Page:United States Statutes at Large Volume 110 Part 4.djvu/586

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110 STAT. 3009-423 PUBLIC LAW 104-208—SEPT. 30, 1996 42 USC 3614-1 note. 15 USC 1691C-1 note. "(1) a court of competent jurisdiction; or "(2) an administrative law proceeding with appropriate jurisdiction. ". (2) REGULATIONS. — (A) IN GENERAL.— Not later than 6 months after the date of enactment of this Act, in consultation with the Board and after providing notice and an opportunity for public comment, the Secretary of Housing and Urban Development shall prescribe final regulations to implement section 814A of the Fair Housing Act, as added by this section. (B) SELF-TEST. — (i) DEFINITION.— The regulations prescribed by the Secretary under subparagraph (A) shall include a definition of the term "self-test" for purposes of section 814A of the Fair Housing Act, as added by this section. (ii) REQUIREMENT FOR SELF-TEST.— The regulations prescribed by the Secretary under subparagraph (A) shall specify that a self-test shall be sufficiently extensive to constitute a determination of the level and effectiveness of the compliance by a person engaged in residential real estate related lending activities with the Fair Housing Act. (iii) SUBSTANTIAL SIMILARITY TO CERTAIN EQUAL CREDIT OPPORTUNITY ACT REGULATIONS. — The regulations prescribed under subparagraph (A) shall be substantially similar to the regulations prescribed by the Board to carry out section 704A of the Equal Credit Opportunity Act, as added by this section. (c) APPLICABILITY.— (1) IN GENERAL.— Except as provided in paragraph (2), the privilege provided for in section 704A of the Equal Credit Opportunity Act or section 814A of the Fair Housing Act (as those sections are added by this section) shall apply to a self- test (as that term is defined pursuant to the regulations prescribed under subsection (a)(2) or (b)(2) of this section, as appropriate) conducted before, on, or sifter the effective date of the regulations prescribed under subsection (a)(2) or (b)(2), as appropriate. (2) EXCEPTION. — The privilege referred to in paragraph (1) does not apply to such a self-test conducted before the effective date of the regulations prescribed under subsection (a) or (b), as appropriate, if— (A) before that effective date, a complaint against the creditor or person engaged in residential real estate related lending activities (as the case may be) was— (i) formally filed in any court of competent jurisdiction; or (ii) the subject of an ongoing administrative law proceeding; (B) in the case of section 704A of the Equal Credit Opportunity Act, the creditor has waived the privilege pursuant to subsection (b)(l)(A)(i) of that section; or (C) in the case of section 814A of the Fair Housing Act, the person engaged in residential real estate related lending activities has waived the privilege pursuant to subsection (b)( l)(A)(i) of that section.