usc 12 § 4565

To increase the liquidity of mortgage investments and improve the distribution of investment capital available for mortgage financing for underserved markets, each enterprise shall provide leadership to the market in developing loan products and flexible underwriting guidelines to facilitate a secondary market for mortgages for very low-, low-, and moderate-income families with respect to the following underserved markets:

The enterprise shall develop loan products and flexible underwriting guidelines to facilitate a secondary market for mortgages on manufactured homes for very low-, low-, and moderate-income families.

The enterprise shall develop loan products and flexible underwriting guidelines to facilitate a secondary market to preserve housing affordable to very low-, low-, and moderate-income families, including housing projects subsidized under_

the project-based and tenant-based rental assistance programs under ;

the program under ;

the below-market interest rate mortgage program under section 1715(d)(4) of this title; l

the supportive housing for the elderly program under ;

the supportive housing program for persons with disabilities under ;

the programs under title IV of the McKinney-Vento Homeless Assistance Act [ et seq.], but only permanent supportive housing projects subsidized under such programs;

the rural rental housing program under ;

the low-income housing tax credit under ; and

comparable state  and local affordable housing programs.

The enterprise shall develop loan products and flexible underwriting guidelines to facilitate a secondary market for mortgages on housing for very low-, and low-, and moderate-income families in rural areas.

To meet the housing goals established under this subpart and to carry out the duty under subsection (a) of this section, each enterprise shall—

design programs and products that facilitate the use of assistance provided by the Federal Government and State and local governments;

develop relationships with nonprofit and for-profit organizations that develop and finance housing and with State and local governments, including housing finance agencies;

take affirmative steps to—

assist primary lenders to make housing credit available in areas with concentrations of low-income and minority families, and

assist insured depository institutions to meet their obligations under the Community Reinvestment Act of 1977 [ et seq.],

develop the institutional capacity to help finance low- and moderate-income housing, including housing for first-time homebuyers.

The Director may submit recommendations to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate for the establishment of additional categories under subsection (a), provided that the Director makes a preliminary determination that any such category is important to the mission of the enterprises, that the category is an underserved market, and that the establishment of such category is warranted.

The Director shall, by regulation, establish effective for 2010 and thereafter a manner for evaluating whether, and the extent to which, the enterprises have complied with the duty under subsection (a) to serve underserved markets and for rating the extent of such compliance. Using such method, the Director shall, for 2010 and each year thereafter, evaluate such compliance and rate the performance of each enterprise as to extent of compliance. The Director shall include such evaluation and rating for each enterprise for a year in the report for that year submitted pursuant to .

In determining whether an enterprise has complied with the duty referred to in paragraph (1), the Director shall separately evaluate whether the enterprise has complied with such duty with respect to each of the underserved markets identified in subsection (a), taking into consideration_ 2

the development of loan products, more flexible underwriting guidelines, and other innovative approaches to providing financing to each of such underserved markets;

the extent of outreach to qualified loan sellers and other market participants in each of such underserved markets;

the volume of loans purchased in each of such underserved markets relative to the market opportunities available to the enterprise, except that the Director shall not establish specific quantitative targets nor evaluate the enterprises based solely on the volume of loans purchased; and

the amount of investments and grants in projects which assist in meeting the needs of such underserved markets.

In determining whether an enterprise has complied with the duty under subparagraph (A) of subsection (a)(1), the Director may consider loans secured by both real and personal property.

In determining whether an enterprise has complied with the duty referred to in paragraph (1), the Director may not consider any affordable housing fund grant amounts used under  for eligible activities under subsection (g) of such section.