report shall include a copy of the Corporations proxy statement for the annual meeting of shareholders for the preceding year.
(2) Notwithstanding the first sentence of subsection (c), after October 28, 1992, the Corporation may not enter into any agreement or contract to provide any payment of money or other thing of current or potential value in connection with the termination of employment of any executive officer of the Corporation, unless such agreement or contract is approved in advance by the Director of the Federal Housing Finance Agency. The Director may not approve any such agreement or contract unless the Director determines that the benefits provided under the agreement or contract are comparable to benefits under such agreements for officers of other public and private entities involved in financial services and housing interests who have comparable duties and responsibilities. For purposes of this paragraph, any renegotiation, amendment, or change after October 28, 1992, to any such agreement or contract entered into on or before October 28, 1992, shall be considered entering into an agreement or contract.
(3) For purposes of this subsection, the term “executive officer” has the meaning given the term in section 4502 of this title.
(4) Notwithstanding any other provision of this section, the Corporation shall not transfer, disburse, or pay compensation to any executive officer, or enter into an agreement with such executive officer, without the approval of the Director, for matters being reviewed under section 4518 of this title.
(Pub. L. 91351, title III, § 303, July 24, 1970, 84 Stat. 452; Pub. L. 96153, title III, § 316(b), Dec. 21, 1979, 93 Stat. 1118; Pub. L. 98369, div. A, title I, § 177(a), July 18, 1984, 98 Stat. 709; Pub. L. 10173, title VII, § 731(b)(1), (c), Aug. 9, 1989, 103 Stat. 429, 431; Pub. L. 102550, title XIII, § 1382(c)(1), (d)(h), Oct. 28, 1992, 106 Stat. 40024004; Pub. L. 110289, div. A, title I, §§ 1113(b)(2), 1153(b)(3), 1161(c)(1), 1162(b)(1), July 30, 2008, 122 Stat. 2678, 2775, 2780, 2781.)
## Notes
Editorial Notes
Amendments2008—Subsec. (a)(2)(A). Pub. L. 110289, § 1162(b)(1)(A), substituted “13 persons, or such other number as the Director determines appropriate, who” for “18 persons, 5 of whom shall be appointed annually by the President of the United States and the remainder of whom” in first sentence and struck out “appointed by the President of the United States” after “as members” in second sentence. Pub. L. 110289, § 1153(b)(3), substituted “Except to the extent action under section 4636a of this title temporarily results in a lesser number, the” for “The” in second sentence. Subsec. (a)(2)(B). Pub. L. 110289, § 1162(b)(1)(B), struck out “such or” before “elected” and “, except that any appointed member may be removed from office by the President for good cause” before period at end. Subsec. (a)(2)(C). Pub. L. 110289, § 1162(b)(1)(C), struck out “elective” after “Any” in second sentence and struck out first sentence which read as follows: “Any appointive seat on the Board of Directors that becomes vacant shall be filled by appointment by the President of the United States, but only for the unexpired portion of the term.” Subsecs. (b)(2), (h)(2). Pub. L. 110289, § 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. (h)(4). Pub. L. 110289, § 1113(b)(2), added par. (4). 1992—Subsec. (a)(2)(A). Pub. L. 102550, § 1382(c)(1), in second sentence, struck out “and” after “mortgage lending industry,” and inserted before period “, and at least 1 person from an organization that has represented consumer or community interests for not less than 2 years or 1 person who has demonstrated a career commitment to the provision of housing for low-income households”. Subsec. (a)(2)(B). Pub. L. 102550, § 1382(d), inserted before period at end “, except that any appointed member may be removed from office by the President for good cause”. Subsec. (b). Pub. L. 102550, § 1382(e), amended subsec. (b) generally, substituting present provisions for provisions which outlined general regulatory authority of the Secretary of Housing and Urban Development over Corporation in such areas as mortgage purchases, dividends, examinations and audits, outstanding obligations, conversion of stock and debt obligations, residential mortgage transactions, and approval or disapproval of requests. Subsec. (c). Pub. L. 102550, § 1382(f)(1), (g), in cl. (9) of first sentence, inserted “as the Board of Directors determines reasonable and comparable with compensation for employment in other similar businesses (including publicly held financial institutions or other major financial services companies) involving similar duties and responsibilities, except that a significant portion of potential compensation of all executive officers (as such term is defined in subsection (h)(3)) of the Corporation shall be based on the performance of the Corporation” and struck out after first sentence “Nothing in this chapter or any other law shall be construed to prevent the appointment, employment, and provision for compensation and benefits, as an officer, employee, attorney, or agent of the Corporation, of any officer, employee, attorney, or agent of any department, establishment, or corporate or other instrumentality of the Government, including any Federal home loan bank or member thereof.” Subsec. (f). Pub. L. 102550, § 1382(h), struck out at end “No attachment or execution shall be issued against the Corporation or any of its property before final judgment in any State, Federal, or other court.” Subsec. (h). Pub. L. 102550, § 1382(f)(2), added subsec. (h). 1989—Subsec. (a). Pub. L. 10173, § 731(b)(1), amended subsec. (a) generally, reorganizing provisions into pars. (1) and (2), and substituting provisions setting forth general policies as governing Board, membership requirements and vacancies, for provisions setting forth status of members, liabilities, and conditions and limitations. Subsecs. (b) to (g). Pub. L. 10173, § 731(c), added subsec. (b) and redesignated former subsecs. (b) to (f) as (c) to (g), respectively. 1984—Subsec. (d). Pub. L. 98369 struck out “by the United States,” before “by any territory”, substituted “possession of the United States” for “possession thereof,” and struck out “The provisions of this subsection shall be applicable without regard to any other law, including without limitation on the generality of the foregoing section 3301 of title 26, except laws hereafter enacted by Congress expressly in limitation of this subsection.” 1979—Subsec. (f). Pub. L. 96153 added subsec. (f).
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. 10414, 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 1992 AmendmentPub. L. 102550, title XIII, § 1382(c)(2), Oct. 28, 1992, 106 Stat. 4002, provided that: “The amendments made by paragraph (1) [amending this section] shall apply to the first annual appointment by the President of members to the Board of Directors of the Federal Home Loan Mortgage Corporation that occurs after the date of the enactment of this Act [Oct. 28, 1992].”
Effective Date of 1984 AmendmentAmendment by Pub. L. 98369, effective Jan. 1, 1985, see section 177(d) of Pub. L. 98369, set out as a note under section 172 of Title 26, Internal Revenue Code.
Transitional ProvisionsPub. L. 110289, div. A, title I, § 1162(b)(2), July 30, 2008, 122 Stat. 2782, provided that: “The amendments made by paragraph (1) [amending this section] shall not apply to any appointed position of the board of directors of the Federal Home Loan Mortgage Corporation until the expiration of the annual term for such position during which the effective date under section 1163 [set out as an Effective Date of 2008 Amendment note under section 3132 of Title 5, Government Organization and Employees] occurs.” Pub. L. 10173, title VII, § 731(b)(2), Aug. 9, 1989, 103 Stat. 430, provided that: “(A) Interim board.—“(i) Establishment.—There shall be an interim Board of Directors of the Federal Home Loan Mortgage Corporation, which shall serve from the date of the enactment of this Act [Aug. 9, 1989] until the date of the 1st meeting of the voting common shareholders of the Corporation at which the first election of the directors elected by the shareholders occurs. “(ii) Members.—The interim Board of Directors of the Federal Home Loan Mortgage Corporation shall consist of—“(I) the President of the Corporation; and “(II) the persons who were (on the day before the date of the enactment of this Act) the Chairman of the Federal Home Loan Bank Board and the Secretary of Housing and Urban Development (or their designees). “(iii) Quorum.—A quorum of the interim Board of Directors of the Federal Home Loan Mortgage Corporation shall consist of a majority of the directors duly serving from time to time. “(B) Election of permanent directors.—The first meeting of the voting common shareholders of the Federal Home Loan Mortgage Corporation for election of directors shall occur, under procedures established by the Corporation, within 6 months after the date of the enactment of this Act.”
@@ -0,0 +1,47 @@
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description: "Capitalization of Federal Home Loan Mortgage Corporation"
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# 12 U.S.C. § 1453 - Capitalization of Federal Home Loan Mortgage Corporation
## Text
(a) Common stock; issuance The common stock of the Corporation shall consist of voting common stock, which shall be issued to such holders in the manner and amount, and subject to any limitations on concentration of ownership, as may be established by the Corporation.
(b) Par value The voting common stock shall have such par value and other characteristics as the Corporation provides. The voting common stock shall be vested with all voting rights, each share being entitled to 1 vote. The free transferability of the voting common stock at all times to any person, firm, corporation or other entity shall not be restricted except that, as to the Corporation, it shall be transferable only on the books of the Corporation.
(Pub. L. 91351, title III, § 304, July 24, 1970, 84 Stat. 454; Pub. L. 10173, title VII, § 731(d)(1), (3), Aug. 9, 1989, 103 Stat. 432; Pub. L. 102550, title XIII, § 1382(i), Oct. 28, 1992, 106 Stat. 4004.)
## Notes
Editorial Notes
Amendments1992—Subsec. (a). Pub. L. 102550, § 1382(i)(2), (3)(C), redesignated par. (1) as subsec. (a), struck out provisions of par. (1)(A) which related to common stock of Corporation consisting in part of nonvoting common stock issued only to Federal home loan banks, restate provisions of par. (1)(B) as text of subsec. (a), and redesignated par. (2) as subsec. (b). Subsec. (b). Pub. L. 102550, § 1382(i)(1), (3), redesignated subsec. (a)(2) as (b), struck out “nonvoting common stock and the” before “voting common stock shall have such”, struck out at end “Nonvoting common stock of the Corporation shall be evidenced in the manner and shall be transferable only to the extent, to the transferees, and in the manner, provided by the Corporation.”, and struck out former subsec. (b) which read as follows: “The Federal home loan banks shall from time to time subscribe, at such price not less than par as the Corporation shall from time to time fix, for such amounts of nonvoting common stock as the Corporation prescribes, and such banks shall pay therefor at such time or times and in such amount or amounts as may from time to time be fixed by call of the Corporation. The amount of the payments for which such banks may be obligated under such subscriptions shall not exceed a cumulative total of $100,000,000.” Subsec. (c). Pub. L. 102550, § 1382(i)(1), struck out subsec. (c) which read as follows: “Subscriptions of the respective Federal home loan banks to nonvoting common stock shall be allocated by the Corporation.” Subsec. (d). Pub. L. 102550, § 1382(i)(1), struck out subsec. (d) which read as follows: “The Corporation may retire at any time all or any part of the nonvoting common stock of the Corporation, or may call for retirement all or any part of the nonvoting common stock of the Corporation by (1) publishing a notice of the call in the Federal Register or providing such notice in such other manner as the Corporation may determine to be appropriate, and (2) depositing with the Treasurer of the United States, for the purpose of such retirement, funds sufficient to effect such retirement. No call for the retirement of any nonvoting common stock shall be made, and no nonvoting common stock shall be retired without call, if immediately after such action, the total of the nonvoting common stock not called for retirement and of the reserves and surplus of the Corporation would be less than $100,000,000. The retirement of nonvoting common stock shall be at the par value thereof, or at the price at which such nonvoting common stock was issued if such price is greater than par value. No declaration of any dividend on nonvoting common stock of the Corporation shall be effective with respect to nonvoting common stock which at the time of such declaration is the subject of an outstanding retirement call the effective date of which has arrived.” 1989—Subsec. (a). Pub. L. 10173, § 731(d)(1), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “The capital stock of the Corporation shall consist of nonvoting common stock which shall be issued only to Federal home loan banks and shall have such par value and such other characteristics as the Corporation prescribes. Stock of the Corporation shall be evidenced in such manner and shall be transferable only to such extent, to such transferees, and in such manner as the Corporation prescribes.” Subsec. (b). Pub. L. 10173, § 731(d)(3)(A), substituted “nonvoting common stock” for “common stock”. Subsec. (c). Pub. L. 10173, § 731(d)(3)(B), substituted “nonvoting common stock” for “such stock”. Subsec. (d). Pub. L. 10173, § 731(d)(3)(C), inserted “nonvoting common” before “stock” wherever appearing.
Statutory Notes and Related Subsidiaries
Conversion of StockPub. L. 10173, title VII, § 731(d)(2), Aug. 9, 1989, 103 Stat. 432, provided that: “On the date of the enactment of this Act [Aug. 9, 1989], each share of outstanding senior participating preferred stock of the Federal Home Loan Mortgage Corporation, with a par value of $2.50 per share, shall be changed into and shall become 1 share of voting common stock of the Corporation. Such voting common stock shall, with respect to the nonvoting common stock of the Corporation, retain all of the rights, priorities and privileges of the senior participating preferred stock. The transformation of the senior participating preferred stock into voting common stock under this paragraph shall be deemed to satisfy the obligation of the Corporation to redeem senior participating preferred stock for non-callable common stock.”
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# 12 U.S.C. § 1455 - Obligations and securities of the Corporation
## Text
(a) Authority to issue; terms and conditions; validity The Corporation is authorized, upon such terms and conditions as it may prescribe, to borrow, to give security, to pay interest or other return, and to issue notes, debentures, bonds, or other obligations, or other securities, including without limitation mortgage-backed securities guaranteed by the Government National Mortgage Association in the manner provided in section 1721(g) of this title. Any obligation or security of the Corporation shall be valid and binding notwithstanding that a person or persons purporting to have executed or attested the same may have died, become under disability, or ceased to hold office or employment before the issuance thereof.
(b) Prohibitions and restrictions; creation of liens and charges; rank and priority; causes of action to enforce; jurisdiction; service of process The Corporation may, by regulation or by writing executed by the Corporation, establish prohibitions or restrictions upon the creation of indebtedness or obligations of the Corporation or of liens or charges upon property of the Corporation, including after-acquired property, and create liens and charges, which may be floating liens or charges, upon all or any part or parts of the property of the Corporation, including after-acquired property. Such prohibitions, restrictions, liens, and charges shall have such effect, including without limitation on the generality of the foregoing such rank and priority, as may be provided by regulations of the Corporation or by writings executed by the Corporation, and shall create causes of action which may be enforced by action in the United States District Court for the District of Columbia or in the United States district court for any judicial district in which any of the property affected is located. Process in any such action may run to and be served in any judicial district or any place subject to the jurisdiction of the United States.
(c) Purchase of obligations; funds, maximum amount of purchases, etc. (1) The Secretary of the Treasury may purchase any obligations issued under subsection (a). For such purpose, the Secretary may use as a public debt transaction the proceeds of the sale of any securities issued under chapter 31 of title 31, and the purposes for which securities may be issued under such chapter are extended to include such purpose.
(2) The Secretary of the Treasury shall not at any time purchase any obligations under this subsection if the purchase would increase the aggregate principal amount of the outstanding holdings of obligations under this subsection by the Secretary to an amount greater than $2,250,000,000.
(3) Each purchase of obligations by the Secretary of the Treasury under this subsection shall be upon terms and conditions established to yield a rate of return determined by the Secretary to be appropriate, taking into consideration the current average rate on outstanding marketable obligations of the United States as of the last day of the month preceding the making of the purchase.
(4) The Secretary of the Treasury may at any time sell, upon terms and conditions and at prices determined by the Secretary, any of the obligations acquired by the Secretary under this subsection.
(5) All redemptions, purchases and sales by the Secretary of the Treasury of obligations under this subsection shall be treated as public debt transactions of the United States.
(d) Validity of provisions; validity of restrictions, prohibitions, liens, or charges The provisions of this section and of any restriction, prohibition, lien, or charge referred to in subsection (b) shall be fully effective notwithstanding any other law, including without limitation on the generality of the foregoing any law of or relating to sovereign immunity or priority.
(e) Authority to purchase, hold, or invest by person, trust, or organization (1) Any person, trust, or organization created pursuant to or existing under the laws of the United States or any State shall be authorized to purchase, hold, and invest in mortgages, obligations, or other securities which are or have been sold by the Corporation pursuant to this section or pursuant to section 1454 of this title to the same extent that such person, trust, or organization is authorized under any applicable law to purchase, hold, or invest in obligations issued by or guaranteed as to principal and interest by the United States or any agency or instrumentality thereof. Where State law limits the purchase, holding, or investment in obligations issued by the United States by such a person, trust, or organization, such Corporation mortgages, obligations, and other securities shall be considered to be obligations issued by the United States for purposes of the limitation.
(2) The provisions of paragraph (1) shall not apply with respect to a particular person, trust, or organization or class thereof in any State which, after December 21, 1979, enacts a statute which specifically names the Corporation and either prohibits or provides for a more limited authority to purchase, hold, or invest in such securities by such person, trust, or organization or class thereof than is provided in paragraph (1). The enactment by any State of any statute of the type described in the preceding sentence shall not affect the validity of any contractual commitment to purchase, hold, or invest which was made prior thereto.
(3) Any authority granted by paragraph (1) and not granted by any other Federal statute shall expire as of the end of June 30, 1985. Such expiration shall not affect the validity of any contractual commitment to purchase, hold, or invest which was made prior thereto pursuant to paragraph (1), and shall not affect the validity of any contractual commitment or other action to purchase, hold, or invest pursuant to any other authorization.
(f) Preferred stock The Corporation may have preferred stock on such terms and conditions as the Board of Directors shall prescribe. Any preferred stock shall not be entitled to vote with respect to the election of any member of the Board of Directors.
(g) Securities exempt from regulation All securities issued or guaranteed by the Corporation (other than securities guaranteed by the Corporation that are backed by mortgages not purchased by the Corporation) shall, to the same extent as securities that are direct obligations of or obligations guaranteed as to principal or interest by the United States, be deemed to be exempt securities within the meaning of the laws administered by the Securities and Exchange Commission.
(h) Securities backed by mortgages not purchased by Corporation (1) The Corporation may not guarantee mortgage-backed securities or mortgage related payment securities backed by mortgages not purchased by the Corporation.
(2) The Corporation shall insert appropriate language in all of the obligations and securities of the Corporation issued under this section and section 1454 of this title clearly indicating that such obligations and securities, together with the interest thereon, are not guaranteed by the United States and do not constitute a debt or obligation of the United States or any agency or instrumentality thereof other than the Corporation.
(i) Prohibition on assessment or collection of fee or charge by United States Except for fees paid pursuant to sections 1452(c) 11 See References in Text note below. and 1455(c) of this title and assessments pursuant to section 4516 of this title, no fee or charge may be assessed or collected by the United States (including any executive department, agency, or independent establishment of the United States) on or with regard to the purchase, acquisition, sale, pledge, issuance, guarantee, or redemption of any mortgage, asset, obligation, or other security by the Corporation. No provision of this subsection shall affect the purchase of any obligation by any Federal home loan bank pursuant to section 1452(a) of this title.
(j) Notes, debentures, or substantially identical types of unsecured obligations; issuance, maturities, interest rates, etc. (1) Any notes, debentures, or substantially identical types of unsecured obligations of the Corporation evidencing money borrowed, whether general or subordinated, shall be issued upon the approval of the Secretary of the Treasury and shall have such maturities and bear such rate or rates of interest as may be determined by the Corporation with the approval of the Secretary of the Treasury.
(2) Any notes, debentures, or substantially identical types of unsecured obligations of the Corporation having maturities of 1 year or less that the Corporation has issued or is issuing as of August 9, 1989, shall be deemed to have been approved by the Secretary of the Treasury as required by this subsection. Such deemed approval shall expire 365 days after August 9, 1989.
(3) Any notes, debentures, or substantially identical types of unsecured obligations of the Corporation having maturities of more than 1 year that the Corporation has issued or is issuing as of August 9, 1989, shall be deemed to have been approved by the Secretary of the Treasury as required by this subsection. Such deemed approval shall expire 60 days after August 9, 1989.
(k) Securities in form of debt obligations or trust certificates of beneficial interest; issuance, maturities, interest rates, etc. (1) Any securities in the form of debt obligations or trust certificates of beneficial interest, or both, and based upon mortgages held and set aside by the Corporation, shall be issued upon the approval of the Secretary of the Treasury and shall have such maturities and shall bear such rate or rates of interest as may be determined by the Corporation with the approval of the Secretary of the Treasury.
(2) Any securities in the form of debt obligations or trust certificates of beneficial interest, or both, and based upon mortgages held and set aside by the Corporation, that the Corporation has issued or is issuing as of August 9, 1989, shall be deemed to have been approved by the Secretary of the Treasury as required by this subsection.
(l) Temporary authority of Treasury to purchase obligations and securities; conditions (1) Authority to purchase (A) General authority In addition to the authority under subsection (c) of this section, the Secretary of the Treasury is authorized to purchase any obligations and other securities issued by the Corporation under any section of this chapter, on such terms and conditions as the Secretary may determine and in such amounts as the Secretary may determine. Nothing in this subsection requires the Corporation to issue obligations or securities to the Secretary without mutual agreement between the Secretary and the Corporation. Nothing in this subsection permits or authorizes the Secretary, without the agreement of the Corporation, to engage in open market purchases of the common securities of the Corporation.
(B) Emergency determination required In connection with any use of this authority, the Secretary must determine that such actions are necessary to—
(i) provide stability to the financial markets;
(ii) prevent disruptions in the availability of mortgage finance; and
(iii) protect the taxpayer.
(C) Considerations To protect the taxpayers, the Secretary of the Treasury shall take into consideration the following in connection with exercising the authority contained in this paragraph:
(i) The need for preferences or priorities regarding payments to the Government.
(ii) Limits on maturity or disposition of obligations or securities to be purchased.
(iii) The Corporations plan for the orderly resumption of private market funding or capital market access.
(iv) The probability of the Corporation fulfilling the terms of any such obligation or other security, including repayment.
(v) The need to maintain the Corporations status as a private shareholder-owned company.
(vi) Restrictions on the use of Corporation resources, including limitations on the payment of dividends and executive compensation and any such other terms and conditions as appropriate for those purposes.
(D) Reports to Congress Upon exercise of this authority, the Secretary shall report to the Committees on the Budget, Financial Services, and Ways and Means of the House of Representatives and the Committees on the Budget, Finance, and Banking, Housing, and Urban Affairs of the Senate as to the necessity for the purchase and the determinations made by the Secretary under subparagraph (B) and with respect to the considerations required under subparagraph (C), and the size, terms, and probability of repayment or fulfillment of other terms of such purchase.
(2) Rights; sale of obligations and securities (A) Exercise of rights The Secretary of the Treasury may, at any time, exercise any rights received in connection with such purchases.
(B) Sale of obligation and securities The Secretary of the Treasury may, at any time, subject to the terms of the security or otherwise upon terms and conditions and at prices determined by the Secretary, sell any obligation or security acquired by the Secretary under this subsection.
(C) Deficit reduction The Secretary of the Treasury shall deposit in the General Fund of the Treasury any amounts received by the Secretary from the sale of any obligation acquired by the Secretary under this subsection, where such amounts shall be—
(i) dedicated for the sole purpose of deficit reduction; and
(ii) prohibited from use as an offset for other spending increases or revenue reductions.
(D) Application of sunset to purchased obligations or securities The authority of the Secretary of the Treasury to hold, exercise any rights received in connection with, or sell, any obligations or securities purchased is not subject to the provisions of paragraph (4).
(3) Funding For the purpose of the authorities granted in this subsection, the Secretary of the Treasury may use the proceeds of the sale of any securities issued under chapter 31 of Title 31, and the purposes for which securities may be issued under chapter 31 of Title 31 are extended to include such purchases and the exercise of any rights in connection with such purchases. Any funds expended for the purchase of, or modifications to, obligations and securities, or the exercise of any rights received in connection with such purchases under this subsection shall be deemed appropriated at the time of such purchase, modification, or exercise.
(4) Termination of authority The authority under this subsection (l), with the exception of paragraphs (2) and (3) of this subsection, shall expire December 31, 2009.
(5) Authority of the Director with respect to executive compensation The Director shall have the power to approve, disapprove, or modify the executive compensation of the Corporation, as defined under Regulation S-K, 17 C.F.R. 229.
(Pub. L. 91351, title III, § 306, July 24, 1970, 84 Stat. 455; Pub. L. 96153, title III, § 316(a), Dec. 21, 1979, 93 Stat. 1118; Pub. L. 97289, § 6, Oct. 6, 1982, 96 Stat. 1232; Pub. L. 9835, § 5, May 26, 1983, 97 Stat. 198; Pub. L. 98440, title II, §§ 210, 211, Oct. 3, 1984, 98 Stat. 1697; Pub. L. 100242, title IV, § 441(b), Feb. 5, 1988, 101 Stat. 1921; Pub. L. 10173, title VII, § 731(g)(i), Aug. 9, 1989, 103 Stat. 434; Pub. L. 102550, title XIII, § 1382(n), Oct. 28, 1992, 106 Stat. 4005; Pub. L. 110289, div. A, title I, §§ 1117(b), 1161(c)(2), July 30, 2008, 122 Stat. 2684, 2780; Pub. L. 111203, title XIII, § 1304(b), July 21, 2010, 124 Stat. 2134.)
## Notes
Editorial Notes
References in TextSection 1452(c) of this title, referred to in subsec. (i), was redesignated section 1452(d) of this title by Pub. L. 10173, title VII, § 731(c)(1), Aug. 9, 1989, 103 Stat. 431. This chapter, referred to in subsec. (l)(1)(A), was in the original “this Act” and has been translated as reading “this title”, meaning title III of Pub. L. 91351, to reflect the probable intent of Congress.
Amendments2010—Subsec. (l)(2)(C), (D). Pub. L. 111203 added subpar. (C) and redesignated former subpar. (C) as (D). 2008—Subsec. (c)(2). Pub. L. 110289, § 1161(c)(2)(A), inserted “the” after “Secretary of”. Subsec. (i). Pub. L. 110289, § 1161(c)(2)(B)(ii), made technical amendment to reference in original act which appears in text as reference to section 4516 of this title. Pub. L. 110289, § 1161(c)(2)(B)(i), made technical amendment to reference in original act which appears in text as reference to section 1455(c) of this title. Amendment was given effect, notwithstanding error in directory language which directed substitution of “section 306(c)” for “section 1316(c)” in the original. Subsec. (j)(2). Pub. L. 110289, § 1161(c)(2)(C), substituted “or substantially” for “of substantially”. Subsec. (l). Pub. L. 110289, § 1117(b), added subsec. (l). 1992—Subsec. (h). Pub. L. 102550, § 1382(n)(1), designated existing provisions as par. (1) and added par. (2). Subsec. (i). Pub. L. 102550, § 1382(n)(2), substituted “sections 1452(c) and 1455(c) of this title and assessments pursuant to section 4516 of this title” for “section 1452(c) or 1455(c) of this title”. 1989—Subsec. (c). Pub. L. 10173, § 731(g), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “The Federal home loan banks shall, to such extent as the Board of Directors may prescribe, guarantee the faithful and timely performance by the Corporation of any obligation or undertaking of the Corporation on or with respect to any security (which term as used in this sentence shall not include the capital stock referred to in section 1453 of this title).” Subsec. (f). Pub. L. 10173, § 731(h), amended subsec. (f) generally. Prior to amendment, subsec. (f) read as follows: “The Corporation may have preferred stock on such terms and conditions as the Board of Directors shall prescribe. Any preferred stock shall not affect the status of the capital stock issued under section 1453 of this title as nonvoting common stock, and shall not be entitled to vote with respect to the election of any member of the Board of Directors. Such preferred stock, or any class thereof, may have such terms as would be required for listing of preferred stock on the New York Stock Exchange, except that this sentence does not apply to any preferred stock, or class thereof, the initial sale of which is made directly or indirectly by the Corporation exclusively to any Federal Home Loan Bank or Banks.” Subsecs. (j), (k). Pub. L. 10173, § 731(i), added subsecs. (j) and (k). 1988—Subsec. (i). Pub. L. 100242 added subsec. (i). 1984—Subsec. (f). Pub. L. 98440, § 211, inserted provisions that preferred stock shall not be entitled to vote with respect to the election of any member of the Board of Directors and that such preferred stock, or any class thereof, may have such terms as would be required for listing of preferred stock on the New York Stock Exchange, except for any preferred stock, or class thereof, the initial sale of which is made directly or indirectly by the Corporation exclusively to any Federal Home Loan Bank or Banks. Subsec. (h). Pub. L. 98440, § 210, added subsec. (h). 1983—Subsec. (g). Pub. L. 9835 added subsec. (g). 1982—Subsec. (f). Pub. L. 97289 added subsec. (f). 1979—Subsec. (e). Pub. L. 96153 added subsec. (e).
Statutory Notes and Related Subsidiaries
Effective Date of 2010 AmendmentAmendment by Pub. L. 111203 effective 1 day after July 21, 2010, except as otherwise provided, see section 4 of Pub. L. 111203, set out as an Effective Date note under section 5301 of this title.
Repayment of FeesPub. L. 111203, title XIII, § 1304(d), July 21, 2010, 124 Stat. 2134, provided that: “Any periodic commitment fee or any other fee or assessment paid by the Federal National Mortgage Association or Federal Home Loan Mortgage Corporation to the Secretary of the Treasury as a result of any preferred stock purchase agreement, mortgage-backed security purchase program, or any other program or activity authorized or carried out pursuant to the authorities granted to the Secretary of the Treasury under section 1117 of the Housing and Economic Recovery Act of 2008 (Public Law 110289; 122 Stat. 2683) [amending this section and sections 1431 and 1719 of this title], including any fee agreed to by contract between the Secretary and the Association or Corporation, shall be deposited in the General Fund of the Treasury where such amounts shall be— “(1) dedicated for the sole purpose of deficit reduction; and “(2) prohibited from use as an offset for other spending increases or revenue reductions.” [For definitions of terms used in section 1304(d) of Pub. L. 111203, set out above, see section 5301 of this title.]
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# 12 U.S.C. § 1456 - Immunity of Corporation; audits and reporting requirements; data collection; Housing Advisory Council
## Text
(a) Rights and remedies of Corporation; State qualifications or similar statutes 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) Government audits; procedure; access to records, etc.; reimbursement of costs (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) Financial reports; submission to Director; contents (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 Corporations 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 officers knowledge and belief.
(d) Independent audits of financial statements (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) Mortgage data collection and reporting requirements (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) Report on housing activities; contents; public disclosure (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 Corporations 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) Affordable Housing Advisory Council (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.
(Pub. L. 91351, title III, § 307, July 24, 1970, 84 Stat. 456; Pub. L. 10173, title VII, § 731(j)(1), Aug. 9, 1989, 103 Stat. 435; Pub. L. 102550, title XIII, § 1382(o)(t), Oct. 28, 1992, 106 Stat. 40054008; Pub. L. 108271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 110289, div. A, title I, § 1161(c)(1), (3), July 30, 2008, 122 Stat. 2780.)
## Notes
Editorial Notes
References in TextThe Federal Housing Enterprises Financial Safety and Soundness Act of 1992, referred to in subsec. (f)(1), is title XIII of Pub. L. 102550, 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.
Amendments2008—Subsec. (c)(1). Pub. L. 110289, § 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. 110289, § 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. 110289, § 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. 110289, § 1161(c)(3)(B)(ii), substituted “the Director of the Federal Housing Finance Agency” for “the Secretary”. Subsec. (f)(3)(B). Pub. L. 110289, § 1161(c)(3)(B)(iii), substituted “Director of the Federal Housing Finance Agency” for “Secretary”. 2004—Subsec. (b). Pub. L. 108271 substituted “Government Accountability Office” for “General Accounting Office” wherever appearing. 1992—Subsec. (b). Pub. L. 102550, § 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. 102550, § 1382(p)(t), added subsecs. (c) to (g). 1989—Subsec. (a). Pub. L. 10173 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. 10414, 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 AmendmentPub. L. 10173, 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 sections 1001(2) and 1013 of Title 5, Government Organization and Employees.
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# 12 U.S.C. § 1457 - Prohibited activities; penalties for violations by organizations, officers and members of organizations, and individuals
## Text
Except as expressly authorized by statute of the United States, no individual or organization (except the Corporation) shall use the term “Federal Home Loan Mortgage Corporation”, or any combination of words including the words “Federal”, and “Home Loan”, and “Mortgage”, as a name or part thereof under which any individual or organization does any business, but this sentence shall not make unlawful the use of any name under which business is being done on July 24, 1970. No individual or organization shall use or display (1) any sign, device, or insigne prescribed or approved by the Corporation for use or display by the Corporation or by members of the Federal home loan banks, (2) any copy, reproduction, or colorable imitation of any such sign, device, or insigne, or (3) any sign, device, or insigne reasonably calculated to convey the impression that it is a sign, device, or insigne used by the Corporation or prescribed or approved by the Corporation, contrary to regulations of the Corporation prohibiting, or limiting or restricting, such use or display by such individual or organization. An organization violating this subsection shall for each violation be punished by a fine of not more than $10,000. An officer or member of an organization participating or knowingly acquiescing in any violation of this subsection shall be punished by a fine of not more than $5,000 or imprisonment for not more than one year, or both. An individual violating this subsection shall for each violation be punished as set forth in the sentence next preceding this sentence.
(Pub. L. 91351, title III, § 308, July 24, 1970, 84 Stat. 456; Pub. L. 98479, title II, § 204(h), Oct. 17, 1984, 98 Stat. 2233; Pub. L. 10173, title VII, § 731(k), Aug. 9, 1989, 103 Stat. 435.)
## Notes
Editorial Notes
Amendments1989—Pub. L. 10173 struck out subsection (a) designation before “Except as expressly”, and struck out subsecs. (b) to (f) relating to applicability of criminal provisions of title 18, and defining terms construing such applicability. 1984—Subsec. (f). Pub. L. 98479 substituted “United States” for “United States Code” before “, except in a territorial sense”.
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# 12 U.S.C. § 1458 - Territorial applicability
## Text
Notwithstanding any other law, this chapter shall be applicable to the several States, the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States.
(Pub. L. 91351, title III, § 309, July 24, 1970, 84 Stat. 457.)
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# 12 U.S.C. § 1459 - Separability
## Text
Notwithstanding any other evidences of the intention of Congress, it is hereby declared to be the controlling intent of Congress that if any provision of this chapter, or the application thereof to any person or circumstances, is held invalid, the remainder of this chapter, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.
(Pub. L. 91351, title III, § 310, July 24, 1970, 84 Stat. 457; Pub. L. 10173, title VII, § 731(l), Aug. 9, 1989, 103 Stat. 435.)
## Notes
Editorial Notes
Amendments1989—Pub. L. 10173 amended section catchline and struck out first sentence which read as follows: “Except as otherwise provided in this chapter, or as otherwise provided by the Corporation or by laws hereafter enacted by the Congress expressly in limitation of provisions of this chapter, the powers and functions of the Corporation and of the Board of Directors shall be exercisable, and the provisions of this chapter shall be applicable and effective, without regard to any other law.”
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# 12 U.S.C. § 1461 - Short title
## Text
This chapter may be cited as the “Home Owners Loan Act.”
(June 13, 1933, ch. 64, § 1 (part), 48 Stat. 128; Pub. L. 10173, title III, § 301, Aug. 9, 1989, 103 Stat. 277.)
## Notes
Editorial Notes
Codification Section is comprised of the first sentence of section 1 of act June 13, 1933. The remainder of section 1 of the Act included a table of contents for the Act.
Amendments1989—Pub. L. 10173 amended section generally, striking out “of 1933” after “Act”.
Statutory Notes and Related Subsidiaries
Effective Date of 1989 AmendmentPub. L. 10173, title III, § 305(c), Aug. 9, 1989, 103 Stat. 352, provided that: “The amendments made by section 301 [amending this chapter] relating to civil penalties shall apply with respect to violations committed and activities engaged in after the date of the enactment of this Act [Aug. 9, 1989], except that the increased maximum civil penalties of $5,000 and $25,000 per violation or per day may apply to such violations or activities committed or engaged in before such date with respect to an institution if such violations or activities— “(1) are not already subject to a notice issued by the appropriate Federal banking agency or the Board (initiating an administrative proceeding); and “(2) occurred after the completion of the last report of examination of the institution by the appropriate Federal banking agency (as defined in section 3 of the Federal Deposit Insurance Act [12 U.S.C. 1813]) occurring before the date of the enactment of this Act.”
Short Title of 1998 AmendmentPub. L. 105164, § 1, Mar. 20, 1998, 112 Stat. 32, provided that: “This Act [enacting section 1786a of this title, amending sections 1464 and 1818 of this title, and enacting provisions set out as a note under section 1811 of this title] may be cited as the Examination Parity and Year 2000 Readiness for Financial Institutions Act.”
Short Title of 1991 AmendmentPub. L. 102242, title IV, § 436, Dec. 19, 1991, 105 Stat. 2381, provided that: “This subtitle [subtitle G (§§ 436441) of title IV of Pub. L. 102242, amending sections 1464 and 1467a of this title] may be cited as the Qualified Thrift Lender Reform Act of 1991.”
Short Title of 1982 AmendmentPub. L. 97320, title III, § 301, Oct. 15, 1982, 96 Stat. 1496, provided that: “This title [enacting section 1701j3 of this title, amending sections 1425a, 1426, 1428a, 1430, 1464, 1725, 1730a, 1841, and 3503 of this title, enacting provisions set out as a note under section 3503 of this title, and repealing provisions set out as a note under section 461 of this title] may be cited as the Thrift Institutions Restructuring Act.”
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# 12 U.S.C. § 1462 - Definitions
## Text
For purposes of this chapter—
(1) Corporation The term “Corporation” means the Federal Deposit Insurance Corporation.
(2) Savings association The term “savings association” means a savings association, as defined in section 3 of the Federal Deposit Insurance Act [12 U.S.C. 1813], the deposits of which are insured by the Corporation.
(3) Federal savings association The term “Federal savings association” means a Federal savings association or a Federal savings bank chartered under section 1464 of this title.
(4) National bank The term “national bank” has the same meaning as in section 3 of the Federal Deposit Insurance Act [12 U.S.C. 1813].
(5) Federal banking agencies The term “Federal banking agencies” means the Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, and the Federal Deposit Insurance Corporation.
(6) State The term “State” has the same meaning as in section 3 of the Federal Deposit Insurance Act [12 U.S.C. 1813].
(7) Affiliate The term “affiliate” means any person that controls, is controlled by, or is under common control with, a savings association, except as provided in section 1467a of this title.
(8) Board The term “Board”, other than in the context of the Board of Directors of the Corporation, means the Board of Governors of the Federal Reserve System.
(9) Comptroller The term “Comptroller” means the Comptroller of the Currency.
(10) Appropriate Federal banking agency The term “appropriate Federal banking agency” has the same meaning as in section 3(q) of the Federal Deposit Insurance Act (12 U.S.C. 1813(q)).
(11) Functionally regulated subsidiary The term “functionally regulated subsidiary” has the same meaning as in section 5(c)(5) of the Bank Holding Company Act of 1956 (12 U.S.C. 1844(c)(5)).
(June 13, 1933, ch. 64, § 2, 48 Stat. 128; June 27, 1934, ch. 847, title V, § 508(a), 48 Stat. 1264; May 28, 1935, ch. 150, § 10, 49 Stat. 296; 1947 Reorg. Plan No. 3, eff. July 27, 1947, 12 F.R. 4981, 61 Stat. 954; Aug. 11, 1955, ch. 783, title I, § 109(a)(3), 69 Stat. 640; Pub. L. 95630, title XII, § 1201, Nov. 10, 1978, 92 Stat. 3710; Pub. L. 97320, title I, § 114(a), Oct. 15, 1982, 96 Stat. 1475; Pub. L. 10173, title III, § 301, Aug. 9, 1989, 103 Stat. 277; Pub. L. 111203, title III, § 369(2), title VI, § 604(h)(1), July 21, 2010, 124 Stat. 1557, 1602.)
## Notes
Editorial Notes
Amendments2010—Pars. (1) to (9). Pub. L. 111203, § 369(2), redesignated pars. (2) and (4) to (9) as (1) and (2) to (7), respectively, added pars. (8) and (9), and struck out former pars. (1) and (3) which read as follows: “(1) Director.—The term Director means the Director of the Office of Thrift Supervision. “(3) Office.—The term Office means the Office of Thrift Supervision.” Pars. (10), (11). Pub. L. 111203, § 604(h)(1), added pars. (10) and (11). 1989—Pub. L. 10173 amended section generally, substituting definition of “Director”, “Corporation”, “Office”, “savings association”, “Federal savings association”, “national bank”, “Federal banking agencies”, “State”, and “affiliate”, designated as pars. (1) to (9), for definition of “Board”, “Corporation”, “home mortgage”, “first mortgage”, and “association”, designated as subsecs. (a) to (d). 1982—Subsec. (d). Pub. L. 97320 substituted reference to Federal savings bank or Federal savings banks for reference to Federal mutual savings bank wherever appearing. 1978—Subsec. (d). Pub. L. 95630 included a Federal mutual savings bank chartered by the Board within definition of “association”, and inserted provisions that a reference to a Federal savings and loan association shall be deemed also a reference to a Federal mutual savings bank. 1935—Subsec. (c). Act May 28, 1935, inserted “or dwellings” and “in whole or in part” in cl. (2). 1934—Subsec. (c). Act June 27, 1934, substituted “(1) under a lease for not less than ninety-nine years which is renewable, or (2) under a lease having a period of not less than fifty years to run from the date the mortgage was executed” for “under a lease renewable for not less than ninety nine years”.
Statutory Notes and Related Subsidiaries
Change of Name “Home Loan Bank Board” changed to “Federal Home Loan Bank Board” by act Aug. 11, 1955, ch. 783, § 109(a)(3), which was classified to section 1437(b) of this title prior to the repeal of section 1437 by Pub. L. 10173, title VII, § 703(a), Aug. 9, 1989, 103 Stat. 415.
Effective Date of 2010 AmendmentAmendment by section 369(2) of Pub. L. 111203 effective on the transfer date, see section 351 of Pub. L. 111203, set out as a note under section 906 of Title 2, The Congress. Pub. L. 111203, title VI, § 604(j), July 21, 2010, 124 Stat. 1604, provided that: “The amendments made by this section [amending this section and sections 1467a, 1828, and 1842 to 1844 of this title and repealing section 1848a of this title] shall take effect on the transfer date.” [For definition of “transfer date” as used in section 604(j) of Pub. L. 111203, set out above, see section 5411 of this title.]
Effective Date of 1978 AmendmentAmendment effective upon expiration of 120 days after Nov. 10, 1978, see section 2101 of Pub. L. 95630 set out as an Effective Date note under section 375b of this title.
Executive Documents
Transfer of Functions Reorg. Plan No. 3 of 1947, set out in the Appendix to Title 5, Government Organization and Employees, abolished Federal Home Loan Bank Board and transferred its functions to Home Loan Bank Board created by the Plan.
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# 12 U.S.C. § 1462a - Administrative provisions
## Text
(a) Powers In accordance with subtitle A of title III of the Dodd-Frank Wall Street Reform and Consumer Protection Act, the appropriate Federal banking agency shall have all powers which—
(1) were vested in the Federal Home Loan Bank Board (in the Boards capacity as such) or the Chairman of such Board on the day before the date of the enactment of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 [Aug. 9, 1989]; and
(2) were not—
(A) transferred to the Federal Deposit Insurance Corporation, the Federal Housing Finance Board, the Resolution Trust Corporation, or the Federal Home Loan Mortgage Corporation pursuant to any amendment made by such Act; or
(B) established under any provision of law repealed by such Act.
(b) State homestead provisions No provision of this chapter or any other provision of law administered by the appropriate Federal banking agency shall be construed as superseding any homestead provision of any State constitution, including any implementing State statute, in effect on September 29, 1994, or any subsequent amendment to such a State constitutional or statutory provision in effect on September 29, 1994, that exempts the homestead of any person from foreclosure, or forced sale, for the payment of all debts, other than a purchase money obligation relating to the homestead, taxes due on the homestead, or an obligation arising from work and material used in constructing improvements on the homestead.
(June 13, 1933, ch. 64, § 3, as added Pub. L. 10173, title III, § 301, Aug. 9, 1989, 103 Stat. 278; amended Pub. L. 103325, title III, § 331(c), Sept. 23, 1994, 108 Stat. 2232; Pub. L. 103328, title I, § 102(b)(5), Sept. 29, 1994, 108 Stat. 2352; Pub. L. 109351, title VII, § 712, Oct. 13, 2006, 120 Stat. 1994; Pub. L. 111203, title III, § 369(3), July 21, 2010, 124 Stat. 1558.)
## Notes
Editorial Notes
References in TextThe Dodd-Frank Wall Street Reform and Consumer Protection Act, referred to in subsec. (a), is Pub. L. 111203, July 21, 2010, 124 Stat. 1376. Subtitle A (§§ 311319) of title III of the Act enacted part A (§ 5411 et seq.) of subchapter III of chapter 53 and sections 4b and 16 of this title, amended sections 1, 11, 248, 481, 482, 1813, and 1820 of this title and section 3502 of Title 44, Public Printing and Documents, and enacted provisions set out as notes under sections 1 and 16 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables. The Financial Institutions Reform, Recovery, and Enforcement Act of 1989, referred to in subsec. (a), is Pub. L. 10173, Aug. 9, 1989, 103 Stat. 183. For complete classification of this Act to the Code, see Tables.
Prior ProvisionsA prior section 3 of act June 13, 1933, amended section 1424 of this title prior to the general revision of this chapter by Pub. L. 10173, § 301.
Amendments2010—Pub. L. 111203, § 369(3)(A), inserted section catchline and struck out former section catchline “Director of the Office of Thrift Supervision”. Pub. L. 111203, § 369(3)(B), (C), redesignated subsecs. (e) and (f) as (a) and (b), respectively, and struck out former subsecs. (a) to (d), which related to establishment of the Office of Thrift Supervision, position, appointment and term of Director, and prohibition on financial interests by Director; and subsecs. (g) to (j), which related to annual report requirement, staff, funding through assessments, and GAO audits. Subsec. (a). Pub. L. 111203, § 369(3)(D), struck out “of the Director” after “Powers” in heading and substituted “In accordance with subtitle A of title III of the Dodd-Frank Wall Street Reform and Consumer Protection Act, the appropriate Federal banking agency” for “The Director” in introductory provisions. Subsec. (b). Pub. L. 111203, § 369(3)(E), substituted “appropriate Federal banking agency” for “Director”. 2006—Subsec. (c)(3). Pub. L. 109351, § 712(b), designated existing provisions as subpar. (A), inserted subpar. heading, and added subpar. (B). Subsec. (c)(5). Pub. L. 109351, § 712(a), amended heading and text of par. (5) generally. Prior to amendment, text read as follows: “Notwithstanding paragraphs (1) and (2), the Chairman of the Federal Home Loan Bank Board on the date of enactment of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, shall be the Director until the date on which that individuals term as Chairman of the Federal Home Loan Bank Board would have expired.” 1994—Subsec. (b)(3). Pub. L. 103325, § 331(c)(1), substituted “(including agency enforcement actions) unless otherwise specifically provided by law” for “unless otherwise provided by law”. Subsec. (b)(4). Pub. L. 103325, § 331(c)(2), added par. (4). Subsecs. (f) to (j). Pub. L. 103328 added subsec. (f) and redesignated former subsecs. (f) to (i) as (g) to (j), respectively.
Statutory Notes and Related Subsidiaries
Effective Date of 2010 AmendmentAmendment by Pub. L. 111203 effective on the transfer date, see section 351 of Pub. L. 111203, set out as a note under section 906 of Title 2, The Congress.
Executive Documents
Delegation of Authority To Ratify Office of Thrift Supervision Actions Memorandum of the President of the United States, Apr. 18, 1990, 55 F.R. 15207, provided: Memorandum for the Director of the Office of Thrift Supervision By the authority vested in me as President of the United States by the Constitution and laws of the United States, including section 301 of title 3 of the United States Code, I hereby delegate to the Director of the Office of Thrift Supervision my authority to ratify actions taken on behalf of, or in the name of, the Office of Thrift Supervision or its Director before April 9, 1990. This memorandum shall be published in the Federal Register. George Bush.
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# 12 U.S.C. § 1463 - Supervision of savings associations
## Text
(a) Savings associations (1) Examination and safe and sound operation (A) Federal savings associations The Comptroller shall provide for the examination and safe and sound operation of Federal savings associations.
(B) State savings associations The Corporation shall provide for the examination and safe and sound operation of State savings associations.
(2) Regulations for savings associations The Comptroller may prescribe regulations with respect to savings associations, as the Comptroller determines to be appropriate to carry out the purposes of this chapter.
(3) Safe and sound housing credit to be encouraged The Comptroller and the Corporation shall exercise all powers granted to the Comptroller and the Corporation under this chapter so as to encourage savings associations to provide credit for housing safely and soundly.
(b) Accounting and disclosure (1) In general The Comptroller shall, by regulation, prescribe uniform accounting and disclosure standards for savings associations, to be used in determining savings associations compliance with all applicable regulations.
(2) Specific requirements for accounting standards Subject to section 1464(t) of this title, the uniform accounting standards prescribed under paragraph (1) shall—
(A) incorporate generally accepted accounting principles to the same degree that such principles are used to determine compliance with regulations prescribed by the Federal banking agencies; and
(B) allow for no deviation from full compliance with such standards as are in effect after December 31, 1993.
(3) Authority to prescribe more stringent accounting standards The Comptroller may at any time prescribe accounting standards more stringent than required under paragraph (2) if the Comptroller determines that the more stringent standards are necessary to ensure the safe and sound operation of savings associations.
(c) Stringency of standards The regulations of the Comptroller and the policies of the Comptroller and the Corporation governing the safe and sound operation of savings associations, including regulations and policies governing asset classification and appraisals, shall be no less stringent than those established by the Comptroller for national banks.
(d) Investment of certain funds in accounts of savings associations The savings accounts and share accounts of savings associations insured by the Corporation shall be lawful investments and may be accepted as security for all public funds of the United States, fiduciary and trust funds under the authority or control of the United States or any officer thereof, and for the funds of all corporations organized under the laws of the United States (subject to any regulatory authority otherwise applicable), regardless of any limitation of law upon the investment of any such funds or upon the acceptance of security for the investment or deposit of any of such funds.
(e) Participation by savings associations in lotteries and related activities (1) Participation prohibited No savings association may—
(A) deal in lottery tickets;
(B) deal in bets used as a means or substitute for participation in a lottery;
(C) announce, advertise, or publicize the existence of any lottery; or
(D) announce, advertise, or publicize the existence or identity of any participant or winner, as such, in a lottery.
(2) Use of facilities prohibited No savings association may permit—
(A) the use of any part of any of its own offices by any person for any purpose forbidden to the institution under paragraph (1); or
(B) direct access by the public from any of its own offices to any premises used by any person for any purpose forbidden to the institution under paragraph (1).
(3) Definitions For purposes of this subsection—
(A) Deal in The term “deal in” includes making, taking, buying, selling, redeeming, or collecting.
(B) Lottery The term “lottery” includes any arrangement, other than a savings promotion raffle, under which—
(i) 3 or more persons (hereafter in this subparagraph referred to as the “participants”) advance money or credit to another in exchange for the possibility or expectation that 1 or more but not all of the participants (hereafter in this paragraph referred to as the “winners”) will receive by reason of those participants advances more than the amounts those participants have advanced; and
(ii) the identity of the winners is determined by any means which includes—
(I) a random selection;
(II) a game, race, or contest; or
(III) any record or tabulation of the result of 1 or more events in which any participant has no interest except for the bearing that event has on the possibility that the participant may become a winner.
(C) Lottery ticket The term “lottery ticket” includes any right, privilege, or possibility (and any ticket, receipt, record, or other evidence of any such right, privilege, or possibility) of becoming a winner in a lottery.
(D) Savings promotion raffle The term “savings promotion raffle” means a contest in which the sole consideration required for a chance of winning designated prizes is obtained by the deposit of a specified amount of money in a savings account or other savings program, where each ticket or entry has an equal chance of being drawn, such contest being subject to regulations that may from time to time be promulgated by the appropriate prudential regulator (as defined in section 5481 of this title).
(4) Exception for State lotteries Paragraphs (1) and (2) shall not apply with respect to any savings association accepting funds from, or performing any lawful services for, any State operating a lottery, or any officer or employee of such a State who is charged with administering the lottery.
(5) Regulations The Comptroller shall prescribe such regulations as may be necessary to provide for enforcement of this subsection and to prevent any evasion of any provision of this subsection.
(f) Federally related mortgage loan disclosures A savings association may not make a federally related mortgage loan to an agent, trustee, nominee, or other person acting in a fiduciary capacity without requiring that the identity of the person receiving the beneficial interest of such loan shall at all times be revealed to the savings association. At the request of the appropriate Federal banking agency, the savings association shall report to the appropriate Federal banking agency the identity of such person and the nature and amount of the loan.
(g) Preemption of State usury laws (1) Notwithstanding any State law, a savings association may charge interest on any extension of credit at a rate of not more than 1 percent in excess of the discount rate on 90-day commercial paper in effect at the Federal Reserve bank in the Federal Reserve district in which such savings association is located or at the rate allowed by the laws of the State in which such savings association is located, whichever is greater.
(2) If the rate prescribed in paragraph (1) exceeds the rate such savings association would be permitted to charge in the absence of this subsection, the receiving or charging a greater rate of interest than that prescribed by paragraph (1), when knowingly done, shall be deemed a forfeiture of the entire interest which the extension of credit carries with it, or which has been agreed to be paid thereon. If such greater rate of interest has been paid, the person who paid it may recover, in a civil action commenced in a court of appropriate jurisdiction not later than 2 years after the date of such payment, an amount equal to twice the amount of the interest paid from the savings association taking or receiving such interest.
(h) Form and maturity of securities No savings association shall—
(1) issue securities which guarantee a definite maturity except with the specific approval of the appropriate Federal banking agency, or
(2) issue any securities the form of which has not been approved by the appropriate Federal banking agency.
(June 13, 1933, ch. 64, § 4, as added Pub. L. 10173, title III, § 301, Aug. 9, 1989, 103 Stat. 280; amended Pub. L. 111203, title III, § 369(4), July 21, 2010, 124 Stat. 1558; Pub. L. 113251, § 3(d), Dec. 18, 2014, 128 Stat. 2889.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 1463, acts June 13, 1933, ch. 64, § 4, 48 Stat. 129; Apr. 27, 1934, ch. 168, §§ 1(a), 24, 13, 48 Stat. 643645, 647; June 27, 1934, ch. 847, title V, §§ 506, 508(b), 48 Stat. 1263, 1264; May 28, 1935, ch. 150, §§ 1017(a), 49 Stat. 296, 297; Aug. 11, 1939, ch. 684, 53 Stat. 1403; Oct. 24, 1942, ch. 621, 56 Stat. 986; June 30, 1947, ch. 166, title II, § 206(f), 61 Stat. 206, related to creation of Home Owners Loan Corporation, for appointment and compensation of its board of directors, for appointment and compensation of its employees, and for other powers, prior to repeal by Pub. L. 89554, § 8(a), Sept. 6, 1966, 80 Stat. 648. A prior section 1463a, act Apr. 27, 1934, ch. 168, § 1(b), 48 Stat. 644, provided that amendments made to subsec. (c) of former section 1463 of this title, except with respect to refunding, by act Apr. 27, 1934, should not apply to any bonds prior to Apr. 27, 1934, issued under subsec. (c), or to any bonds thereafter issued in compliance with commitments of the Corporation outstanding on Apr. 27, 1934. A prior section 1463b, act Apr. 27, 1934, ch. 168, § 9, 48 Stat. 646, related to purchase of obligations of, and loans to, Federal Home Loan Banks, prior to repeal by act May 28, 1935, ch. 150, § 17(b), 49 Stat. 297.
Amendments2014—Subsec. (e)(3)(B). Pub. L. 113251, § 3(d)(1), inserted “, other than a savings promotion raffle,” after “arrangement” in introductory provisions. Subsec. (e)(3)(D). Pub. L. 113251, § 3(d)(2), added subpar. (D). 2010—Subsec. (a). Pub. L. 111203, § 369(4)(A)(i), struck out “Federal” before “savings” in heading. Subsec. (a)(1), (2). Pub. L. 111203, § 369(4)(A)(ii), added pars. (1) and (2) and struck out former pars. (1) and (2) which read as follows: “(1) In general.—The Director shall provide for the examination, safe and sound operation, and regulation of savings associations. “(2) Regulations.—The Director may issue such regulations as the Director determines to be appropriate to carry out the responsibilities of the Director or the Office.” Subsec. (a)(3). Pub. L. 111203, § 369(4)(A)(iii), substituted “Comptroller and the Corporation” for “Director” in two places. Subsec. (b). Pub. L. 111203, § 369(4)(B)(ii), substituted “Comptroller” for “Director” wherever appearing. Subsec. (b)(2). Pub. L. 111203, § 369(4)(B)(i), inserted “and” at end of subpar. (A), substituted a period for “; and” at end of subpar. (B), and struck out subpar. (C) which read as follows: “prior to January 1, 1994, require full compliance by savings associations with accounting standards in effect at any time before such date not later than provided under the schedule in section 563.233 of title 12, Code of Federal Regulations (as in effect on May 1, 1989).” Subsec. (c). Pub. L. 111203, § 369(4)(C), substituted “The regulations of the Comptroller and the policies of the Comptroller and the Corporation” for “All regulations and policies of the Director” and struck out “of the Currency” before “for national”. Subsec. (e)(5). Pub. L. 111203, § 369(4)(D), substituted “Comptroller” for “Director”. Subsecs. (f), (h). Pub. L. 111203, § 369(4)(E), (F), substituted “appropriate Federal banking agency” for “Director” in two places.
Statutory Notes and Related Subsidiaries
Effective Date of 2010 AmendmentAmendment by Pub. L. 111203 effective on the transfer date, see section 351 of Pub. L. 111203, set out as a note under section 906 of Title 2, The Congress.
Preserving Minority Ownership of Minority Financial InstitutionsPub. L. 10173, title III, § 308, Aug. 9, 1989, 103 Stat. 353, as amended by Pub. L. 111203, title III, § 367(4), July 21, 2010, 124 Stat. 1556, provided that: “(a) Consultation on Methods.—The Secretary of the Treasury shall consult with the Chairman of the Board of Governors of the Federal Reserve System, the Comptroller of the Currency, the Chairman of the National Credit Union Administration, and the Chairperson of the Board of Directors of the Federal Deposit Insurance Corporation on methods for best achieving the following goals:“(1) Preserving the present number of minority depository institutions. “(2) Preserving their minority character in cases involving mergers or acquisition of a minority depository institution by using general preference guidelines in the following order:“(A) Same type of minority depository institution in the same city. “(B) Same type of minority depository institution in the same State. “(C) Same type of minority depository institution nationwide. “(D) Any type of minority depository institution in the same city. “(E) Any type of minority depository institution in the same State. “(F) Any type of minority depository institution nationwide. “(G) Any other bidders. “(3) Providing technical assistance to prevent insolvency of institutions not now insolvent. “(4) Promoting and encouraging creation of new minority depository institutions. “(5) Providing for training, technical assistance, and educational programs. “(b) Definitions.—For purposes of this section—“(1) Minority financial institution.—The term minority depository institution means any depository institution that—“(A) if a privately owned institution, 51 percent is owned by one or more socially and economically disadvantaged individuals; “(B) if publicly owned, 51 percent of the stock is owned by one or more socially and economically disadvantaged individuals; and “(C) in the case of a mutual institution where the majority of the Board of Directors, account holders, and the community which it services is predominantly minority. “(2) Minority.—The term minority means any black American, Native American, Hispanic American, or Asian American. “(c) Reports.—The Secretary of the Treasury, the Chairman of the Board of Governors of the Federal Reserve System, the Comptroller of the Currency, the Chairman of the National Credit Union Administration, and the Chairperson of Board of Directors of the Federal Deposit Insurance Corporation shall each submit an annual report to the Congress containing a description of actions taken to carry out this section.”
Abolition of Home Owners Loan Corporation Act June 30, 1953, ch. 170, § 21, 67 Stat. 126, provided for dissolution and abolition of Home Owners Loan Corporation established by former section 1463 of this title.
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# 12 U.S.C. § 1464a - Election to operate as a covered savings association
## Text
(a) Definition In this section, the term “covered savings association” means a Federal savings association that makes an election that is approved under subsection (b).
(b) Election (1) In general In accordance with the rules issued under subsection (f), a Federal savings association with total consolidated assets equal to or less than $20,000,000,000, as reported by the association to the Comptroller as of December 31, 2017, may elect to operate as a covered savings association by submitting a notice to the Comptroller of that election.
(2) Approval A Federal savings association shall be deemed to be approved to operate as a covered savings association beginning on the date that is 60 days after the date on which the Comptroller receives the notice submitted under paragraph (1), unless the Comptroller notifies the Federal savings association that the Federal savings association is not eligible.
(c) Rights and duties Notwithstanding any other provision of law, and except as otherwise provided in this section, a covered savings association shall—
(1) have the same rights and privileges as a national bank that has the main office of the national bank situated in the same location as the home office of the covered savings association; and
(2) be subject to the same duties, restrictions, penalties, liabilities, conditions, and limitations that would apply to a national bank described in paragraph (1).
(d) Treatment of covered savings associations A covered savings association shall be treated as a Federal savings association for the purposes—
(1) of governance of the covered savings association, including incorporation, bylaws, boards of directors, shareholders, and distribution of dividends;
(2) of consolidation, merger, dissolution, conversion (including conversion to a stock bank or to another charter), conservatorship, and receivership; and
(3) determined by regulation of the Comptroller.
(e) Existing branches A covered savings association may continue to operate any branch or agency that the covered savings association operated on the date on which an election under subsection (b) is approved.
(f) Rule making The Comptroller shall issue rules to carry out this section—
(1) that establish streamlined standards and procedures that clearly identify required documentation and timelines for an election under subsection (b);
(2) that require a Federal savings association that makes an election under subsection (b) to identify specific assets and subsidiaries that—
(A) do not conform to the requirements for assets and subsidiaries of a national bank; and
(B) are held by the Federal savings association on the date on which the Federal savings association submits a notice of the election;
(3) that establish—
(A) a transition process for bringing the assets and subsidiaries described in paragraph (2) into conformance with the requirements for a national bank; and
(B) procedures for allowing the Federal savings association to submit to the Comptroller an application to continue to hold assets and subsidiaries described in paragraph (2) after electing to operate as a covered savings association;
(4) that establish standards and procedures to allow a covered savings association to—
(A) terminate an election under subsection (b) after an appropriate period of time; and
(B) make a subsequent election under subsection (b) after terminating an election under subparagraph (A);
(5) that clarify requirements for the treatment of covered savings associations, including the provisions of law that apply to covered savings associations; and
(6) as the Comptroller determines necessary in the interests of safety and soundness.
(g) Grandfathered covered savings associations Subject to the rules issued under subsection (f), a covered savings association may continue to operate as a covered savings association if, after the date on which the election is made under subsection (b), the covered savings association has total consolidated assets greater than $20,000,000,000.
(June 13, 1933, ch. 64, § 5A, as added Pub. L. 115174, title II, § 206, May 24, 2018, 132 Stat. 1310.)
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# 12 U.S.C. § 1465 - State law preemption standards for Federal savings associations clarified
## Text
(a) In general Any determination by a court or by the Director or any successor officer or agency regarding the relation of State law to a provision of this chapter or any regulation or order prescribed under this chapter shall be made in accordance with the laws and legal standards applicable to national banks regarding the preemption of State law.
(b) Principles of conflict preemption applicable Notwithstanding the authorities granted under sections 1463 and 1464 of this title, this chapter does not occupy the field in any area of State law.
(c) Visitorial powers The provisions of sections 11 So in original. Probably should be “section”. 25b(i) of this title shall apply to Federal savings associations, and any subsidiary thereof, to the same extent and in the same manner as if such savings associations, or subsidiaries thereof, were national banks or subsidiaries of national banks, respectively.
(d) Enforcement actions The ability of the Comptroller of the Currency to bring an enforcement action under this chapter or section 45 of title 15 does not preclude any private party from enforcing rights granted under Federal or State law in the courts.
(June 13, 1933, ch. 64, § 6, as added and amended Pub. L. 111203, title X, §§ 1046(a), 1047(b), July 21, 2010, 124 Stat. 2017, 2018.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 1465, acts June 13, 1933, ch. 64, § 6, 48 Stat. 134; Apr. 27, 1934, ch. 168, § 11, 48 Stat. 647; May 28, 1935, ch. 150, § 19, 49 Stat. 297; Pub. L. 10173, title III, § 301, Aug. 9, 1989, 103 Stat. 313, which related to liquid asset requirements, was repealed by Pub. L. 106569, title XII, § 1201(a), Dec. 27, 2000, 114 Stat. 3032.
Amendments2010—Subsecs. (c), (d). Pub. L. 111203, § 1047(b), added subsecs. (c) and (d).
Statutory Notes and Related Subsidiaries
Effective DateEnactment and amendment of section by Pub. L. 111203 effective on the designated transfer date, see section 1048 of Pub. L. 111203, set out as a note under section 5551 of this title.
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# 12 U.S.C. § 1466 - Applicability
## Text
The provisions of this chapter shall apply to the United States and to Puerto Rico, Guam, and the Virgin Islands.
(June 13, 1933, ch. 64, § 7, 48 Stat. 134; July 14, 1952, ch. 723, § 10(b), 66 Stat. 604; Pub. L. 8670, § 9(b), June 25, 1959, 73 Stat. 142; Pub. L. 86624, § 5(b), July 12, 1960, 74 Stat. 411; Pub. L. 10173, title III, § 301, Aug. 9, 1989, 103 Stat. 315.)
## Notes
Editorial Notes
Amendments1989—Pub. L. 10173 amended section generally. Prior to amendment, section read as follows: “The provisions of this chapter shall apply to the continental United States (including Alaska), to the State of Hawaii, and to Puerto Rico, Guam and the Virgin Islands.” 1960—Pub. L. 86624 substituted “State of Hawaii” for “Territory of Hawaii”. 1959—Pub. L. 8670 substituted “continental United States (including Alaska), to the Territory of Hawaii” for “continental United States, to the Territories of Alaska and Hawaii”. 1952—Act July 14, 1952, inserted “Guam”.
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# 12 U.S.C. § 1466a - District associations
## Text
(a) In general The Comptroller shall, with respect to all incorporated or unincorporated building, building or loan, building and loan, or homestead associations, and similar institutions, of or transacting or doing business in the District of Columbia, or maintaining any office in the District of Columbia (other than Federal savings associations), have the same powers and functions as to examination, operation, and regulation as the Comptroller has with respect to Federal savings associations.
(b) Additional powers Any such association or institution incorporated under the laws of, or organized in, the District of Columbia shall have in addition to any existing statutory authority such statutory authority as is vested in Federal savings associations.
(c) Charter amendments Charters, certificates of incorporation, articles of incorporation, constitutions, bylaws, or other organic documents of associations or institutions referred to in subsection (b) of this section may, without regard to anything contained therein or otherwise, be amended in such manner and to such extent and upon such votes if any as the Comptroller may by regulation or otherwise provide.
(d) Limitation Nothing in this section shall cause, or permit the Comptroller to cause, District of Columbia associations to be or become Federal savings associations, or require the Comptroller to impose on District of Columbia associations the same regulations as are imposed on Federal savings associations.
(June 13, 1933, ch. 64, § 8, as added Pub. L. 91609, title IX, § 913, Dec. 31, 1970, 84 Stat. 1815; amended Pub. L. 10173, title III, § 301, Aug. 9, 1989, 103 Stat. 315; Pub. L. 111203, title III, § 369(6), July 21, 2010, 124 Stat. 1563.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 8 of act June 13, 1933, ch. 64, 48 Stat. 134, was classified to section 1467 of this title, prior to repeal by act June 25, 1948, ch. 645, § 21, 62 Stat. 862, eff. Sept. 1, 1948.
Amendments2010—Pub. L. 111203 substituted “Comptroller” for “Director” wherever appearing. 1989—Pub. L. 10173 amended section generally, substituting provisions relating to Director and Federal savings associations for former provisions relating to Federal Home Loan Bank Board and Federal savings and loan associations.
Statutory Notes and Related Subsidiaries
Effective Date of 2010 AmendmentAmendment by Pub. L. 111203 effective on the transfer date, see section 351 of Pub. L. 111203, set out as a note under section 906 of Title 2, The Congress.
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# 12 U.S.C. § 1467 - Examination fees
## Text
(a) Examination of savings associations The cost of conducting examinations of savings associations pursuant to section 1464(d) of this title shall be assessed by—
(1) the Comptroller, against each such Federal savings association, as the Comptroller deems necessary or appropriate; and
(2) the Corporation, against each such State savings association, as the Corporation deems necessary or appropriate.
(b) Examination of affiliates The cost of conducting examinations of affiliates of savings associations pursuant to this chapter may be assessed by the Comptroller or Corporation, as appropriate 11 So in original. Probably should be followed by a comma. against each affiliate that is examined as the Comptroller or Corporation, as appropriate 1 deems necessary or appropriate.
(c) Assessment against association in case of affiliates refusal to pay (1) In general Subject to paragraph (2), if any affiliate of any savings association—
(A) refuses to pay any assessment under subsection (b); or
(B) fails to pay any such assessment before the end of the 60-day period beginning on the date of the assessment,
the appropriate Federal banking agency may assess such cost against, and collect such cost from, such savings association.
(2) Affiliate of more than 1 savings association If any affiliate referred to in paragraph (1) is an affiliate of more than 1 savings association, the assessment with respect to the affiliate against, and collected from, any affiliated savings association in such proportions as the appropriate Federal banking agency may prescribe.
(d) Civil money penalty for affiliates refusal to cooperate (1) Penalty imposed If any affiliate of any savings association—
(A) refuses to permit any examiner appointed by the appropriate Federal banking agency to make an examination; or
(B) refuses to provide any information required to be disclosed in the course of any examination,
the savings association shall forfeit and pay a civil penalty of not more than $5,000 for each day that any such refusal continues.
(2) Assessment and collection Any penalty imposed under paragraph (1) shall be assessed and collected by the appropriate Federal banking agency, in the manner provided in section 8(i)(2) of the Federal Deposit Insurance Act [12 U.S.C. 1818(i)(2)].
(e) Regulations The Comptroller may prescribe regulations with respect to—
(1) the computation of, and the assessment for, the cost of conducting examinations pursuant to this section; and
(2) the collection and use of such assessments and any fees under this section.
Such regulations may establish formulas to determine a fee or schedule of fees to cover the costs of examinations and also to cover the cost of processing applications, filings, notices, and requests for approvals by the appropriate Federal banking agency or the designee of the Comptroller.
(f) [Reserved].
(g) Costs of other examinations (1) Examination of fiduciary activities In addition to any assessment imposed pursuant to subsection (a), the cost of conducting examinations of fiduciary activities of savings associations which exercise fiduciary powers (including savings associations or similar institutions in the District of Columbia) shall be assessed by the appropriate Federal banking agency against such savings associations (or similar institutions).
(2) Examinations in excess of 2 per calendar year If any savings association or affiliate of a savings association is examined by the appropriate Federal banking agency for the savings association more than 2 times in any calendar year, the cost of conducting such additional examinations shall be assessed, in addition to any assessment imposed pursuant to subsection (a), by the appropriate Federal banking agency or the Corporation, as the case may be, against such savings association or affiliate.
(h) Additional information Any savings association and any affiliate of any savings association shall provide the appropriate Federal banking agency with access to any information or report with respect to any examination made by any public regulatory authority and furnish any additional information with respect thereto as the appropriate Federal banking agency may require.
(i) Treatment of examination assessments (1) Deposits Amounts received by the appropriate Federal banking agency from assessments under this section (other than an assessment under subsection (d)(2)) or section 1467a(b)(4) of this title may be deposited in the manner provided in section 5234 of the Revised Statutes [12 U.S.C. 192] with respect to assessments by the Comptroller of the Currency.
(2) Assessments are not Government funds The amounts received by the appropriate Federal banking agency from any assessment under this section shall not be construed to be Government or public funds or appropriated money.
(3) Assessments are not subject to apportionment of funds Notwithstanding any other provision of law, the amounts received by the appropriate Federal banking agency from any assessment under this section shall not be subject to apportionment for the purpose of chapter 15 of title 31 or under any other authority.
(j) Processing fee The appropriate Federal banking agency may, in the sole discretion of the appropriate Federal banking agency, assess against any person that submits to the appropriate Federal banking agency an application, filing, notice, or request a fee to cover the cost of processing such submission.
(k) Fees for examinations and supervisory activities The appropriate Federal banking agency may assess against an institution fees to fund the direct and indirect expenses of the Office as the appropriate Federal banking agency deems necessary or appropriate. The fees may be imposed more frequently than annually at the discretion of the appropriate Federal banking agency.
(l) Working capital The appropriate Federal banking agency is authorized to impose fees and assessments pursuant to subsections (a), (b), (e), and (k) of this section, in excess of actual expenses for any given year, to permit the appropriate Federal banking agency to maintain a working capital fund. The appropriate Federal banking agency shall remit to the payors of such fees and assessments any funds collected in excess of what he deems necessary to maintain such working capital fund.
(m) Use of funds The appropriate Federal banking agency is authorized to use the combined resources retained through fees and assessments imposed pursuant to this section to pay all direct and indirect salary and administrative expenses of the Office, including contracts and purchases of property and services, and the direct and indirect expenses of the examinations and supervisory activities of the Office.
(June 13, 1933, ch. 64, § 9, as added Pub. L. 10086, title IV, § 402(a), Aug. 10, 1987, 101 Stat. 605; amended Pub. L. 10173, title III, § 301, Aug. 9, 1989, 103 Stat. 316; Pub. L. 102242, title I, § 114(c), Dec. 19, 1991, 105 Stat. 2248; Pub. L. 111203, title III, § 369(7), July 21, 2010, 124 Stat. 1563.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 1467, acts June 13, 1933, ch. 64, § 8, 48 Stat. 134; Apr. 27, 1934, ch. 168, § 12, 48 Stat. 647; May 28, 1935, ch. 150, §§ 20, 21, 49 Stat. 298, related to penalties, prior to repeal by act June 25, 1948, ch. 645, § 21, 62 Stat. 862, eff. Sept. 1, 1948. See sections 223, 433, 493, 657, 1006, and 1014 of Title 18, Crimes and Criminal Procedure. A prior section 9 of act June 13, 1933, was renumbered section 11 and is classified to section 1468 of this title.
Amendments2010—Subsec. (a). Pub. L. 111203, § 369(7)(A), substituted “assessed by—” for “assessed by the Director against each such savings association as the Director deems necessary or appropriate.” and added pars. (1) and (2). Subsec. (b). Pub. L. 111203, § 369(7)(B), substituted “Comptroller or Corporation, as appropriate” for “Director” in two places. Subsecs. (c), (d). Pub. L. 111203, § 369(7)(I), substituted “appropriate Federal banking agency” for “Director” in two places. Subsec. (e). Pub. L. 111203, § 369(7)(I), substituted “appropriate Federal banking agency” for “Director” in concluding provisions. Pub. L. 111203, § 369(7)(C), substituted “The Comptroller” for “Only the Director” in introductory provisions and “designee of the Comptroller” for “Directors designee” in concluding provisions. Subsec. (f). Pub. L. 111203, § 369(7)(D), substituted “[Reserved].” for text which read as follows: “The Corporation or the Federal home loan banks shall, upon request of and by agreement with the Director, collect fees and assessments on behalf of the Director and be reimbursed for the actual cost of collection.” Subsec. (g)(1). Pub. L. 111203, § 369(7)(E)(i), substituted “appropriate Federal banking agency” for “Director”. Subsec. (g)(2). Pub. L. 111203, § 369(7)(I), substituted “appropriate Federal banking agency or the Corporation” for “Director or the Corporation”. Pub. L. 111203, § 369(7)(E)(ii), substituted “appropriate Federal banking agency for the savings association” for “Director, or the Corporation, as the case may be,”. Subsec. (h). Pub. L. 111203, § 369(7)(I), substituted “appropriate Federal banking agency” for “Director” in two places. Subsec. (i). Pub. L. 111203, § 369(7)(F), substituted “appropriate Federal banking agency” for “Director” wherever appearing. Subsec. (j). Pub. L. 111203, § 369(7)(I), substituted “The appropriate Federal banking agency” for “The Director” and “submits to the appropriate Federal banking agency” for “submits to the Director”. Pub. L. 111203, § 369(7)(G), substituted “sole discretion of the appropriate Federal banking agency” for “Directors sole discretion”. Subsec. (k). Pub. L. 111203, § 369(7)(I), substituted “appropriate Federal banking agency deems” for “Director deems” and “discretion of the appropriate Federal banking agency” for “discretion of the Director”. Pub. L. 111203, § 369(7)(H), substituted “appropriate Federal banking agency may assess against an institution” for “Director may assess against institutions for which the Director is the appropriate Federal banking agency, as defined in section 3 of the Federal Deposit Insurance Act,”. Subsecs. (l), (m). Pub. L. 111203, § 369(7)(I), substituted “appropriate Federal banking agency” for “Director” wherever appearing. 1991—Subsec. (a). Pub. L. 102242, § 114(c)(1), added subsec. (a) and struck out former subsec. (a) which read as follows: “The cost of conducting examinations of savings associations pursuant to section 1464(d) of this title shall be assessed by the Director against each such savings association in proportion to the assets or resources of the savings association.” Subsec. (b). Pub. L. 102242, § 114(c)(1), added subsec. (b) and struck out former subsec. (b) which read as follows: “The cost of conducting examinations of affiliates of savings associations pursuant to this chapter may be assessed by the Director against each affiliate which is examined in proportion to the assets or resources held by the affiliate on the date of any such examination.” Subsec. (k). Pub. L. 102242, § 114(c)(2), amended subsec. (k) generally. Prior to amendment, subsec. (k) read as follows: “The Director may assess against institutions for which the Director is the appropriate Federal banking agency, within the meaning of section 3 of the Federal Deposit Insurance Act, fees to fund the direct and indirect expenses of the Office. Such fees shall be imposed in proportion of the assets or resources of the institutions. The fees may be imposed more frequently than annually at the discretion of the Director. The annual rate of such fees shall be the same for all institutions subject to such fees.” 1989—Pub. L. 10173 amended section generally, substituting subsecs. (a) to (m) relating to examination fees for former subsecs. (a) to (f) relating to accounting principles and other standards and requirements.
Statutory Notes and Related Subsidiaries
Effective Date of 2010 AmendmentAmendment by Pub. L. 111203 effective on the transfer date, see section 351 of Pub. L. 111203, set out as a note under section 906 of Title 2, The Congress.
Effective Date of 1989 AmendmentAmendment by Pub. L. 10173 relating to civil penalties applicable with respect to violations committed and activities engaged in after Aug. 9, 1989, except that the increased maximum civil penalties of $5,000 and $25,000 per violation or per day may apply to such violations or activities committed or engaged in before such date with respect to an institution if such violations or activities (1) are not already subject to a notice issued by the appropriate Federal banking agency or the Board (initiating an administrative proceeding); and (2) occurred after the completion of the last report of examination of the institution by the appropriate Federal banking agency (as defined in section 1813 of this title) occurring before Aug. 9, 1989, see section 305(c) of Pub. L. 10173, set out as a note under section 1461 of this title.
Submission of Proposed Regulations to CongressPub. L. 10086, title IV, § 402(c), Aug. 10, 1987, 101 Stat. 608, provided that: “Not later than the end of the 90-day period beginning on the date of the enactment of this Act [Aug. 10, 1987]— “(1) the Federal Home Loan Bank Board shall submit a copy of the proposed regulations required to be prescribed under the amendment made by subsection (a) [enacting this section] to the Congress; and “(2) the Federal Savings and Loan Insurance Corporation shall submit a copy of the proposed regulations required to be prescribed under the amendment made by subsection (b) [enacting section 1730h of this title] to the Congress.”
Effective Date of RegulationsPub. L. 10086, title IV, § 402(d), Aug. 10, 1987, 101 Stat. 608, provided that: “(1) In general.—Except as provided in paragraph (2), any regulation required to be prescribed under the amendment made by subsections (a) and (b) [enacting sections 1467 and 1730h of this title] shall be implemented not later than the end of the 150-day period beginning on the date of the enactment of this Act [Aug. 10, 1987]. “(2) Uniform gaap accounting standards.—“(A) In general.—Except as provided in subparagraph (B), the regulations required to be prescribed pursuant to subsection (b) of the amendments made by subsections (a) and (b) of this section shall take effect on December 31, 1987. “(B) Compliance at a later date.—If any association or insured institution demonstrates to the satisfaction of the Home Loan Bank Board or the Federal Savings and Loan Insurance Corporation, as the case may be, that it is not feasible for such association or institution to achieve compliance with the regulations referred to in subparagraph (A) by the date contained in such subparagraph, the Board or Corporation may approve a plan submitted by an association or insured institution which allows such association or institution to comply with such regulations at a later date to the extent such later date is the earlier of—“(i) the date by which, in the determination of the Board or Corporation, it is feasible for such association or insured institution to achieve compliance with such regulations; or “(ii) December 31, 1993.”
Sunset and Savings ProvisionSubsec. (a)(2), (3), (5) ceases to be effective on date that notice of completion of all net new borrowing by Financing Corporation is published in Federal Register [Mar. 30, 1992, 57 F.R. 10763], with such termination not to be construed to affect or limit any authority of Federal Home Loan Bank Board or Federal Savings and Loan Insurance Corporation to prescribe any regulation or engage in any activity with respect to any association or insured institution under any other provision of law, see section 416 of Pub. L. 10086, set out as a note under section 1441 of this title.
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# 12 U.S.C. § 1467b - Intermediate holding companies
## Text
(a) Definition For purposes of this section:
(1) Financial activities The term “financial activities” means activities described in clauses (i) and (ii) of section 1467a(c)(9)(A) of this title.
(2) Grandfathered unitary savings and loan holding company The term “grandfathered unitary savings and loan holding company” means a company described in section 1467a(c)(9)(C) of this title.
(3) Internal financial activities The term “internal financial activities” includes—
(A) internal financial activities conducted by a grandfathered savings and loan holding company or any affiliate; and
(B) internal treasury, investment, and employee benefit functions.
(b) Requirement (1) In general (A) Activities other than financial activities If a grandfathered unitary savings and loan holding company conducts activities other than financial activities, the Board may require such company to establish and conduct all or a portion of such financial activities in or through an intermediate holding company, which shall be a savings and loan holding company, established pursuant to regulations of the Board, not later than 90 days (or such longer period as the Board may deem appropriate) after the transfer date.11 See References in Text note below.
(B) Other activities Notwithstanding subparagraph (A), the Board shall require a grandfathered unitary savings and loan holding company to establish an intermediate holding company if the Board makes a determination that the establishment of such intermediate holding company is necessary—
(i) to appropriately supervise activities that are determined to be financial activities; or
(ii) to ensure that supervision by the Board does not extend to the activities of such company that are not financial activities.
(2) Internal financial activities (A) Treatment of internal financial activities For purposes of this subsection, the internal financial activities of a grandfathered unitary savings and loan holding company shall not be required to be placed in an intermediate holding company.
(B) Grandfathered activities A grandfathered unitary savings and loan holding company may continue to engage in an internal financial activity, subject to review by the Board to determine whether engaging in such activity presents undue risk to the grandfathered unitary savings and loan holding company or to the financial stability of the United States, if—
(i) the grandfathered unitary savings and loan holding company engaged in the activity during the year before July 21, 2010; and
(ii) at least ⅔ of the assets or ⅔ of the revenues generated from the activity are from or attributable to the grandfathered unitary savings and loan holding company.
(3) Source of strength A grandfathered unitary savings and loan holding company that directly or indirectly controls an intermediate holding company established under this section shall serve as a source of strength to its subsidiary intermediate holding company.
(4) Parent company reports The Board, may from time to time, examine and require reports under oath from a grandfathered unitary savings and loan holding company that controls an intermediate holding company, and from the appropriate officers or directors of such company, solely for purposes of ensuring compliance with the provisions of this section, including assessing the ability of the company to serve as a source of strength to its subsidiary intermediate holding company as required under paragraph (3) and enforcing compliance with such requirement.
(5) Limited parent company enforcement (A) In general In addition to any other authority of the Board, the Board may enforce compliance with the provisions of this subsection that are applicable to any company described in paragraph (1)(A) that controls an intermediate holding company under section 8 of the Federal Deposit Insurance Act [12 U.S.C. 1818], and a company described in paragraph (1)(A) shall be subject to such section (solely for purposes of this subparagraph) in the same manner and to the same extent as if the company described in paragraph (1)(A) were a savings and loan holding company.
(B) Application of other Act Any violation of this subsection by a grandfathered unitary savings and loan holding company that controls an intermediate holding company may also be treated as a violation of the Federal Deposit Insurance Act [12 U.S.C. 1811 et seq.] for purposes of subparagraph (A).
(C) No effect on other authority No provision of this paragraph shall be construed as limiting any authority of the Board or any other Federal agency under any other provision of law.
(c) Regulations The Board—
(1) shall promulgate regulations to establish the criteria for determining whether to require a grandfathered unitary savings and loan holding company to establish an intermediate holding company under subsection (b); and
(2) may promulgate regulations to establish any restrictions or limitations on transactions between an intermediate holding company or a parent of such company and its affiliates, as necessary to prevent unsafe and unsound practices in connection with transactions between the intermediate holding company, or any subsidiary thereof, and its parent company or affiliates that are not subsidiaries of the intermediate holding company, except that such regulations shall not restrict or limit any transaction in connection with the bona fide acquisition or lease by an unaffiliated person of assets, goods, or services.
(d) Rules of construction (1) Activities Nothing in this section shall be construed to require a grandfathered unitary savings and loan holding company to conform its activities to permissible activities.
(2) Permissible corporate reorganization The formation of an intermediate holding company as required in subsection (b) shall be presumed to be a permissible corporate reorganization as described in section 1467a(c)(9)(D) of this title.
(June 13, 1933, ch. 64, § 10A, as added Pub. L. 111203, title VI, § 626, July 21, 2010, 124 Stat. 1638.)
## Notes
Editorial Notes
References in TextThe transfer date, referred to in subsec. (b)(1)(A), probably means the transfer date defined in section 5301 of this title. The Federal Deposit Insurance Act, referred to in subsec. (b)(5)(B), is act Sept. 21, 1950, ch. 967, § 2, 64 Stat. 873, which is classified generally to chapter 16 (§ 1811 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1811 of this title and Tables.
Statutory Notes and Related Subsidiaries
Effective DateSection effective 1 day after July 21, 2010, except as otherwise provided, see section 4 of Pub. L. 111203, set out as a note under section 5301 of this title.
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# 12 U.S.C. § 1468 - Transactions with affiliates; extensions of credit to executive officers, directors, and principal shareholders
## Text
(a) Affiliate transactions (1) In general Sections 23A and 23B of the Federal Reserve Act [12 U.S.C. 371c and 371c1] shall apply to every savings association in the same manner and to the same extent as if the savings association were a member bank (as defined in such Act [12 U.S.C. 221 et seq.]), except that—
(A) no loan or other extension of credit may be made to any affiliate unless that affiliate is engaged only in activities described in section 1467a(c)(2)(F)(i) of this title; and
(B) no savings association may enter into any transaction described in section 23A(b)(7)(B) of the Federal Reserve Act with any affiliate other than with respect to shares of a subsidiary.
(2) Sister bank exemption made available to savings associations (A) Savings associations controlled by bank holding companies Every savings association more than 80 percent of the voting stock of which is owned by a company described in section 1467a(c)(8) of this title shall be treated as a bank for purposes of section 23A(d)(1) and section 23B of the Federal Reserve Act, if every savings association and bank controlled by such company complies with all applicable capital requirements on a fully phased-in basis and without reliance on goodwill.
(B) Savings associations generally Effective on and after January 1, 1995, every savings association shall be treated as a bank for purposes of section 23A(d)(1) and section 23B of the Federal Reserve Act.
(3) Affiliates described Any company that would be an affiliate (as defined in sections 23A and 23B of the Federal Reserve Act) of any savings association if such savings association were a member bank (as such term is defined in such Act) shall be deemed to be an affiliate of such savings association for purposes of paragraph (1).
(4) Additional restrictions authorized The appropriate Federal banking agency may impose such additional restrictions on any transaction between any savings association and any affiliate of such savings association as the appropriate Federal banking agency determines to be necessary to protect the safety and soundness of the savings association.
(b) Extensions of credit to executive officers, directors, and principal shareholders (1) In general Subsections (g) and (h) of section 22 of the Federal Reserve Act [12 U.S.C. 375a, 375b] shall apply to every savings association in the same manner and to the same extent as if the savings association were a member bank (as defined in such Act).
(2) Additional restrictions authorized The appropriate Federal banking agency may impose such additional restrictions on loans or extensions of credit to any appropriate Federal banking agency or executive officer of any savings association, or any person who directly or indirectly owns, controls, or has the power to vote more than 10 percent of any class of voting securities of a savings association, as the appropriate Federal banking agency determines to be necessary to protect the safety and soundness of the savings association.
(c) Administrative enforcement The appropriate Federal banking agency may take enforcement action with respect to violations of this section pursuant to section 8 or 18(j) of the Federal Deposit Insurance Act [12 U.S.C. 1818 or 1828(j)], as appropriate.
(d) Exemptions (1) Federal savings associations The Comptroller of the Currency may, by order, exempt a transaction of a Federal savings association from the requirements of this section if—
(A) the Board and the Office of the Comptroller of the Currency jointly find the exemption to be in the public interest and consistent with the purposes of this section and notify the Federal Deposit Insurance Corporation of such finding; and
(B) before the end of the 60-day period beginning on the date on which the Federal Deposit Insurance Corporation receives notice of the finding under subparagraph (A), the Federal Deposit Insurance Corporation does not object, in writing, to the finding, based on a determination that the exemption presents an unacceptable risk to the Deposit Insurance Fund.
(2) State savings association The Federal Deposit Insurance Corporation may, by order, exempt a transaction of a State savings association from the requirements of this section if the Board and the Federal Deposit Insurance Corporation jointly find that—
(A) the exemption is in the public interest and consistent with the purposes of this section; and
(B) the exemption does not present an unacceptable risk to the Deposit Insurance Fund.
(June 13, 1933, ch. 64, § 11, formerly § 9, 48 Stat. 135; Apr. 27, 1934, ch. 168, § 15, 48 Stat. 647; renumbered § 11, Pub. L. 10086, title IV, § 402(a), Aug. 10, 1987, 101 Stat. 605; Pub. L. 10173, title III, § 301, Aug. 9, 1989, 103 Stat. 342; Pub. L. 102242, title III, § 306(i), Dec. 19, 1991, 105 Stat. 2359; Pub. L. 103325, title III, § 316, Sept. 23, 1994, 108 Stat. 2223; Pub. L. 111203, title III, § 369(9), title VI, § 608(c), July 21, 2010, 124 Stat. 1565, 1610.)
## Notes
Editorial Notes
References in TextThe Federal Reserve Act, referred to in subsecs. (a)(1), (3) and (b)(1), is act Dec. 23, 1913, ch. 6, 38 Stat. 251, which is classified principally to chapter 3 (§ 221 et seq.) of this title. For complete classification of this Act to the Code, see References in Text note set out under section 226 of this title and Tables.
Amendments2010—Pub. L. 111203, § 369(9), substituted “appropriate Federal banking agency” for “Director” wherever appearing. Subsec. (d). Pub. L. 111203, § 608(c), added subsec. (d). 1994—Subsec. (a)(2)(C). Pub. L. 103325, § 316(b), struck out heading and text of subpar. (C) which read as follows: “(C) Transition rule for well capitalized savings associations.— “(i) In general.—A savings association that is well capitalized (as defined in section 1831o of this title), as determined without including goodwill in calculating core capital, shall be treated as a bank for purposes of section 371c(d)(1) of this title and section 371c1 of this title. “(ii) Liability of commonly controlled depository institutions.—Any savings association that engages under clause (i) in a transaction that would not otherwise be permissible under this subsection, and any affiliated insured bank that is commonly controlled (as defined in section 1815(e)(9) of this title), shall be subject to subsection (e) of section 1815 of this title as if paragraph (6) of that subsection did not apply.” Pub. L. 103325, § 316(a), added subpar. (C). 1991—Subsec. (b)(1). Pub. L. 102242 substituted “Subsections (g) and (h) of section 22” for “Section 22(h)”. 1989—Pub. L. 10173 amended section generally, substituting subsecs. (a) to (c) relating to affiliate transactions, extensions of credit, and administrative enforcement, for former undesignated paragraph relating to separability of provisions. 1934—Act Apr. 27, 1934, reenacted section without change.
Statutory Notes and Related Subsidiaries
Effective Date of 2010 AmendmentAmendment by section 369(9) of Pub. L. 111203 effective on the transfer date, see section 351 of Pub. L. 111203, set out as a note under section 906 of Title 2, The Congress. Amendment by section 608(c) of Pub. L. 111203 effective 1 year after the transfer date, see section 608(d) of Pub. L. 111203, set out as a note under section 371c of this title.
Effective Date of 1994 AmendmentPub. L. 103325, title III, § 316(b), Sept. 23, 1994, 108 Stat. 2223, provided that amendment made by that section is effective Jan. 1, 1995.
Effective Date of 1991 AmendmentAmendment by Pub. L. 102242 effective upon the earlier of the date on which final regulations under section 306(m)(1) of Pub. L. 102242 become effective or 150 days after Dec. 19, 1991, see section 306(l) of Pub. L. 102242, set out as a note under section 375b of this title.
Transitional Rule for Certain Transactions With AffiliatesPub. L. 10173, title III, § 304, Aug. 9, 1989, 103 Stat. 351, provided that: “(a) Consistency of Certain Regulations With Section 23A of the Federal Reserve Act [12 U.S.C. 371c].—Not later than 6 months after the date of enactment of this Act [Aug. 9, 1989], the Director of the Office of Thrift Supervision shall revise the Directors conflicts regulations so as not to prohibit a thrift institution from purchasing mortgages from a mortgage-banking affiliate to the same extent as a member bank may do so under section 250.250 of title 12, Code of Federal Regulations. “(b) Transitional Period.—Notwithstanding section 11(a) of the Home Owners Loan Act [12 U.S.C. 1468(a)] (as added by section 301 of this Act), a thrift institution that, before May 1, 1989, had received approval from the Federal Savings and Loan Insurance Corporation pursuant to section 408(d)(6) of the National Housing Act [former 12 U.S.C. 1730a(d)(6)] as then in effect to purchase mortgages from a mortgage-banking affiliate may, during the 6-month period following the date on which final regulations are prescribed pursuant to subsection (a), continue to engage in transactions for which it had received such approval. Any savings association that engages in such transactions pursuant to this subsection shall comply with the standards that were applicable under section 408(d)(6) as in effect on May 1, 1989. “(c) Authority To Extend Regulatory Approvals That Would Otherwise Lapse During the Transitional Period.—The Director of the Office of Thrift Supervision may extend until the expiration of the 6-month period described in subsection (b) any approval granted by the Federal Savings and Loan Insurance Corporation that expires or would expire before the expiration of that 6-month period. In determining whether to grant such exemptions, the Director shall apply the standards that were applicable under section 408(d)(6) of the National Housing Act [former 12 U.S.C. 1730a(d)(6)] as in effect on May 1, 1989.”
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# 12 U.S.C. § 1468a - Advertising
## Text
No savings association shall carry on any sale, plan, or practices, or any advertising, in violation of regulations promulgated by a Federal banking agency.
(June 13, 1933, ch. 64, § 12, as added Pub. L. 10173, title III, § 301, Aug. 9, 1989, 103 Stat. 343; amended Pub. L. 111203, title III, § 369(10), July 21, 2010, 124 Stat. 1565.)
## Notes
Editorial Notes
Amendments2010—Pub. L. 111203 substituted “a Federal banking agency” for “the Director”.
Statutory Notes and Related Subsidiaries
Effective Date of 2010 AmendmentAmendment by Pub. L. 111203 effective on the transfer date, see section 351 of Pub. L. 111203, set out as a note under section 906 of Title 2, The Congress.
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# 12 U.S.C. § 1468b - Powers of examiners
## Text
For the purposes of this chapter, examiners appointed by the a 11 So in original. Federal banking agency shall—
(1) be subject to the same requirements, responsibilities, and penalties as are applicable to examiners under the Federal Reserve Act [12 U.S.C. 221 et seq.] and title LXII of the Revised Statutes; and
(2) have, in the exercise of functions under this chapter, the same powers and privileges as are vested in such examiners by law.
(June 13, 1933, ch. 64, § 13, as added Pub. L. 10173, title III, § 301, Aug. 9, 1989, 103 Stat. 343; amended Pub. L. 111203, title III, § 369(11), July 21, 2010, 124 Stat. 1565.)
## Notes
Editorial Notes
References in TextThe Federal Reserve Act, referred to in par. (1), is act Dec. 23, 1913, ch. 6, 38 Stat. 251, which is classified principally to chapter 3 (§ 221 et seq.) of this title. For complete classification of this Act to the Code, see References in Text note set out under section 226 of this title and Tables. Title LXII of the Revised Statutes, referred to in par. (1), consists of R.S. §§ 5133 to 5244, which are classified to sections 16, 21, 22 to 24a, 25a, 25b, 26, 27, 29, 35 to 37, 39, 43, 52, 53, 55 to 57, 59 to 62, 66, 71, 72 to 76, 81, 83 to 86, 90, 91, 93, 93a, 94, 141 to 144, 161, 164, 181, 182, 192 to 194, 196, 215c, 481 to 485, 501, 541, 548, and 582 of this title. See, also, sections 8, 333, 334, 475, 656, 709, 1004, and 1005 of Title 18, Crimes and Criminal Procedure. For complete classification of R.S. §§ 5133 to 5244 to the Code, see Tables.
Amendments2010—Pub. L. 111203 substituted “a Federal banking agency” for “Director” in introductory provisions.
Statutory Notes and Related Subsidiaries
Effective Date of 2010 AmendmentAmendment by Pub. L. 111203 effective on the transfer date, see section 351 of Pub. L. 111203, set out as a note under section 906 of Title 2, The Congress.
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# 12 U.S.C. § 1468c - Separability
## Text
If any provision of this chapter, or the application thereof to any person or circumstances, is held invalid, the remainder of the chapter, and the application of such provision to other persons or circumstances, shall not be affected thereby.
(June 13, 1933, ch. 64, § 14, as added Pub. L. 10173, title III, § 301, Aug. 9, 1989, 103 Stat. 343.)
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# 12 U.S.C. § 1469 - Authority to invest in State housing corporations
## Text
The Congress finds that Federal savings and loan associations and national banks should have the authority to assist in financing the organization and operation of any State housing corporation established under the laws of the State in which the corporation will carry on its operation. It is the purpose of this section to provide a means whereby private financial institutions can assist in providing housing, particularly for families of low- or moderate-income, by purchasing stock of and investing in loans to any such State housing corporation situated in the particular State in which the Federal savings and loan association or national bank involved is located.
(Pub. L. 93100, § 5(a), Aug. 16, 1973, 87 Stat. 343.)
## Notes
Editorial Notes
References in TextThis section, referred to in text, means section 5 of Pub. L. 93100, which enacted this section and section 1470 of this title and amended sections 24 and 1464 of this title.
Codification Section was not enacted as part of the Home Owners Loan Act of 1933 which comprises this chapter.
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 93100, § 8, Aug. 16, 1973, 87 Stat. 348, provided that: “The provisions of this Act [enacting this section and sections 1470 and 1832 of this title, amending sections 24, 461 note, 1464, 1725, 1727 and 1828 of this title, and enacting provisions set out as notes under section 548 of this title] shall take effect on the thirtieth day after the date of its enactment [Aug. 16, 1973], except that the amendments made by sections 1 and 5 [enacting this section and section 1470 of this title and amending sections 24, 461 note, and 1464 of this title] shall take effect on the date of enactment of this Act [Aug. 16, 1973].”
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# 12 U.S.C. § 1470 - Federal supervision of insured institutions, State member and nonmember banks; access to information; definitions
## Text
(a) (1) The appropriate Federal banking agency, with respect to the institutions subject to the jurisdiction of each such agency, shall by appropriate rule, regulation, order, or otherwise regulate investment in State housing corporations.
(2) A State housing corporation in which financial institutions invest under the authority of this section shall make available to the appropriate Federal banking agency referred to in paragraph (1) such information as may be necessary to insure that investments are properly made in accordance with this section.
(b) For the purposes of this section and any Act amended by this section—
(1) The term “insured institution” has the same meaning as in section 401(a) of the National Housing Act [12 U.S.C. 1724(a)].11 See References in Text note below.
(2) The terms “State member insured banks” and “State nonmember insured banks” have the same meaning as when used in the Federal Deposit Insurance Act [12 U.S.C. 1811 et seq.].
(3) The term “State housing corporation” means a corporation established by a State for the limited purpose of providing housing and incidental services, particularly for families of low or moderate income.
(4) The term “State” means any State, the District of Columbia, Guam, the Commonwealth of Puerto Rico, and the Virgin Islands.
(Pub. L. 93100, § 5(d), (e), Aug. 16, 1973, 87 Stat. 344; Pub. L. 111203, title III, § 375, July 21, 2010, 124 Stat. 1566.)
## Notes
Editorial Notes
References in TextThis section, referred to in subsec. (a)(2), refers to section 5 of Pub. L. 93100, which enacted this section and section 1469 of this title and amended sections 24 and 1464 of this title. This section and any Act amended by this section, referred to in subsec. (b), are this section and sections 24 par. Seventh, 1464(c), and 1469 of this title. Section 401(a) of the National Housing Act, referred to in subsec. (b)(1), which was classified to section 1724 of this title, was repealed by Pub. L. 10173, title IV, § 407, Aug. 9, 1989, 103 Stat. 363. The Federal Deposit Insurance Act, referred to in subsec. (b)(2), is act Sept. 21, 1950, ch. 967, § 2, 64 Stat. 873, which is classified generally to chapter 16 (§ 1811 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1811 of this title and Tables.
Codification Section was not enacted as part of the Home Owners Loan Act of 1933, which comprises this chapter. Subsecs. (d) and (e) of section 5 of Pub. L. 93100 have been designated subsecs. (a) and (b) for purposes of codification.
Amendments2010—Subsec. (a)(1). Pub. L. 111203, § 375(1), substituted “appropriate Federal banking agency, with respect to the institutions subject to the jurisdiction of each such agency,” for “Federal Savings and Loan Insurance Corporation with respect to insured institutions, the Board of Governors of the Federal Reserve System with respect to State member insured banks, and the Federal Deposit Insurance Corporation with respect to State nonmember insured banks”. Subsec. (a)(2). Pub. L. 111203, § 375(2), substituted “banking” for “supervisory”.
Statutory Notes and Related Subsidiaries
Effective Date of 2010 AmendmentAmendment by Pub. L. 111203 effective on the transfer date, see section 351 of Pub. L. 111203, set out as a note under section 906 of Title 2, The Congress.
Effective DateSection effective Aug. 16, 1973, see section 8 of Pub. L. 93100, set out as a note under section 1469 of this title.
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# 12 U.S.C. § 1701 - Short title
## Text
This chapter may be cited as the “National Housing Act.”
(June 27, 1934, ch. 847, 48 Stat. 1246.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in text, was in the original “this Act”, meaning act June 27, 1934, ch. 847, 48 Stat. 1246, which is classified principally to this chapter (§ 1701 et seq.). For complete classification of this Act to the Code, see Tables.
Statutory Notes and Related Subsidiaries
Short Title of 2019 AmendmentPub. L. 11633, § 1, July 25, 2019, 133 Stat. 1038, provided that: “This Act [amending section 1721 of this title and section 3709 of Title 38, Veterans Benefits, and enacting provisions set out as a note under section 1721 of this title] may be cited as the Protecting Affordable Mortgages for Veterans Act of 2019.”
Short Title of 2013 AmendmentPub. L. 11329, § 1, Aug. 9, 2013, 127 Stat. 509, provided that: “This Act [amending section 1715z20 of this title] may be cited as the Reverse Mortgage Stabilization Act of 2013.”
Short Title of 2011 AmendmentPub. L. 111372, § 1(a), Jan. 4, 2011, 124 Stat. 4077, provided that: “This Act [amending sections 1701q and 1701q2 of this title and section 1437f of Title 42, The Public Health and Welfare, and amending provisions set out as notes under section 1701q of this title] may be cited as the Section 202 Supportive Housing for the Elderly Act of 2010.”
Short Title of 2010 AmendmentPub. L. 111203, title XIV, § 1441, July 21, 2010, 124 Stat. 2163, provided that: “This subtitle [subtitle D (§§ 14411452) of title XIV of Pub. L. 111203, enacting sections 1701p2 and 1701x1 of this title and section 8108 of Title 42, The Public Health and Welfare, and amending sections 1701x and 2604 of this title and section 3533 of Title 42] may be cited as the Expand and Preserve Home Ownership Through Counseling Act.”
Short Title of 2008 AmendmentPub. L. 110289, div. A, title IV, § 1401, July 30, 2008, 122 Stat. 2800, provided that: “This title [enacting section 1715z23 of this title and section 1639a of Title 15, Commerce and Trade, and amending section 1708 of this title] may be cited as the HOPE for Homeowners Act of 2008.” Pub. L. 110289, div. B, § 2001, July 30, 2008, 122 Stat. 2830, provided that: “This division [see Tables for classification] may be cited as the Foreclosure Prevention Act of 2008.” Pub. L. 110289, div. B, title I, § 2101, July 30, 2008, 122 Stat. 2830, provided that: “This title [enacting sections 1706f and 1715z24 of this title, amending sections 1701x, 1703, 1707 to 1709, 1711, 1715y, 1715z12, 1715z13, 1715z20, and 1735c of this title and section 1014 of Title 18, Crimes and Criminal Procedure, repealing sections 1715m, 1715z2, and 1715z10 of this title, enacting provisions set out as notes under this section and sections 1701x, 1703, 1709, and 1710 of this title, and amending provisions set out as a note under section 12712 of Title 42, The Public Health and Welfare] may be cited as the FHA Modernization Act of 2008.” Pub. L. 110289, div. B, title I, § 2111, July 30, 2008, 122 Stat. 2830, provided that: “This subtitle [subtitle A (§§ 21112133) of title I of div. B of Pub. L. 110289, enacting section 1715z24 of this title, amending sections 1701x, 1707 to 1709, 1711, 1715y, 1715z12, 1715z13, 1715z20, and 1735c of this title and section 1014 of Title 18, Crimes and Criminal Procedure, repealing sections 1715m, 1715z2, and 1715z10 of this title, enacting provisions set out as notes under this section and sections 1701x, 1709, and 1710 of this title, and amending provisions set out as a note under section 12712 of Title 42, The Public Health and Welfare] may be cited as the Building American Homeownership Act of 2008.” Pub. L. 110289, div. B, title I, § 2141, July 30, 2008, 122 Stat. 2844, provided that: “This subtitle [subtitle B (§§ 21412150) of title I of div. B of Pub. L. 110289, enacting section 1706f of this title, amending section 1703 of this title, and enacting provisions set out as notes under section 1703 of this title] may be cited as the FHA Manufactured Housing Loan Modernization Act of 2008.” Pub. L. 110289, div. B, title VIII, § 2831, July 30, 2008, 122 Stat. 2867, provided that: “This subtitle [subtitle B (§§ 28312835) of title VIII of div. B of Pub. L. 110289, enacting section 1715s of this title and sections 1437z8 and 11403f1 of Title 42, The Public Health and Welfare, amending sections 1701q and 1715r of this title and sections 1437f, 1485, 3545, 11403g, 11403h, 11404, 11405, 11405b, 11406, 11407, and 11407b of Title 42, and enacting provisions set out as a note under section 1715s of this title] may be cited as the Housing Tax Credit Coordination Act of 2008.”
Short Title of 2007 AmendmentPub. L. 11037, § 1, June 18, 2007, 121 Stat. 229, provided that: “This Act [amending section 1715z13a of this title] may be cited as the Native American Home Ownership Opportunity Act of 2007.”
Short Title of 2006 AmendmentPub. L. 109240, § 1, July 10, 2006, 120 Stat. 515, provided that: “This Act [amending section 1715z7 of this title] may be cited as the Rural Health Care Capital Access Act of 2006.”
Short Title of 2004 AmendmentPub. L. 108213, § 1, Apr. 1, 2004, 118 Stat. 571, provided that: “This Act [amending section 1715k of this title] may be cited as the Energy Efficient Housing Technical Correction Act.”
Short Title of 2003 AmendmentsPub. L. 108186, title III, § 302(a), Dec. 16, 2003, 117 Stat. 2692, provided that: “This section [amending sections 1713, 1715e, 1715k, 1715l, 1715v, and 1715y of this title] may be cited as the FHA Multifamily Loan Limit Adjustment Act of 2003.” Pub. L. 10891, § 1, Oct. 3, 2003, 117 Stat. 1158, provided that: “This Act [amending section 1715z7 of this title and enacting provisions set out as a note under section 1715z7 of this title] may be cited as the Hospital Mortgage Insurance Act of 2003.”
Short Title of 2002 AmendmentPub. L. 107326, § 1, Dec. 4, 2002, 116 Stat. 2792, provided that: “This Act [enacting section 1712a of this title, amending sections 1709, 1713, 1715e, 1715k, 1715l, 1715v, 1715y, 1715z10, and 1721 of this title, and repealing provisions set out as a note under section 1721 of this title] may be cited as the FHA Downpayment Simplification Act of 2002.”
Short Title of 2000 AmendmentsPub. L. 106569, § 1(a), Dec. 27, 2000, 114 Stat. 2944, provided that: “This Act [see Tables for classification] may be cited as the American Homeownership and Economic Opportunity Act of 2000.” Pub. L. 106569, title VIII, § 801, Dec. 27, 2000, 114 Stat. 3018, provided that: “This title [amending sections 1701q and 1715z1 of this title and sections 8013, 13631, and 13632 of Title 42, The Public Health and Welfare, and enacting provisions set out as notes under this section and sections 1701q and 1715z1 of this title] may be cited as the Affordable Housing for Seniors and Families Act.” Pub. L. 106281, § 1, Oct. 6, 2000, 114 Stat. 865, provided that: “This Act [amending section 1709 of this title] may be cited as the FHA Downpayment Simplification Extension Act of 2000.”
Short Title of 1999 AmendmentPub. L. 10674, title V, § 501(a), Oct. 20, 1999, 113 Stat. 1100, provided that: “This title [enacting section 1701q2 of this title, amending sections 1701q, 1701q2, 1715z1, 1715z1a, 1715z11a, and 4113 of this title and sections 1437f and 8013 of Title 42, The Public Health and Welfare, enacting provisions set out as notes in sections 1701q and 1715z1 of this title and section 12701 of Title 42, and amending provisions set out as a note under section 1437f of Title 42] may be cited as the Preserving Affordable Housing for Senior Citizens and Families into the 21st Century Act.”
Short Title of 1997 AmendmentPub. L. 10565, title V, § 510, Oct. 27, 1997, 111 Stat. 1385, provided that: “This title [enacting section 1437z1 of Title 42, The Public Health and Welfare, amending sections 1708, 1715z1, 1715z4a, 1715z19, 1735f14, 1735f15, 1735f19, and 4565 of this title, section 1516 of Title 18, Crimes and Criminal Procedure, section 6103 of Title 26, Internal Revenue Code, and sections 503, 1437f, and 1437z of Title 42, enacting provisions set out as notes under sections 1735f14 and 1735f15 of this title and sections 503, 1437f, and 1437z1 of Title 42, and amending provisions set out as notes under section 1437f of Title 42] may be cited as the Multifamily Assisted Housing Reform and Affordability Act of 1997.”
Short Title of 1996 AmendmentPub. L. 104120, § 1, Mar. 28, 1996, 110 Stat. 834, provided that: “This Act [enacting section 1490p2 of Title 42, The Public Health and Welfare, amending sections 1715z20, 1715z22, and 1721 of this title and sections 1437d, 1437e, 1437n, 1479, 1485, 1490p2, and 5308 of Title 42, and enacting provisions set out as notes under section 4101 of this title and sections 1437d, 1437f, 5305, and 12805 of Title 42] may be cited as the Housing Opportunity Program Extension Act of 1996.”
Short Title of 1994 AmendmentPub. L. 103233, § 1(a), Apr. 11, 1994, 108 Stat. 342, provided that: “This Act [enacting sections 1735f19 and 1735f20 of this title and sections 1437x, 3547, 5321, and 12840 of Title 42, The Public Health and Welfare, amending sections 1701z11, 1713, 1715e, 1715k, 1715y, 1715z1a, 1715z3, and 1735c of this title and sections 1437a, 1437d, 1437f, 1437g, 1437l, 3535, 4852, 5301, 5304, 5305, 5308, 5318, 12704, 12744, 12745, 12750, 12833, 12838, and 12893 of Title 42, enacting provisions set out as notes under sections 1701z11, 1715n, and 1715z1a of this title and sections 5301 and 5318 of Title 42, amending provisions set out as notes under sections 1707 and 1715z1a of this title and section 3545 of Title 42, and repealing provisions set out as a note under section 1701z11 of this title] may be cited as the Multifamily Housing Property Disposition Reform Act of 1994.”
Short Title of 1992 AmendmentPub. L. 102550, title V, § 541, Oct. 28, 1992, 106 Stat. 3794, provided that: “This subtitle [subtitle C (§§ 541544) of title V of Pub. L. 102550, enacting sections 1715z22 and 1715z22a of this title] may be cited as the Multifamily Housing Finance Improvement Act.”
Short Title of 1984 AmendmentPub. L. 98440, § 1, Oct. 3, 1984, 98 Stat. 1689, provided: “That this Act [enacting section 77r1 of Title 15, Commerce and Trade, and amending sections 24, 1451, 1454, 1455, 1464, 1717, 1723, 1723a, 1723c, and 1757 of this title and sections 78c, 78g, 78h, and 78k of Title 15] may be cited as the Secondary Mortgage Market Enhancement Act of 1984.”
Short Title of 1983 AmendmentPub. L. 98181, title I, § 1(a), Nov. 30, 1983, 97 Stat. 1155, provided that: “Titles I through XI of this Act [enacting sections 635i1, 635i2, 635o to 635t, 1701g5b, 1701p1, 1701r1, 1701z10a, 1715z12 to 1715z18, and 3901 to 3912 of this title, section 1671g of Title 19, Customs Duties, sections 276c3, 283z3, 285x, 285y, 286b2, 286e1i, 286y, 286z, 286aa to 286gg, and 290g12 of Title 22, Foreign Relations and Intercourse, and sections 1437o to 1437q, 1490k to 1490o, and 3542 of Title 42, The Public Health and Welfare, amending sections 635, 635a, 635a2, 635a3, 635a4, 635b, 635e, 635f, 635g, 1437, 1701j2, 1701j3, 1701q, 1701s, 1701x, 1701z1, 1703, 1706d, 1706e, 1707, 1709, 1710, 1713, 1715e, 1715h, 1715k, 1715l, 1715n, 1715u, 1715v, 1715w, 1715y, 1715z, 1715z1, 1715z1a, 1715z5, 1715z6, 1715z7, 1715z9, 1715z10, 1721, 1735, 1735b, 1735c, 1735f4, 1735f8, 1735f9, 1748h1, 1748h2, 1749bb, 1749aaa, 1749bbb to 1749bbb2, 1749bbb5 to 1749bbb20, 1812, 2602, 2607, 2614, 2617, 2803, 2807, 2809, 2810, 3202, 3602, 3606, 3609, 3612, 3618, 3620, 3703, and 3804 of this title, sections 1671a and 1671b of Title 19, sections 262d, 286b, 286c, 286e2, and 286q of Title 22, sections 1437a, 1437c, 1437d, 1437f, 1437g, 1437n, 1437l, 1439, 1452, 1452b, 1456, 1471, 1472, 1474, 1476, 1479 to 1481, 1483 to 1487, 1490, 1490a, 1490c, 1490e, 1490f, 1490j, 1500c2, 2414, 3103, 3936, 4003, 4011 to 4020, 4022 to 4025, 4026, 4027, 4041, 4051 to 4054, 4055, 4056, 4071, 4072, 4081 to 4084, 4101 to 4107, 4121 to 4123, 4127, 4128, 5301, 5302 to 5308, 5312, 5316, 5318, 6872, 8007, 8010, and 8107 of Title 42, and section 2166 of the Appendix to Title 50, War and National Defense, repealing sections 17091, 1720, and 1723e of this title, section 484b of former Title 40, Public Buildings, Property, and Works, and sections 1482, 1490g, 1490i, 1500c, 3901, 3902 to 3906, 3908, 3909, 3911, 3914, 4511 to 4524, and 4528 to 4532 of Title 42, enacting provisions set out as notes under sections 635, 635a, 635o, 1701q, 1701z6, 1709, 1713, 1715z14, 1720, 2602, 3620, and 3901 of this title, section 484b of former Title 40, and sections 602, 1436a, 1437a, 1437f, 1441, 1472, 1490a, 3901, 4015, 4122, 4518, 5316, and 5318 of Title 42, amending provisions set out as notes under section 5301 of Title 42, and repealing provisions set out as notes under sections 17091 and 1723 of this title and sections 1437a and 3901 of Title 42] may be cited as the Domestic Housing and International Recovery and Financial Stability Act.” Pub. L. 98181, title I, § 1(b), Nov. 30, 1983, 97 Stat. 1155, provided that: “Titles I through V of this Act [enacting sections 1701g5b, 1701p1, 1701r1, 1701z10a, and 1715z12 to 1715z18 of this title and sections 1437o to 1437q, 1490k to 1490o, and 3542 of Title 42, The Public Health and Welfare, amending sections 1701j2, 1701j3, 1701q, 1701s, 1701x, 1701z1, 1703, 1706d, 1706e, 1707, 1709, 1710, 1713, 1715e, 1715h, 1715k, 1715l, 1715n, 1715u, 1715v, 1715w, 1715y, 1715z, 1715z1, 1715z1a, 1715z5, 1715z6, 1715z7, 1715z9, 1715z10, 1721, 1735, 1735b, 1735c, 1735f4, 1735f8, 1735f9, 1748h1, 1748h2, 1749bb, 1749aaa, 1749bbb to 1749bbb2, 1749bbb5 to 1749bbb20, 2602, 2607, 2614, 2617, 3602, 3606, 3609, 3612, 3618, 3620, 3703, and 3804 of this title, and sections 1437a, 1437c, 1437d, 1437f, 1437g, 1437n, 1437l, 1439, 1452, 1452b, 1456, 1471, 1472, 1474, 1476, 1479 to 1481, 1483 to 1487, 1490, 1490a, 1490c, 1490e, 1490f, 1490j, 1500c2, 2414, 3103, 3936, 4003, 4011 to 4020, 4022 to 4025, 4026, 4027, 4041, 4051 to 4054, 4055, 4056, 4071, 4072, 4081 to 4084, 4101 to 4107, 4121 to 4123, 4127, 4128, 5301, 5302 to 5308, 5312, 5316, 5318, 6872, 8007, 8010, and 8107 of Title 42, repealing sections 17091, 1720, and 1723e of this title, section 484b of former Title 40, Public Buildings, Property, and Works, and sections 1482, 1490g, 1490i, 1500c, 3901, 3902 to 3906, 3908, 3909, 3911, 3914, 4511 to 4524, and 4528 to 4532 of Title 42, enacting provisions set out as notes under sections 1701q, 1701z6, 1709, 1713, 1715z14, 1720, 2602, and 3620 of this title, section 484b of former Title 40, and sections 602, 1436a, 1437a, 1437f, 1441, 1472, 1490a, 3901, 4015, 4122, 4518, 5316, and 5318 of Title 42, amending provisions set out as notes under section 5301 of Title 42, and repealing provisions set out as notes under sections 17091 and 1723 of this title and sections 1437a and 3901 of Title 42] may be cited as the Housing and Urban-Rural Recovery Act of 1983.”
Short Title of 1979 AmendmentPub. L. 96153, title III, § 311(a), Dec. 21, 1979, 93 Stat. 1115, provided that: “This section [amending section 1715z10 of this title] may be cited as the Homeownership Opportunity Act of 1979.”
Short Title of 1978 AmendmentPub. L. 95630, title VII, § 701, Nov. 10, 1978, 92 Stat. 3687, provided that: “This title [amending section 1730 of this title] may be cited as the Change in Savings and Loan Control Act of 1978.”
Short Title of 1977 AmendmentPub. L. 9524, § 1, Apr. 30, 1977, 91 Stat. 55, provided: “That this Act [amending sections 1706e, 1715k, 1715l, 1735c, 1749bbb, and 1749bbb8 of this title and sections 1437c, 1437f, 1437g, and 1451 of Title 42, The Public Health and Welfare, and enacting provisions set out as a note under section 1441 of Title 42] may be cited as the Supplemental Housing Authorization Act of 1977.”
Short Title of 1976 AmendmentPub. L. 94375, § 1, Aug. 3, 1976, 90 Stat. 1067, provided that: “This Act [enacting section 1701z7 of this title, amending sections 1464, 1701j2, 1701q, 1701z1 to 1701z3, 1706e, 1713, 1715e, 1715k, 1715l, 1715v, 1715y, 1715z, 1715z1, 1715z6, 1715z9, 1715z10, 1723, 1723a, 1723e, 1735b, 1735c, 2708, 2709, and 2710 of this title, section 5315 of Title 5, Government Organization and Employees, section 461 of former Title 40, Public Buildings, Property, and Works, sections 1437a, 1437c, 1437f, 1437g, 1452b, 1480, 1490, 1490a, 3535, 4056, 4106, 4127, 4521, 5303, 5305, 5307, and 5316 of Title 42, The Public Health and Welfare, enacting provisions set out as notes under sections 1437c and 1723e of this title, section 461 of former Title 40, and section 1382 of Title 42, and amending provisions set out as notes under sections 1715e and 1723e of this title] may be cited as the Housing Authorization Act of 1976.”
Short Title of 1975 AmendmentPub. L. 9413, prec. § 1, Apr. 8, 1975, 89 Stat. 68, provided: “That this Act [amending section 1749bbb of this title and enacting provisions set out as a note under section 1749bbb of this title] may be cited as the National Insurance Development Act of 1975.”
Short Title of 1974 AmendmentPub. L. 93449, § 1, Oct. 18, 1974, 88 Stat. 1364, provided that: “This Act [enacting section 1723e of this title, amending sections 347b, 1430, 1464, 1703, and 1709 of this title, enacting provisions set out as notes under section 1723e of this title, and amending provisions set out as a note under section 1904 of this title] may be cited as the Emergency Home Purchase Assistance Act of 1974.”
Short Title of 1970 AmendmentsPub. L. 91609, § 1, Dec. 31, 1970, 84 Stat. 1770, provided: “That this Act [enacting sections 1466a, 1701z1 to 1701z4, 17092, 1735f2, 1749bbb6a, and 1749bbb10a to 1749bbb10d of this title; sections 694a and 694b of Title 15, Commerce and Trade; and chapter 59 (§§ 4501 et seq. and 4511 et seq.) of Title 42, The Public Health and Welfare; amending sections 371, 1431, 1432, 1464, 1701s, 1701x, 1703, 1712, 1715c, 1715e, 1715h, 1715l, 1715z, 1715z1, 1715z3, 1715z6, 1715z7, 1717, 1718, 1730a, 1735b to 1735d, 1748h1, 1748h2, 1749, 1749bb, 1749cc, 1749aaa, 1749bbb, 1749bbb2, 1749bbb7, 1749bbb8, 1749bbb11 to 1749bbb15, 1813, and 1817 of this title; sections 692 to 694 and 1705 of title 15; section 617 of Title 16, Conservation; section 1014 of Title 18, Crimes and Criminal Procedure; section 803 of Title 20, Education; sections 461 and 484b of former Title 40, Public Buildings, Property, and Works; and sections 1401, 1402, 1410, 1415, 1421b, 1453, 1456, 1458, 1460, 1465, 1471, 1474, 1478, 1484 to 1487, 1490, 1492, 1500 to 1500d1, 3108, 3311, 3356, 3533, 3535, 3906, 3907, and 3911 of Title 42; repealing sections 1701d3 1701e, and 1701f of this title and sections 1436, 1452a, 3372, and 3373 of Title 42; enacting provisions set out as notes under section 694a of Title 15, and sections 1402, 1415, 1436, 1453, 1500 and 4501 of Title 42; amending provisions set out as notes under sections 1701c, 1716b, and 1749bbb of this title; and repealing provisions set out as notes under sections 1464 and 1701e of this title and section 1456 of Title 42] may be cited as the Housing and Urban Development Act of 1970.” Pub. L. 91351, § 1, July 24, 1970, 84 Stat. 450, provided: “That this Act [enacting sections 1451 to 1459 and 1715z8 of this title, and section 3941 of Title 42, The Public Health and Welfare, amending sections 82, 371, 1464, 17091, 1715z3, 1717, 1719, 1720, 1726, 1730a, and 1749 of this title, and section 3906 of Title 42, and enacting provisions set out as notes under sections 1430, 1451, 1710, and 1715z8 of this title, and section 1452 of Title 42] may be cited as the Emergency Home Finance Act of 1970.”
Short Title of 1969 AmendmentPub. L. 91152, § 1, Dec. 24, 1969, 83 Stat. 379, provided: “That this Act [enacting sections 806 and 807 of Title 20, Education, section 484b of former Title 40, Public Buildings, Property, and Works, and sections 1490d and 4056 of Title 42, The Public Health and Welfare, amending sections 1425, 1464, 1701q, 1701s, 1701u, 1703, 1706d, 1707, 1709, 17091, 1713, 1715d, 1715e, 1715h, 1715k, 1715l, 1715m, 1715n, 1715v, 1715w, 1715y, 1715z, 1715z1, 1715z2, 1715z3, 1717, 1720, 1727, 1748h1, 1748h2, 1749, 1749bb, 1749aaa, 1749bbb8, 1749bbb9, and 1749bbb15 of this title, section 1702 of Title 15, Commerce and Trade, sections 801 to 805, and 811 of Title 20, section 461 of former Title 40, sections 1402, 1409, 1410, 1414, 1415, 1421b, 1441c, 1451, 1452, 1452b, 1453, 1455, 1460, 1463, 1466, 1467, 1468, 1468a, 1469b, 1483, 1485, 1487, 1489, 1496, 1500a, 3102, 3108, 3311, 3356, 3371, 3372, 3911, 4001, 4012, 4022, 4102, and 4121, of Title 42, and sections 1603 and 1604 of Title 49, Transportation, repealing section 1488 of Title 42, and enacting provisions set out as notes under section 1727 of this title, and section 1402 of Title 42] may be cited as the Housing and Urban Development Act of 1969.”
Short Title of 1968 AmendmentsPub. L. 90448, § 1, Aug. 1, 1968, 82 Stat. 476, provided: “That this Act [enacting sections 1701t to 1701z, 1715z to 1715z7, 1716b and 1749bbb to 1749bbb21 of this title, sections 1701 to 1720 of Title 15, Commerce and Trade, and sections 1417a, 1441a to 1441c, 1468a, 1469 to 1469c, 1490a to 1490c, 3533a, 3901 to 3914, 3931 to 3940, 4001, 4011 to 4027, 4041, 4051 to 4055, 4071, 4072, 4081 to 4084, 4101 to 4103, and 4121 to 4127 of Title 42, The Public Health and Welfare, amending sections 24, 371, 378, 1431, 1432, 1436, 1464, 1701d4, 1701q, 1701s, 1703, 1709, 17091, 1715c, 1715e, 1715k to 1715o, 1715q, 1715r, 1715w to 1715y, 1716, 1717 to 1723a, 1723c, 1735c, 1735d, 1748h2, 1749, 1749b, 1749c, 1749aaa and 1757 of this title, sections 5315 of Title 5, Government Organization and Employees, sections 633 and 636 of Title 15, section 709 of Title 18, Crimes and Criminal Procedure, sections 801, 802 and 805 of Title 20, Education, section 846 of former Title 31, Money and Finance, section 1820 [now 3720] of Title 38, Veterans Benefits, sections 461, 462 and 612 of former Title 40, Public Buildings, Property and Works, section 207 of former Title 40, Appendix, sections 1401, 1402, 1403, 1410, 1415, 1420, 1421b, 1436, 1451, 1452 to 1453, 1455, 1456, 1457, 1460, 1462, 1465 to 1468, 1483, 1484, 1492, 1500a, 1500d, 2414, 3101, 3102, 3104, 3108, 3311, 3331, 3332, 3335, 3336, 3338, 3356, 3372, 3534 and 3535 of Title 42, and sections 1603 to 1605 and 1608 of Title 49, Transportation, repealing sections 1417, 2401 to 2413 and 2415 to 2421 of Title 42, and note set out under section 2401 of Title 42, and enacting provisions set out as notes under this section and sections 1701c, 1709, 17091, 1715z, 1715z1, 1716b, 1717, 1721 and 1749bbb of this title, section 7313 of Title 5, section 1701 of Title 15, and sections 1417, 1436, 1452, 1469, 3901 and 4001 of Title 42] may be cited as the Housing and Urban Development Act of 1968.” Pub. L. 90448, title XI, § 1101, Aug. 1, 1968, 82 Stat. 555, provided that: “This title [enacting subchapter IXC of chapter 13 of this title and section 3533a of Title 42, The Public Health and Welfare, amending sections 1701s(c)(2)(E), 1709(h) and 1735d(b) of this title, section 5315 of Title 5, Government Organization and Employees, section 636 of Title 15, and section 1462 of Title 42, and enacting provisions set out as a note under section 7313 of Title 5] may be cited as the Urban Property Protection and Reinsurance Act of 1968.” Pub. L. 90255, § 1, Feb. 14, 1968, 82 Stat. 5, provided: “That this Act [amending section 1730a of this title] may be cited as the Savings and Loan Holding Company Amendments of 1967.”
Short Title of 1966 AmendmentPub. L. 89429, § 1, May 24, 1966, 80 Stat. 164, provided: “That this act [enacting section 745 of Title 20, Education, amending sections 1717, 1720(c), 1749(d), and 1757(7) of this title, section 1988(c) of Title 7, Agriculture, and section 743(c) of Title 20, and enacting provisions set out as a note under section 1717 of this title and section 262 of former Title 5, Executive Departments and Government Officers and Employees] may be cited as the Participation Sales Act of 1966.”
Short Title of 1965 AmendmentPub. L. 89117, § 1, Aug. 10, 1965, 79 Stat. 451, provided: “That this Act [enacting sections 1701s and 1735c to 1735h, and subchapter IXA of chapter 13 of this title, subchapter IVA of chapter 14B of Title 15, Commerce and Trade, and sections 1421b, 1466 to 1468, 1500c1, 1500c2, 1500c3, and 1487 to 1490, and chapters 36 and 37 of Title 42, The Public Health and Welfare, and provisions set out as notes under sections 1701d3, 1701q, and 1749 of this title, section 462 of former Title 40, Public Buildings, Property, and Works, and sections 1451, 1453, 1455, 1460, 1465, 1466, and 3074 of Title 42, amending sections 371, 1464, 1701q, 1701o, 1701h, 1702, 1703, 1706c, 1709, 1710, 1713, 1715, 1715c, 1715e, 1715h, 1715k, 1715l, 1715m, 1715n, 1715t, 1715v, 1715w, 1715x, 1715y, 1717, 1718, 1720, 1721, 1727, 1739, 1743, 1744, 1747f, 1747g, 1748b, 1748h, 1748h1, 1748h2, 1749, 1749c, 1750, 1750c, and 1750g of this title, sections 633 and 671 of Title 15, sections 802 and 803 of Title 20, Education, sections 1804 [now 3704] and 1816 [now 3732] of Title 38, Veterans Benefits, sections 461 and 462 of former Title 40, sections 1402, 1410, 1412, 1415, 1421a, 1422, 1451, 1452, 1452b, 1453, 1455, 1456, 1460, 1463, 1465, 1471, 1472, 1476, 1481, 1482, 1483, 1485, 1492, 1500, 1500a, 1500b, 1500c, 1500d, and 1500e of Title 42, and sections 1605 and 1608 of Title 49, Transportation, and repealing sections 1715j, 1737, 1740, 1747i, 1748a, 1748c, 1750a and 1750d of this title] may be cited as the Housing and Urban Development Act of 1965.”
Short Title of 1964 AmendmentPub. L. 88560, § 1, Sept. 2, 1964, 78 Stat. 769, provided: “That this act [enacting sections 1730b, 1735a, and 1735b of this title, sections 801 to 805 and 811 of Title 20, Education, and sections 1452b, 1465, and 1486 of Title 42, The Public Health and Welfare, amending sections 24, 371, 1430, 1431, 1436, 1464, 1701q, 1703, 1709, 1710, 1713, 1715c, 1715e, 1715k to 1715n, 1715r, 1715u to 1715y, 1717, 1719 to 1721, 1723b, 1723c, 1726, 1739, 1748h2, 1749c, and 1750c of this title, sections 636 and 637 of Title 15, Commerce and Trade, sections 1820 and 1823 of Title 38, Veterans Benefits, sections 461 and 462 of former Title 40, Public Buildings, Property and Works, and sections 1402, 1410, 1415, 1436, 1451, 1452, 1452a, 1453, 1455, 1456, 1457, 1460, 1476, 1481 to 1483, 1485, 1492, 1500a, and 1504a of Title 42, and enacting provisions set out as notes under section 1713 of this title, section 461 of former Title 40, and sections 1415, 1451, 1455, 1460, and 1465 of Title 42] may be cited as the Housing Act of 1964.”
Short Title of 1962 AmendmentPub. L. 87723, § 1, Sept. 28, 1962, 76 Stat. 670, provided: “That this Act [enacting section 1701r of this title and section 1485 of Title 42, The Public Health and Welfare, and amending sections 84 and 1701q of this title and sections 1471, 1472, 1474, 1476 and 1481 of Title 42] may be cited as the Senior Citizens Housing Act of 1962.
Short Title of 1961 AmendmentPub. L. 8770, § 1, June 30, 1961, 75 Stat. 149, provided: “That this Act [enacting sections 1715x and 1715y of this title and sections 1436, 1484, 1497 and 1500 to 1500e of Title 42, The Public Health and Welfare, amending sections 371, 1464, 1701c, 1701q, 1703, 1709, 1710, 1713, 1715, 1715c, 1715e, 1715h, 1715j, 1715k, 1715l, 1715n, 1715o, 1715q, 1715r, 1715t, 1715v, 1715w, 1717, 1718, 1719, 1720, 1721, 1723a, 1723b, 1748b, 1748h2, 1749, 1749b, 1749c, and 1750jj of this title, section 631, 633 and 636 of Title 15, Commerce and Trade, sections 461 and 462 of former Title 40, Public Buildings, Property, and Works, and sections 1402, 1410, 1415, 1421, 1421a, 1434, 1451, 1452, 1453, 1454, 1455, 1456, 1457, 1460, 1463, 1471, 1472, 1476, 1477, 1478, 1481, 1482, 1483, 1491, 1492, 1493, and 1594i of Title 42, and amending provisions set out as a note under section 1592c of Title 42] may be cited as the Housing Act of 1961.”
Short Title of 1959 AmendmentPub. L. 86372, § 1, Sept. 23, 1959, 73 Stat. 654, provided: “That this Act [enacting sections 1701q, 1715t to 1715w, and 17482 of this title, and section 1463 of Title 42, The Public Health and Welfare, amending sections 24, 1464, 1703, 1706c, 1709, 1710, 1713, 1715c to 1715e, 1715h, 1715k1715m, 1715r, 1717, 1719 to 1721, 1723b, 1731a, 1747, 1748b, 1748g, 1748h1, 1749, 1749a, 1749c, and 1750jj of this title, sections 461 and 462 of former Title 40, Public Buildings, Property and Works, and sections 1401, 1402, 1410, 1415, 1450, 1451, 1452, 1453, 1455, 1456, 1457, 1460, 1586, 1594a and 1594j of Title 42, repealing section 1715i of this title, and enacting provisions set out as notes under sections 1720 and 1721 of this title and under sections 1456, 1460, 1476 and 1592c of Title 42] may be cited as the Housing Act of 1959.”
Short Title of 1956 AmendmentAct Aug. 7, 1956, ch. 1029, § 1, 70 Stat. 1091, provided: “That this Act [enacting sections 1701d3 and 1701h1, of this title and sections 1462, 1496, 1589d, and 1594f of Title 42, The Public Health and Welfare; amending sections 1464, 1703, 1709, 1713, 1715e, 1715h, 1715k, 1715l, 1715r, 1717 to 1721, 1748, 1748b and 1749 of this title; section 694l of former Title 38, Pensions, Bonuses, and Veterans Relief; section 461 of former Title 40, Public Buildings, Property, and Works; and sections 1402, 1410, 1412, 1415, 1421, 1451, 1452, 1454, 1455, 1456, 1460, 1481 to 1483, 1594, 1594a, 1594b, 1594c of Title 42; repealing section 1411b of Title 42; and enacting provisions set out as notes under section 1703 of this title and under sections 1481, 1592c and 1594 of Title 42] may be cited as the Housing Act of 1956.”
Short Title of 1955 AmendmentAct Aug. 11, 1955, ch. 783, § 1, 69 Stat. 635, provided: “That this Act [enacting section 1701d2 of this title and sections 1491 to 1495 and 1594 to 1594e of Title 42, The Public Health and Welfare; amending sections 1426, 1427, 1437, 1464, 1703, 1710, 1713, 1715e, 1715h, 1715k, 1715l, 1715n, 1715r, 1720, 1726, 1729, 1739, 1748 to 1748g, 1749, 1749c of this title; section 462 of former Title 40, Public Buildings, Property, and Works; sections 1410, 1451, 1453, 1456, 1460, 1481 to 1483, 1585 and 1591c of Title 42; and sections 480, 480a, 721, 721a, 910, 910a, 1408, 1408b, and 1408c of Title 48, Territories and Insular Possessions; repealing sections 1748g1 and 1748h of this title; and enacting provisions set out as notes under sections 1426, 1715e, and 1749 of this title; section 1594 of Title 42; and under sections 480 and 1408 of Title 48] may be cited as the Housing Amendments of 1955.” Act Aug. 11, 1955, ch. 783, title III, § 304, 69 Stat. 646, provided that the amendments to sections 1749 and 1749c of this title by act Aug. 11, 1955, may be cited as the “College Housing Amendments of 1955”.
Short Title of 1954 AmendmentAct Aug. 2, 1954, ch. 649, § 1, 68 Stat. 590, provided: “That this Act [enacting sections 1701j1, 1701n to 1701p, 1702a, 1715k to 1715s, 1722 to 1723d, 1731a, 1731b, 1746a and 1750aa to 1750jj of this title; sections 460 to 462 of former Title 40, Public Buildings, Property, and Works; and sections 1411d, 1434, 1435, 1446, 1450, 1452a, 1455a, and 1589c of Title 42, The Public Health and Welfare; amending sections 24, 1430, 1431, 1436, 1464, 1701, 1703, 1706c, 1709, 1710, 1711, 1713, 1715c, 1715e, 1715h, 1715j, 1716, 1717 to 1721, 1725, 1728, 1729, 1730, 1748b, 1749, 1750b, 1750c and 1750g of this title; section 709 of Title 18, Crimes and Criminal Procedure; section 272 of Title 20, Education; section 694a of former Title 38, Pensions, Bonuses, and Veterans Relief; section 459 of former Title 40; and sections 1407, 1410, 1415, 1416, 1451, 1452, 1453, 1454, 1455, 1456, 1457, 1459, 1460, 1481 to 1483, 1585, 1587, 1591c and 1592a of Title 42; repealing sections 1701j, 1706, 17161 and 1716a of this title; section 456 of former Title 40; sections 1451a, 1461 and 1551 of Title 42; and sections 484e, 724, and 1426 of Title 48, Territories and Insular Possessions; and enacting provisions set out as notes under sections 1703, 1710, 1715n, 1715s, and 1716 of this title; section 846 of former Title 31, Money and Finance; and under sections 1434, 1446, and 1450 of Title 42] may be cited as the Housing Act of 1954.” Act June 27, 1934, title III, § 312, as added Aug. 2, 1954, ch. 649, § 201, 68 Stat. 622, provided that: “This title III [enacting sections 1722 to 1723c of this title and amending sections 1716 to 1721 of this title] may be referred to as the Federal National Mortgage Association Charter Act.”
Short Title of 1953 AmendmentAct June 30, 1953, ch. 170, § 1, 67 Stat. 121, provided: “This Act [enacting sections 1715j and 1735 of this title, and sections 723 and 1425 of Title 48, Territories and Insular Possessions; amending sections 1701j, 1706c(b), 1709, 1711(c)(i), 1715d, 1715e(d), 1715h, 1716(a), 17161, 1717, 1748b(a), (b), 1749(a), 1750b(a), and 1750g(b) of this title, sections 1402(10), 1456(e), 1460(g), 1591(a), 1591c, 1592d(c), and 1592n(e) of Title 42, The Public Health and Welfare, and section 2166(c) of the Appendix to Title 50, War and National Defense; and enacting provisions set out as a note under section 1463 of this title, relating to dissolution and abolishment of the Home Owners Loan Corporation] may be cited as the Housing Amendments of 1953.”
Short Title of 1952 AmendmentAct July 14, 1952, ch. 723, § 1, 66 Stat. 601, provided that: “This Act [enacting sections 1701m, 1706d, and 1715i of this title and amending sections 1422, 1423, 1464, 1466, 1701g2, 1707, 1713, 1715d, 1715h, 1716, 1717, 1726, 1736, 1745, 1747l, 1748, and 1750b of this title; sections 1481 to 1483, 1589a, 1592a, 1592l, and 1593 of Title 42, The Public Health and Welfare; and sections 484 and 484d of Title 48, Territories and Insular Possessions] may be cited as the Housing Act of 1952.”
Short Title of 1950 AmendmentAct Apr. 20, 1950, ch. 94, § 1, 64 Stat. 48, provided that “This Act [enacting sections 1701j to 1701l, 1715e, 1715f, and 1749 to 1749c of this title and sections 1581 to 1589 and 1590 of Title 42, The Public Health and Welfare; amending sections 371, 1430, 1701c, 1703, 1705, 1706, 1706b, 1706c, 1707 to 1709, 1710 to 1715, 1715b, 1715c, 1716, 1717, 1720, 1721, 1736 to 1746, 1747 to 1747c, and 1747e to 1747l of this title, section 1017 of Title 7, Agriculture, section 604 of Title 15, Commerce and Trade, and sections 1412, 1521 to 1524, 1532, 1533, 1542 to 1548, 1552, 1553, 1561, 1571, 1572, and 1575 of Title 42; and enacting provisions set out as notes under sections 1701, 1701k, 1703, and 1709 of this title, section 1017 of Title 7, and section 1412 of Title 42] may be cited as the Housing Act of 1950.”
Short Title of 1948 AmendmentAct Aug. 10, 1948, ch. 832, § 1, 62 Stat. 1268, provided that: “This Act [enacting sections 1701c, 1701e to 1701g3, 1702, 1703, 1709, 1710, 1713, 1716, 1738, 1743 to 1746, and 1747 to 1747l of this title; section 846 of former Title 31, Money and Finance; section 694 of former Title 38, Pensions, Bonuses, and Veterans Relief; and section 1404a of Title 42, The Public Health and Welfare] may be cited as the Housing Act of 1948.”
RegulationsPub. L. 106569, title VIII, § 802, Dec. 27, 2000, 114 Stat. 3018, provided that: “The Secretary of Housing and Urban Development (referred to in this title as the Secretary) shall issue any regulations to carry out this title [see section 801 of Pub. L. 106569, set out as a Short Title of 2000 Amendment note above] and the amendments made by this title that the Secretary determines may or will affect tenants of federally assisted housing only after notice and opportunity for public comment in accordance with the procedure under section 553 of title 5, United States Code, applicable to substantive rules (notwithstanding subsections (a)(2), (b)(B), and (d)(3) of such section). Notice of such proposed rulemaking shall be provided by publication in the Federal Register. In issuing such regulations, the Secretary shall take such actions as may be necessary to ensure that such tenants are notified of, and provided an opportunity to participate in, the rulemaking, as required by such section 553.”
Savings ProvisionPub. L. 110289, div. B, title I, § 2131, July 30, 2008, 122 Stat. 2843, provided that: “Any mortgage insured under title II of the National Housing Act [12 U.S.C. 1707 et seq.] before the date of enactment of this subtitle [July 30, 2008] shall continue to be governed by the laws, regulations, orders, and terms and conditions to which it was subject on the day before the date of the enactment of this subtitle.”
ImplementationPub. L. 110289, div. B, title I, § 2132, July 30, 2008, 122 Stat. 2843, provided that: “The Secretary of Housing and Urban Development shall by notice establish any additional requirements that may be necessary to immediately carry out the provisions of this subtitle [subtitle A (§§ 21112133) of title I of div. B of Pub. L. 110289, see Short Title of 2008 Amendment note above]. The notice shall take effect upon issuance.”
Preferences for Native Hawaiians on Hawaiian Home Lands Under HUD ProgramsSecretary of Housing and Urban Development to provide a preference to native Hawaiians for housing assistance programs under this chapter for housing located on Hawaiian home lands, see section 958 of Pub. L. 101625, set out as a note under section 1437f of Title 42, The Public Health and Welfare.
Limitation on Withholding or Conditioning of AssistanceAssistance provided for in Housing and Community Development Act of 1974, National Housing Act, United States Housing Act of 1937, Housing Act of 1949, Demonstration Cities and Metropolitan Development Act of 1966, and Housing and Urban Development Acts of 1965, 1968, 1969, and 1970 not to be withheld or made subject to conditions by reason of tax-exempt status of obligations issued or to be issued for financing of assistance, except as otherwise provided by law, see section 817 of Pub. L. 93383, set out as a note under section 5301 of Title 42, The Public Health and Welfare.
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# 12 U.S.C. § 1701a - Short title of amendment of 1938
## Text
The Act of February 3, 1938, ch. 13, 52 Stat. 8, may be cited as the “National Housing Act Amendments of 1938.”
(Feb. 3, 1938, ch. 13, § 1, 52 Stat. 8.)
## Notes
Editorial Notes
References in TextThe National Housing Act Amendments of 1938, referred to in text, enacted sections 1715a, 1715b, and 1733 of this title and amended sections 24, 1703, 1707 to 1709, 1710 to 1715, 1716, 1717, 1718, and section 1731 [see sections 433, 493, 657, 1006, and 1008 to 1010 of Title 18, Crimes and Criminal Procedure] of this title.
Codification Section was enacted as part of the National Housing Act Amendments of 1938, and not as part of the National Housing Act which comprises this chapter.
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# 12 U.S.C. § 1701b - Short title of amendment of 1942
## Text
The Act of May 26, 1942, ch. 319, 56 Stat. 301, may be cited as the “National Housing Act Amendments of 1942”.
(May 26, 1942, ch. 319, § 15, 56 Stat. 305.)
## Notes
Editorial Notes
References in TextThe National Housing Act Amendments of 1942, referred to in text, enacted section 1743 of this title, amended heading of subchapter VI of this chapter [preceding section 1736 of this title], amended sections 1703, 1715c, 1737, 1738, 1739, and 1740 of this title, and enacted provisions set out as a note under section 1743 of this title.
Codification Section was enacted as part of the National Housing Act Amendments of 1942, and not as part of the National Housing Act which comprises this chapter.
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# 12 U.S.C. § 1701c1 - Omitted
## Notes
Editorial Notes
Codification Section, act June 24, 1954, ch. 359, title I, § 101, 68 Stat. 283, provided for promotion of economy, efficiency and fidelity in operations of Housing and Home Finance Agency by its Administrator, on and after June 24, 1954, under Reorg. Plan No. 3 of 1947, eff. July 27, 1947, 12 F.R. 4981, 61 Stat. 954, set out in the Appendix to Title 5, Government Organization and Employees, through assignment and reassignment of functions, reorganizations, and reallocation and transfers of administrative expense funds and authority. Functions, powers, and duties of such agency, its head and other officers were transferred to and vested in the Secretary of Housing and Urban Development by Pub. L. 89174, § 5, Sept. 9, 1965, 79 Stat. 669, classified to section 3534 of Title 42, The Public Health and Welfare.
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# 12 U.S.C. § 1701c - Secretary of Housing and Urban Development
## Text
In carrying out his functions, powers, and duties—
(a) Employment of personnel; delegation of functions The Secretary of Housing and Urban Development may appoint such officers and employees as he may find necessary, which appointments shall be subject to the civil-service laws and chapter 51 and subchapter III of chapter 53 of title 5. The Secretary may make such expenditures as may be necessary to carry out his functions, powers, and duties, and there are authorized to be appropriated to the Secretary, out of any moneys in the Treasury not otherwise appropriated, such sums as may be necessary to carry out such functions, powers, and duties and for administrative expenses in connection therewith. The Secretary, without in any way relieving himself from final responsibility, may delegate any of his functions and powers to such officers, agents, or employees as he may designate, may authorize such successive redelegations of such functions and powers, as he may deem desirable, and may make such rules and regulations as may be necessary to carry out his functions, powers, and duties.
(b) Omitted
(c) Additional powers and duties of Secretary and Federal Home Loan Bank Board The Secretary of Housing and Urban Development, the Comptroller of the Currency, and the Federal Deposit Insurance Corporation, respectively, may, in addition to and not in derogation of any powers and authorities conferred elsewhere in this Act—
(1) with the consent of the agency or organization concerned, accept and utilize equipment, facilities, or the services of employees of any Federal, State, or local public agency or instrumentality, educational institution, or nonprofit agency or organization and, in connection with the utilization of such services, may make payments for transportation while away from their homes or regular places of business and per diem in lieu of subsistence en route and at place of such service, in accordance with the provisions of section 5703 of title 5;
(2) utilize, contract with and act through, without regard to section 6101 of title 41, any Federal, State, or local public agency or instrumentality, educational institution, or non-profit agency or organization with the consent of the agency or organization concerned, and any funds available to said officers for carrying out their respective functions, powers, and duties shall be available to reimburse or pay any such agency or organization; and, whenever in the judgment of any such officer necessary, he may make advance, progress, or other payments with respect to such contracts without regard to the provisions of subsections (a) and (b) of section 3324 of title 31; and
(3) make expenditures for all necessary expenses, including preparation, mounting, shipping, and installation of exhibits; purchase and exchange of technical apparatus; and such other expenses as may, from time to time, be found necessary in carrying out their respective functions, powers, and duties: Provided, That funds made available for administrative expenses in carrying out the functions, powers, and duties imposed upon the Secretary of Housing and Urban Development and the Federal Home Loan Bank Agency,11 So in original. Probably should refer to the Federal Housing Finance Agency. respectively, by or pursuant to law may at their option be consolidated into a single administrative expense fund accounts of such officer or agency for expenditure by them, respectively, in accordance with the provisions hereof.
(d) Use of funds for library memberships The Secretary of Housing and Urban Development may utilize funds made available to him for salaries and expenses for payment in advance for dues or fees for library memberships in organizations (or for membership of the individual librarians in organizations which will not accept library membership) whose publications are available to members only, or to members at a price lower than to the general public, and for payment in advance for publications available only upon that basis or available at a reduced price on prepublication order.
(Aug. 10, 1948, ch. 832, title V, § 502, 62 Stat. 1283; Oct. 28, 1949, ch. 782, title XI, § 1106(a), 63 Stat. 972; Apr. 20, 1950, ch. 94, title V, § 503, 64 Stat. 80; Pub. L. 8770, title IX, § 909, June 30, 1961, 75 Stat. 192; Pub. L. 9019, § 5(d)(1)(3), (8)(13), May 25, 1967, 81 Stat. 21; Pub. L. 98479, title II, §§ 202(b), 203(c), Oct. 17, 1984, 98 Stat. 2228, 2229; Pub. L. 100242, title V, § 570(a)(1), (3), Feb. 5, 1988, 101 Stat. 1949, 1950; Pub. L. 10173, title III, § 306, Aug. 9, 1989, 103 Stat. 352; Pub. L. 111203, title III, § 370, July 21, 2010, 124 Stat. 1565.)
## Notes
Editorial Notes
References in TextThis Act, referred to in subsec. (c), is act Aug. 10, 1948, ch. 832, 62 Stat. 1268, known as the Housing Act of 1948. For complete classification of this Act to the Code, see Short Title of 1948 Amendments note set out under section 1701 of this title and Tables.
Codification In subsec. (c)(2), “section 6101 of title 41” substituted for “section 3709 of the Revised Statutes” on authority of Pub. L. 111350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. Subsec. (b) of section 502 of act Aug. 10, 1948, is set out as section 1404a of Title 42, The Public Health and Welfare. Section was enacted as part of the Housing Act of 1948, and not as part of the National Housing Act which comprises this chapter.
Amendments2010—Subsec. (c). Pub. L. 111203, § 370(1), substituted “, the Comptroller of the Currency, and the Federal Deposit Insurance Corporation” for “and the Director of the Office of Thrift Supervision” in introductory provisions. Subsec. (c)(3). Pub. L. 111203, § 370(2), substituted “Agency” for “Board”. 1989—Subsec. (c). Pub. L. 10173, § 306(a), which directed the substitution of “Director of the Office of Thrift Supervision” for “Federal Home Loan Bank Board (which term as used in this section shall also include and refer to the Federal Savings and Loan Insurance Corporation, the Home Owners Loan Corporation, and the Chairman of the Federal Home Loan Bank Board)”, was executed as directed, except that “Home Owners ” rather than “Home Owners” appeared in the original in the language struck out. Subsec. (c)(1). Pub. L. 10173, § 306(b), substituted “of any Federal, State, or local” for “of any State or local”. 1988—Subsec. (a). Pub. L. 100242, § 570(a)(1), struck out “The Secretary of Commerce or his designee shall hereafter be included in the membership of the National Housing Council.” Subsec. (c)(2). Pub. L. 100242, § 570(a)(3), inserted “and” at end. 1984—Subsec. (a). Pub. L. 98479, § 202(b)(1), substituted “chapter 51 and subchapter III of chapter 53 of title 5” for “the Classification Act of 1949, as amended”. Subsec. (c)(1). Pub. L. 98479, § 202(b)(2), substituted “section 5703 of title 5” for “5 U.S.C. 73b2”. Subsec. (c)(2). Pub. L. 98479, § 203(c), substituted “subsections (a) and (b) of section 3324 of title 31” for “section 3648 of the Revised Statutes [31 U.S.C. 529]”. 1967—Subsec. (a). Pub. L. 9019, § 5(d)(1)(3), substituted “Secretary of Housing and Urban Development” for “Housing and Home Finance Administrator” and “Secretary” for “Administrator” wherever appearing, and struck out provision for preparation of official seal and judicial notice thereof. Subsec. (c). Pub. L. 9019, § 5(d)(8), (9), substituted “Secretary of Housing and Urban Development and the Federal Home Loan Bank Board” for “Housing and Home Finance Administrator, the Home Loan Bank Board” where it first appears and “Federal Home Loan Bank Board” for “Home Loan Bank Board, the Federal Housing Commissioner, and the Public Housing Commissioner”. Subsec. (c)(3). Pub. L. 9019, § 5(d)(10), (11), substituted “Secretary of Housing and Urban Development and the Federal Home Loan Bank Board” and “such officer or agency” for “Housing and Home Finance Administrator, the Home Loan Bank Board, the Federal Housing Commissioner, and the Public Housing Commissioner” and “said officers or agencies”. Subsec. (d). Pub. L. 9019, § 5(d)(12), (13), substituted “Secretary of Housing and Urban Development may utilize funds made available to him” for “Housing and Home Finance Administrator, the Federal Housing Commissioner and the Public Housing Commissioner, respectively, may utilize funds made available to them” and struck out “of the respective agencies” after “librarians”. 1961—Subsec. (c)(3). Pub. L. 8770, § 909(1), struck out provisions which made section 5 of title 41 inapplicable to any purchase or contract by officers (or their agencies) for services or supplies if the amount thereof does not exceed $300. Subsec. (d). Pub. L. 8770, § 909(2), added subsec. (d). 1950—Act Apr. 20, 1950, amended third sentence of subsec. (a) to authorize the Administrator to permit redelegation of functions and powers which he had delegated previously to officers, agents, and employees but this does not relieve him of any final responsibility, and inserted “or pay” after “reimburse” in subsec. (c)(2). 1949—Subsec. (a). Act Oct. 28, 1949, substituted “Classification Act of 1949” for “Classification Act of 1923”.
Statutory Notes and Related Subsidiaries
Effective Date of 2010 AmendmentAmendment by Pub. L. 111203 effective on the transfer date, see section 351 of Pub. L. 111203, set out as a note under section 906 of Title 2, The Congress.
RepealsAct Oct. 28, 1949, ch. 782, cited as a credit to this section, was repealed (subject to a savings clause) by Pub. L. 89554, Sept. 6, 1966, § 8, 80 Stat. 632, 655.
Transfer of Functions Federal Home Loan Bank Board abolished and functions transferred, see sections 401 to 406 of Pub. L. 10173, set out as a note under section 1437 of this title.
Annual Report on Areas of Program Administration and Management Which Require ImprovementPub. L. 90448, § 5, Aug. 1, 1968, 82 Stat. 477, as amended by Pub. L. 91609, title IX, § 918, Dec. 31, 1970, 84 Stat. 1816, directed Secretary to report annually to Committees on Banking and Currency of House and Senate, identifying specific areas of program administration and management which require improvement, describing actions taken and proposed, and recommendations for legislation, prior to repeal by Pub. L. 93608, § 1(9), Jan. 2, 1975, 88 Stat. 1968.
Executive Documents
Executive Order No. 11196 Ex. Ord. No. 11196, Feb. 2, 1965, 30 F.R. 1171, which delegated functions to Housing and Home Finance Administrator, was revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237.
Emergency Preparedness Functions For assignment of certain emergency preparedness functions to Secretary of Housing and Urban Development, see Parts 1, 2, and 9 of Ex. Ord. No. 12656, Nov. 18, 1988, 53 F.R. 47491, set out as a note under section 5195 of Title 42, The Public Health and Welfare.
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# 12 U.S.C. § 1701d3 - Repealed. Pub. L. 91609, title V, § 503(3), Dec. 31, 1970, 84 Stat. 1785
## Notes
Section, acts Aug. 7, 1956, ch. 1029, title VI, § 602, 70 Stat. 1113; May 25, 1967, Pub. L. 9019, § 13(b), 81 Stat. 24; Aug. 12, 1970, Pub. L. 91375, § 6(e), 84 Stat. 776, related to research and provided for: authorization for specific programs; contracts and working agreements, amount of authorization, appropriations, duration of contract, and unexpended balances of appropriations; dissemination of data; acquisition and use of data; and authority of Secretary. See sections 1701z1 to 1701z4 of this title.
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# 12 U.S.C. § 1701d4 - Exchange and assembly of housing and urban planning and development data; payment of expenses; acceptance of funds, services, facilities, materials, and other donations; approval of Secretary of State for international programs and activities
## Text
(a) The Secretary of Housing and Urban Development may exchange data relating to housing and urban planning and development with other nations and assemble such data from other nations, through participation in international conferences and other means, where such exchange or assembly is deemed by him to be beneficial in carrying out his responsibilities under the Department of Housing and Urban Development Act [42 U.S.C. 3531 et seq.] or other legislation. In carrying out his responsibilities under this subsection the Secretary may—
(1) pay the expenses of participation in activities conducted under authority of this section including, but not limited to, the compensation, travel expenses, and per diem in lieu of subsistence of persons serving in an advisory capacity while away from their homes or regular places of business in connection with attendance at international meetings and conferences, or other travel for the purpose of exchange or assembly of data relating to housing and urban planning and development; but such travel expenses shall not exceed those authorized for regular officers and employees traveling in connection with said activities; and
(2) accept from international organizations, foreign countries, and private nonprofit foundations, funds, services, facilities, materials, and other donations to be utilized jointly in carrying out activities under this section.
(b) International programs and activities carried out by the Secretary under the authority provided in subsection (a) shall be subject to the approval of the Secretary of State for the purpose of assuring that such authority shall be exercised in a manner consistent with the foreign policy of the United States.
(Pub. L. 85104, title VI, § 604, July 12, 1957, 71 Stat. 305; Pub. L. 9019, § 14(b), May 25, 1967, 81 Stat. 24; Pub. L. 90448, title XVII, § 1709, Aug. 1, 1968, 82 Stat. 606.)
## Notes
Editorial Notes
References in TextThe Department of Housing and Urban Development Act, referred to in subsec. (a), is Pub. L. 89174, Sept. 9, 1965, 79 Stat. 667, which is classified principally to chapter 44 (§ 3531 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 3531 of Title 42 and Tables.
Codification Section was enacted as part of the Housing Act of 1957, and not as part of the National Housing Act which comprises this chapter.
Amendments1968—Pub. L. 90448 designated existing provisions as subsec. (a), inserted reference to assembly of data from other nations, and authorized payment of expenses of participation in activities conducted under authority of this section, and acceptance from international organizations, foreign countries, and private nonprofit foundations of funds, services, facilities, materials and other donations to be utilized jointly, and added subsec. (b). 1967—Pub. L. 9019 substituted “Secretary of Housing and Urban Development” and “Department of Housing and Urban Development” for “Housing and Home Finance Administrator” and “Housing and Home Finance Agency”, respectively.
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# 12 U.S.C. § 1701d - Repealed. Pub. L. 89554, § 8(a), Sept. 6, 1966, 80 Stat. 655
## Notes
Section, acts Aug. 10, 1948, ch. 832, title V, § 501(a), 62 Stat. 1283; Oct. 15, 1949, ch. 695, § 3, 63 Stat. 880, provided for compensation of Housing and Home Finance Administrator.
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# 12 U.S.C. § 1701f1 - Repealed. Pub. L. 9019, § 5(c), May 25, 1967, 81 Stat. 21
## Notes
Section, act Aug. 10, 1948, ch. 832, title III, § 304, as added July 15, 1949, ch. 338, title IV, § 401, 63 Stat. 431, provided for appointment, powers, and compensation of a Director. Section was previously repealed by Pub. L. 89534, § 8(a), Sept. 6, 1966, 80 Stat. 655.
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# 12 U.S.C. § 1701g4 - Omitted
## Notes
Editorial Notes
Codification Section, which placed restrictions on loans, was from the Independent Offices Appropriation Act, 1953, act July 5, 1952, ch. 578, title III, § 301, 66 Stat. 415, and was not repeated in subsequent appropriation acts.
Statutory Notes and Related Subsidiaries
Similar ProvisionsSimilar provisions were contained in Aug. 31, 1951, ch. 376, title IV, § 401, 65 Stat. 287.
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# 12 U.S.C. § 1701g5 - Revolving fund in connection with liquidating programs
## Text
There is established as of June 30, 1954, a revolving fund, and the Secretary of Housing and Urban Development is authorized to credit said fund with all moneys hereafter obtained or now held by him or by any constituent agency of the Department of Housing and Urban Development or any other official thereof, and to account under said fund for all assets and liabilities, in connection with (1) community facilities provided or assisted under title II of the Lanham Act, as amended [42 U.S.C. 1531 et seq.], or under title III of the Defense Housing and Community Facilities and Services Act of 1951, as amended [42 U.S.C. 1592 et seq.]; (2) loans or advances made pursuant to title V of the War Mobilization and Reconversion Act of 1944 (58 Stat. 791), or the Act of October 13, 1949; (3) functions transferred under Reorganization Plan No. 23 of 1950, or authorized under sections 102, 102a, 102b, and 102c of the Housing Act of 1948, as amended [12 U.S.C. 1701g to 1701g3]; (4) notes or other obligations purchased pursuant to the Alaska Housing Act, as amended (48 U.S.C. 484(a)); (5) subsistence homesteads and greentowns (Acts of June 29, 1936, 49 Stat. 2035, and May 19, 1949, 63 Stat. 68); (6) public war housing under title I of the Lanham Act, as amended [42 U.S.C. 1521 et seq.], and defense housing under title III of the Defense Housing and Community Facilities and Services Act of 1951, as amended [42 U.S.C. 1592 et seq.]; and (7) veterans re-use housing under title V of the Lanham Act, as amended [42 U.S.C. 1571 et seq.]: Provided, That said fund shall be available for all necessary expenses (including administrative expenses) in connection with the liquidation of the programs carried out pursuant to the foregoing provisions of law, including operation, maintenance, improvement, or disposition of facilities, and for disbursements pursuant to outstanding commitments against moneys herein authorized to be credited to said fund, repayment of obligations to the Treasury, and refinancing and refunding operations on existing loans: Provided further, That any amount in said fund which is determined to be in excess of requirements for the purposes hereof shall be declared and paid as liquidating dividends to the Treasury not less often than annually: Provided further, That after June 24, 1954, no additional notes or obligations shall be purchased from funds appropriated pursuant to the Alaska Housing Act, as amended (48 U.S.C. 484(d)), except for the furtherance or refinancing of an existing loan: Provided further, That except for extensions, or refinancing, of existing obligations the authority to issue obligations to the Secretary of the Treasury under section 1(4) of Reorganization Plan No. 23 of 1950, shall terminate on June 30, 1954.
(June 24, 1954, ch. 359, title II, § 201, 68 Stat. 295.)
## Notes
Editorial Notes
References in TextThe Lanham Act, as amended, referred to in cls. (1), (6), and (7), is act Oct. 14, 1940, ch. 862, 54 Stat. 1125, known as the Lanham Public War Housing Act. Title I of the Lanham Act is classified generally to subchapter II (§ 1521 et seq.) of chapter 9 of Title 42, The Public Health and Welfare. Titles II and V of the Lanham Act were classified to subchapters III (§ 1531 et seq.) and VI (§ 1571 et seq.), respectively, of chapter 9 of Title 42, and were omitted from the Code. For further details, see References in Text note set out under section 1522 of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 1501 of Title 42 and Tables. The Defense Housing and Community Facilities and Services Act, as amended, referred to in cls. (1) and (6), is act Sept. 1, 1951, ch. 378, 65 Stat. 293. Title III of the Act is classified generally to subchapter IX (§ 1592 et seq.) of chapter 9 of Title 42. For complete classification of this Act to the Code, see Short Title of 1951 Amendment note set out under section 1501 of Title 42 and Tables. The War Mobilization and Reconversion Act of 1944, referred to in cl. (2), is act Oct. 3, 1944, ch. 480, 58 Stat. 785, which was classified to section 1651 et seq. of the former Appendix to Title 50, War and National Defense, and which has been omitted from the Code. Title V of the War Mobilization and Reconversion Act of 1944 was classified to section 1671 of the former Appendix to Title 50. For complete classification of this Act to the Code, see Tables. Act of October 13, 1949, referred to in cl. (2), is act Oct. 13, 1949, ch. 685, 63 Stat. 841, which was classified generally to subchapter I (§ 451 et seq.) of chapter 9 of former Title 40, Public Buildings, Property, and Works. Sections 15, 7, and 8 of the Act were repealed by Pub. L. 107217, § 6(b), Aug. 21, 2002, 116 Stat. 1304. Section 6 of the Act was repealed by act Aug. 2, 1954, ch. 649, title VIII, § 802(b), 68 Stat. 642. See section 1701o of this title. Reorganization Plan No. 23 of 1950, referred to in cl. (3) and in the last proviso, is set out in the Appendix to Title 5, Government Organization and Employees. The Alaska Housing Act, as amended, referred to in cl. (3) and in the third proviso, is act Apr. 23, 1949, ch. 89, 63 Stat. 57, which was classified principally to sections 484 to 484d of Title 48, Territories and Insular Possessions and was omitted from the Code, except for section 2(a) of the Act, which added section 214 to the National Housing Act and which is classified to section 1715d of this title. For complete classification of this Act to the Code, see Tables. Act June 29, 1936, 49 Stat. 2035, referred to in cl. (5), which related to resettlement or rural rehabilitation projects, and which was classified to sections 431 to 434 of former Title 40, Public Buildings, Property, and Works, was repealed by act Aug. 14, 1946, ch. 964, § 2(a)(1), 60 Stat. 1062. See chapter 50 (§ 1921 et seq.) of Title 7, Agriculture. Act May 19, 1949, 63 Stat. 68, referred to in cl. (5), authorized the sale, without competitive bidding, of certain resettlement projects in Maryland, Wisconsin, and Ohio, and was not classified to the Code.
Codification Section was enacted as a part of title II of the Independent Offices Appropriation Act, 1955, and not as part of the National Housing Act which comprises this chapter. The third and last provisos contained in the original have been omitted from this section. Those provisos contained limitations on amounts available during fiscal year 1955 for certain administrative and other expenses. Similar or related limitations were contained in the following prior appropriation acts: Oct. 17, 1975, Pub. L. 94116, title I, 89 Stat. 583. Sept. 6, 1974, Pub. L. 93414, title I, 88 Stat. 1096. Oct. 26, 1973, Pub. L. 93137, title I, 87 Stat. 492. Aug. 14, 1972, Pub. L. 92383, title I, 86 Stat. 541. Aug. 10, 1971, Pub. L. 9278, title I, 85 Stat. 273. Dec. 17, 1970, Pub. L. 91556, title IV, 84 Stat. 1462. Nov. 16, 1969, Pub. L. 91126, title III, 83 Stat. 241. Oct. 4, 1968, Pub. L. 90550, title III, 82 Stat. 955. Nov. 3, 1967, Pub. L. 90121, title II, 81 Stat. 359. Sept. 6, 1966, Pub. L. 89555, title II, 80 Stat. 686. Aug. 16, 1965, Pub. L. 89128, title II, 79 Stat. 541. Aug. 30, 1964, Pub. L. 88507, title II, 78 Stat. 664. Dec. 19, 1963, Pub. L. 88215, title II, 77 Stat. 446. Oct. 3, 1962, Pub. L. 87741, title II, 76 Stat. 738. Aug. 17, 1961, Pub. L. 87141, title II, 75 Stat. 362. July 12, 1960, Pub. L. 86626, title II, 74 Stat. 443. Sept. 14, 1959, Pub. L. 86255, title II, 73 Stat. 516. Aug. 28, 1958, Pub. L. 85844, title II, 72 Stat. 1080. June 29, 1957, Pub. L. 8569, title II, 71 Stat. 240. June 27, 1956, ch. 452, title II, 70 Stat. 354. May 19, 1956, ch. 313, Ch. V, 70 Stat. 166. June 30, 1955, ch. 244, title II, 69 Stat. 213.
Statutory Notes and Related Subsidiaries
Transfer of Functions Functions of Housing and Home Finance Agency and Administrator thereof transferred to Secretary of Housing and Urban Development by section 5(a) of Department of Housing and Urban Development Act (Pub. L. 89174, Sept. 9, 1965, 79 Stat. 669) which is classified to section 3534(a) of Title 42, The Public Health and Welfare.
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# 12 U.S.C. § 1701g5a - Transfer of New Communities Fund assets and liabilities
## Text
The Secretary shall transfer all assets and liabilities of the fund established pursuant to section 717 of the Housing and Urban Development Act of 1970, as amended (42 U.S.C. 4518), to the Revolving fund (liquidating programs) established pursuant to title II of the Independent Offices Appropriation Act, 1955, as amended (12 U.S.C. 1701g5).
(Pub. L. 9845, title I, § 101, July 12, 1983, 97 Stat. 223.)
## Notes
Editorial Notes
References in TextSection 717 of the Housing and Urban Development Act of 1970, as amended (42 U.S.C. 4518), referred to in text, was repealed by Pub. L. 98181, title I [title IV, § 474(e)], Nov. 30, 1983, 97 Stat. 1239, but remaining in effect until completion of the transfer required in title I of the Department of Housing and Urban Development-Independent Agencies Appropriation Act, 1984. The Independent Offices Appropriation Act, 1955, as amended, referred to in text, is act June 24, 1954, ch. 359, 68 Stat. 272. Provisions of title II of this Act relating to the establishment of the revolving fund (liquidating programs) are classified to section 1701g5 of this title. For complete classification of this Act to the Code, see Tables.
Codification Section was enacted as part of the Department of Housing and Urban Development-Independent Agencies Appropriation Act, 1984, and not as part of the National Housing Act which comprises this chapter.

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