Instructions: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Input: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Mortgage Fairness Act''.

SEC. 2. COMMUNITY SUPPORT OBLIGATIONS OF MORTGAGE BANKS.

(a) In General.--Each mortgage bank shall have an ongoing
responsibility to meet the credit needs of all the communities in which
such bank makes a significant number of extensions of credit or extends
a significant amount of credit, including extensions of credit in low-
and moderate-income neighborhoods of such communities.
(b) Definitions.--For purposes of this Act, the following
definitions shall apply:
(1) Mortgage bank.--The term ''mortgage bank'' means any
lender who does not accept deposits and originates housing
related loans.
(2) Office.--The term ''Office'' means the Office of
Mortgage Bank and Insurance Supervision established by the
Secretary of Housing and Urban Development pursuant to section
3.
(3) Secretary.--The term ''Secretary'' means the Secretary
of Housing and Urban Development.

SEC. 3. ESTABLISHMENT OF OFFICE OF MORTGAGE BANK AND INSURANCE
SUPERVISION.

The Secretary of Housing and Urban Development shall establish
within the Department of Housing and Urban Development an office to be
known as the Office of Mortgage Bank and Insurance Supervision to
evaluate the community support performance of mortgage banks and
mortgage insurance companies.

SEC. 4. MORTGAGE BANK COMMUNITY SUPPORT STATEMENTS.

(a) In General.--The Office shall, on a biennial basis, require
each mortgage bank to submit to the Office a community support
statement, detailing the efforts of such bank at meeting the housing
credit needs of each community in which the bank makes a significant
number of extensions of credit or extends a significant amount of
credit, including extensions of credit in low- and moderate-income
neighborhoods of such communities.
(b) Contents.--The statement submitted by each mortgage bank under
subsection (a) shall include--
(1) the data required to be maintained and disclosed by the
lender under the Home Mortgage Disclosure Act of 1975 for the
previous 2 years, in a format which the Office shall establish;
(2) underwriting criteria employed by the bank for all of
the bank's housing loan products;
(3) descriptions of any activity the bank has undertaken
over the period under review to ascertain and meet identified
credit needs in low- and moderate-income neighborhoods within
communities in which the bank makes a significant number of
extensions of credit or extends a significant amount of credit,
including any partnerships formed with community-based
organizations, nonprofit developers of affordable housing, or
agencies of State or local government;
(4) details of any findings of technical or substantive
violations of the Equal Credit Opportunity Act or the Fair
Housing Act, and any settlements or judgments arising from any
such findings; and
(5) any other information the Office may require.

SEC. 5. MORTGAGE BANK COMMUNITY SUPPORT EVALUATION.

The Office shall determine whether a mortgage bank is maintaining
an adequate community support performance, based on--
(1) community support performance statements received from
mortgage banks;
(2) an analysis of the data required to be maintained and
disclosed by the lender under the Home Mortgage Disclosure Act
of 1975 for the previous 2 years with respect to metropolitan
statistical areas in which the bank originates a significant
number of home loans, which shall emphasize--
(A) the institution's market share in neighborhoods
of different racial and income characteristics;
(B) the number of applications received from
minorities and low- and moderate-income persons; and
(C) the rate at which the institutions rejects
applications from minority and white applicants;
(3) any evidence of illegal discriminatory credit
practices, including prescreening, or offering less favorable
loan products to applicants of different racial backgrounds;
and
(4) public comment, which shall be received by the agency
for not less than 90 days after the Office actively solicits
comment solicitations of comment through notice in the Federal
Register and regular communications with community based
organizations.

SEC. 6. PENALTIES FOR FINDING OF INADEQUATE COMMUNITY SUPPORT
PERFORMANCE BY MORTGAGE BANKS.

(a) Remedial Action.--If the Secretary finds that a mortgage bank
is maintaining an inadequate level of community support, the Secretary
may issue an order--
(1) requiring the bank to file a community support action
plan with the Office not more than 90 days after the finding,
which shall include concrete goals and timetables for
correcting identified deficiencies; and
(2) prohibiting the bank from using any program or product
administered by the Secretary until all identified deficiencies
are met.
(b) Cease and Desist Orders.--
(1) Issuance of order.--
(A) In general.--If the Secretary determines that
there is reasonable cause to believe that a mortgage
bank is violating, has violated, or is about to violate
an order under subsection (a) or a community support
action plan filed pursuant to such an order, the
Secretary may issue an order requiring the mortgage
bank to--
(i) cease and desist from any such
violation; and
(ii) take such affirmative action to
prevent the occurrence or the continuance of
such violation as the Secretary determines to
be appropriate.
(B) Notice of charges.--An order issued under this
paragraph shall include a notice of the charges on
which the order is based and a statement of the facts
constituting the alleged violation.
(C) Effective period.--An order issued under this
paragraph shall--
(i) become effective upon service to the
mortgagee; and
(ii) remain effective and enforceable
pursuant to the terms of the order unless
modified or rescinded by the Secretary or
pursuant to an order of a court under paragraph
(3) or in connection with the court's review of
any administrative proceedings with respect to
the order issued under this subsection.
(2) Hearing.--Any mortgage bank which receives an order
under paragraph (1) shall be afforded an opportunity for a
hearing on the record by the Secretary as soon as practicable
but not later than 20 days after the order has been served.
(3) Judicial hearing.--Within 10 days after a mortgage bank
has been served with a cease-and-desist order under this
subsection, the bank may apply to the United States district
court for the judicial district in which the home office of the
bank is located, or the United States District Court for the
District of Columbia, for an injunction setting aside,
limiting, or suspending the enforcement, operation, or
effectiveness of such order pending the completion of the
administrative proceedings pursuant to the notice of charges
served upon the bank, and such court shall have jurisdiction to
issue such injunction.
(4) Judicial enforcement.--The Secretary may apply to the
United States district court, or the United States court of any
territory, within the jurisdiction of which the home office of
the mortgagee is located, for an injunction to enforce any
effective and outstanding order issued under this subsection
and, if the court determines that there has been a violation or
threatened violation of such order, the court shall issue such
injunction.
(c) Civil Money Penalty.--
(1) Imposition of penalty.--
(A) In general.--The Secretary may impose a civil
money penalty on any mortgage bank, and any director,
officer or employee of a mortgage bank, who violates
any order issued under subsection (a) or (b).
(B) Amount of penalty.--The amount of the penalty,
as determined by the Secretary, may not exceed--
(i) in the case of a violation of an order
issued under subsection (a), $10,000 for each
month during which such violation occurs; and
(ii) in the case of a violation of an order
issued under subsection (b), $10,000 for each
day during which such violation continues.
(C) Notification to attorney general.--Before
taking action to impose a civil money penalty for a
violation under subparagraph (A), the Secretary shall
inform the Attorney General of the United States.
(2) Assessment.--
(A) Written notice.--Any penalty imposed under
paragraph (1) may be assessed and collected by the
Secretary by written notice.
(B) Finality of assessment.--If, with respect to
any assessment under subparagraph (A), a hearing is not
requested pursuant to paragraph (5) within the period
of time allowed under such paragraph, the assessment
shall constitute a final and unappealable order.
(3) Authority to modify or remit penalty.--The Secretary
may compromise, modify, or remit any penalty which the
Secretary may assess or already has assessed under paragraph
(1).
(4) Mitigating factors.--In determining the amount of a
penalty under paragraph (1) with respect to any person, the
Secretary shall take into account the appropriateness of the
penalty with respect to--
(A) the gravity of the offense;
(B) any history of previous violations by the
person;
(C) the ability of the person to pay the penalty;
(D) injury to the public;
(E) benefits received by the person as a result of
the violation;
(F) the deterrent effect of the penalty on future
violations by such person and other persons; and
(G) such other factors as the Secretary may
determine in regulations to be appropriate.
(5) Hearing.--The person against whom a civil money penalty
is assessed under paragraph (1) shall be afforded an
opportunity for a hearing on the record, if such person submits
a request for such hearing within 20 days after the issuance of
the notice of the assessment.
(6) Collection.--
(A) Referral.--If any person fails to pay an
assessment after any penalty assessed under this
subsection has become final, the Secretary shall notify
the Attorney General who shall recover the amount
assessed in the appropriate United States district
court.
(B) Appropriateness of penalty not reviewable.--In
any civil action under subparagraph (A), the validity
and appropriateness of the penalty shall not be subject
to review.
(7) Disbursement.--All penalties collected pursuant to this
subsection shall be deposited into the Treasury of the United
States.
(8) Agency procedures--The Secretary shall, by regulation,
establish standards and procedures for carrying out this
subsection.

SEC. 7. COMMUNITY SUPPORT REQUIREMENTS FOR MORTGAGE INSURANCE
COMPANIES.

(a) In General.--Each mortgage insurance company shall--
(1) report to the Office the number and total dollar amount
of each mortgage insurance policy written by the company, by
census tract, the race, gender, and income of applicants for
mortgage insurance, and the disposition of each application for
mortgage insurance;
(2) demonstrate to the Secretary adequate support for
community credit needs; and
(3) make public to any person the underwriting criteria for
any mortgage insurance the company offers.
(b) 2-Year Reporting Requirement.--At least once during each 2-year
period beginning after the date of enactment of this Act, each mortgage
insurance company shall submit a report to the Office containing the
following information:
(1) Adequacy of availability of mortgage insurance.--The
extent to which adequate mortgage insurance is available in
low- and moderate-income and minority neighborhoods within
areas in which the company writes a significant number of
mortgage insurance policies.
(2) Underwriting guidelines.--The extent to which
underwriting guidelines used by the company do not unreasonably
restrict access to low- and moderate-income families within
areas in which the company writes a significant number of
mortgage insurance policies.
(c) Duties of the Office.--The Office shall conduct biennial
community support reviews of mortgage insurance companies including
analysis of the following:
(1) The data collected by the Agency on the distribution of
the mortgage insurance company's policies by census tract and
data on the disparate treatment of applicants for mortgage
insurance based on the applicants' race, gender, and income.
(2) The underwriting criteria employed by the company and
the extent to which such criteria do not unreasonably restrict
access to credit for low- and moderate-income and minority
persons or neighborhoods.
(3) Community support statements received from the mortgage
insurance company.
(4) Any other information the Secretary may require
mortgage insurance companies to submit.
(5) Any comments received from the public on the community
support performance of the mortgage insurance company during
the period covered by the review under this paragraph.
(d) Duties of the Secretary.--The Secretary shall--
(1) solicit and accept public comment for no fewer than 90
days before issuing a finding in connection with the review of
a mortgage insurance company under subsection (c)(2); and
(2) review the community support performance of each
mortgage insurance company and determine whether the company is
providing an adequate level of community support in the areas
in which such company writes a significant number of mortgage
insurance policies.
(e) Performance Statement.--If, after reviewing any evidence, the
Secretary concludes that a mortgage insurance company is not meeting
the requirements of this section, the Secretary may require such
company to submit a statement indicating how the company expects to
improve its record of providing community support.
Output:
Mortgage Fairness Act - Requires each mortgage bank to meet the credit needs of all communities in which it makes a significant number of extensions of credit or extends a significant amount of credit, including extensions of credit in low- and moderate-income communities.
(Sec. 3) Directs the Secretary of Housing and Urban Development (HUD) to establish within HUD the Office of Mortgage Bank and Insurance Supervision.
(Sec. 4) Directs the Office, on a biennial basis, to require each mortgage bank to submit to it a community support statement detailing the bank's efforts at meeting the housing credit needs of the above- referenced communities.
(Sec. 5) Directs the Office to determine whether a mortgage bank is maintaining an adequate community support performance based on specified criteria.
(Sec. 6) Sets forth certain penalties against a mortgage bank that has been found to be maintaining an inadequate level of community support.
(Sec. 7) Requires each mortgage insurance company to: (1) report to the Office the total number and total dollar amount of each mortgage insurance policy written by it, by census tract, the race, gender, and income of applicants for mortgage insurance, and the disposition of each application for such insurance; (2) demonstrate to the Secretary adequate support for community credit needs; and (3) make public to any person the underwriting criteria for any mortgage insurance the company offers.
Requires the Office to conduct biennial community support reviews of mortgage insurance companies. Authorizes the Secretary to require a mortgage insurance company to submit a statement indicating how it expects to improve its record of providing community support whenever the Secretary concludes that such company is not meeting the requirements of this section.