12 2 STA T . 2 706PUBLIC LA W 110 – 2 89—J UL Y3 0 , 2008 ofeach e nt e rp r is etoser v e u n d erserved m ar k ets ( as determined in accordance w ith section 13 3 5 (c ) ) sha l l b e enforceable under this section to the same e x tent and under the same provisions that the housin g goals established under this subpart are enforceable .S uch dut y shall be enforceable only under this section , except that such duty shall not be sub j ect to subsection (c)( 7 ) of this section and shall not be enforceable under any other provision of this title (including subpart C of this part) or under any provision of the F ederal N ational M ortgage A ssociation Charter Act or the Federal H ome L oan Mortgage Corporation Act. ’ ’. (c) A D D IT I ONAL C RE DIT F OR CERTAIN MORT G AGE S . — Section 133 6 (a) of the Housing and Community D evelopment Act of 1 9 9 2 (12 U .S.C. 4 566(a)) is amended l (1) in paragraph (2), by inserting ‘ ‘, except as provided in paragraph (5),’’ after ‘‘which’’
and (2) by adding at the end the following new paragraph
‘‘(5) ADDITIONAL C REDIT.— T he Director may assign addi - tional credit toward achievement, under this section, of the housing goals for mortgage purchase activities of the enterprises that comply with the re q uirements of such goals and support housing that includes a licensed childcare center. The avail- ability of additional credit under this paragraph shall not be used to increase any housing goal, subgoal, or target established under this subpart.’’. SEC.1 1 30 . MONIT O R IN GA N D EN F ORCING COM PL IANCE W IT H HO U SING GOALS. (a) I N G ENERAL.—Section 1336 of the Federal Housing E nter- prises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4566) is amended by striking subsections (b) and (c) and inserting the following: ‘‘(b) NOTICE AND P RELI M INAR Y DETERMINATION OF FAIL U RE TO MEET GOALS.— ‘‘(1) NOTICE.—If the Director preliminarily determines that an enterprise has failed, or that there is a substantial prob- ability that an enterprise will fail, to meet any housing goal under this subpart, the Director shall provide written notice to the enterprise of such a preliminary determination, the rea- sons for such determination, and the information on which the Director based the determination. ‘‘(2) R ES P ONSE PERIOD.— ‘‘(A) IN GENERAL.—During the 3 0 -day period beginning on the date on which an enterprise is provided notice under paragraph (1), the enterprise may submit to the Director any written information that the enterprise con- siders appropriate for consideration by the Director in finally determining whether such failure has occurred or whether the achievement of such goal was or is feasible. ‘‘( B )E X TENDED PERIOD.—The Director may extend the period under subparagraph (A) for good cause for not more than 30 additional days. ‘‘(C) S H ORTENED PERIOD.—The Director may shorten the period under subparagraph (A) for good cause. ‘‘(D) FAILURE TO RESPOND.—The failure of an enterprise to provide information during the 30-day period under this paragraph (as extended or shortened) shall waive any right
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