Page:United States Statutes at Large Volume 108 Part 3.djvu/432

 108 STAT. 2184 PUBLIC LAW 103-325—SEPT. 23, 1994 the institution's application and the amount of the assessment credit calculated in accordance with this section for such activities. " (i) DETERMINATION OF AMOUNT OF ASSESSMENT CREDIT.— Notwithstanding any other provision of this section, the determination of the amount of any community enterprise assessment credit under subsection (a)(3) for any insured depository institution for any semiannual period shall be made solely at the discretion of the Board. No insured depository institution shall be awarded community enterprise assessment credits for any semiannual period in excess of an amount determined by the Board.". (8) ADDITIONAL DEFINITIONS.—Subsection (j) of section 233 of the Bank Enterprise Act of 1991 (as redesignated by para- 12 USC 1834a. graph (6) of this subsection) is amended by adding at the end the following new paragraphs: "(4) COMMUNITY DEVELOPMENT FINANCIAL INSTITUTION.— The term 'community development financial institution' has the same meaning as in section 103(5) of the Community Development Banking and Financial Institutions Act of 1994. "(5) AFFILIATE. — The term 'affiliate' has the same meaning as in section 2 of the Bank Holding Company Act of 1956.". 12 USC 4714. SEC. 115. RECORDKEEPING. (a) IN GENERAL. —^A community development financial institution receiving assistance from the Fund shall keep such records, for such periods as may be prescribed by the Fund and necessary to disclose the manner in which any assistance under this subtitle is used and to demonstrate compliance with the requirements of this subtitle. (b) USER PROFILE INFORMATION. —The Fund shall require each community development financial institution or other organization receiving assistance from the Fund to compile such data, as is determined to be appropriate by the Fund, on the gender, race, ethnicity, national origin, or other pertinent information concerning individuals that utilize the services of the assisted institution to ensure that targeted populations and low-income residents of investment areas are adequately served. (c) ACCESS TO RECORDS. —The Fund shall have access on demand, for the purpose of determining compliance with this subtitle, to any records of a community development financial institution or other organization that receives assistance from the Fund. (d) REVIEW.—Not less than annually, the Fund shall review the progress of each assisted community development financial institution in carrying out its strategic plan, meeting its performance goals, and satisfying the terms and conditions of its assistance agreement. (e) REPORTING. — (1) ANNUAL REPORTS.— The Fund shall require each community development financial institution receiving assistance under this subtitle to submit an annual report to the Fund on its activities, its financial condition, and its success in meeting performance goals, in satisfying the terms and conditions of its assistance agreement, and in complying with other requirements of this subtitle, in such form and manner as the Fund shall specify. (2) AVAILABILITY OF REPORTS. —The Fund, after deleting or redacting any material as appropriate to protect privacy

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