12 2 STA T . 2 695PUBLIC LA W 11 0– 2 8 9 —J UL Y3 0 , 2008 ‘ ‘ (i i )theloan- to- v al u e r atio o f the m ort g age ,w hi c h s hall reflect an y secon d ary liens on the relevant p rop- erty
‘‘(iii) the terms of the mortgage; ‘‘(iv) the creditworthiness of the b orrower or bor- rowers; and ‘‘(v) whether the mortgage, in the case of a con- forming mortgage, was purchased by an enterprise; ‘‘( B ) the characteristics of individual subprime and non- traditional mortgages that are eligible for purchase by the enterprises and the characteristics of borrowers under such mortgages, including the creditworthiness of such bor- rowers and determination whether such borrowers would q ualify for prime lending; and ‘‘( C ) such other matters as the D irector determines to be appropriate . ‘‘( 3 ) PUBLICAV AILABILI TY . —T he Director shall ma k e any data collected by the Director in connection with the conduct of a monthly survey available to the public in a timely manner, provided that the Director may modify the data released to the public to ensure that the data— ‘‘( A ) is not released in an identifiable form; and ‘‘(B) is not otherwise obtainable from other publicly available data sets. ‘‘( 4 )D EF I N ITI O N.— F or purposes of this subsection, the term ‘identifiable form ’ means any representation of information that permits the identity of a borrower to which the information relates to be reasonably inferred by either direct or indirect means.’’. SEC.1 1 26 . PUBLI C USE DAT ABASE. S ection 1 3 2 3 of the Federal H ousing E nterprises Financial Safety and Soundness Act of 1 9 92 (42 U .S.C. 4 5 43) is amended— (1) in subsection (a)— (A) by striking ‘‘(a) I N G ENE R AL.—The Secretary’’ and inserting the following
‘‘(a) AVAILABILITY.— ‘‘(1) IN G ENERAL.—The Director’’; and (B) by adding at the end the following new paragraph: ‘‘(2) CEN S US TRACT LEVEL RE P ORTING.—Such data shall include the data elements required to be reported under the Home M ortgage Disclosure Act of 19 7 5, at the census tract level.’’; (2) in subsection (b)(2), by inserting before the period at the end the following: ‘‘or with subsection (a)(2)’’; and (3) by adding at the end the following new subsection: ‘‘(d) TI M ING.—Data submitted under this section by an enter- prise in connection with a provision referred to in subsection (a) shall be made publicly available in accordance with this section not later than September 3 0 of the year following the year to which the data relates.’’. SEC. 112 7 . R EP O RTI NG O FM ORTGAGE DATA. Section 132 6 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4546) is amended— (1) in subsection (a), by striking ‘‘The Director’’ and inserting ‘‘Sub j ect to subsection (d), the Director’’; and (2) by adding at the end the following: Deadlin e .
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