Page:United States Statutes at Large Volume 108 Part 3.djvu/433

 PUBLIC LAW 103-325—SEPT. 23, 1994 108 STAT. 2185 or proprietary interests, shall make such reports submitted under paragraph (1) available for public inspection. SEC. 116. SPECIAL PROVISIONS WITH RESPECT TO INSTITUTIONS 12 USC 4715. THAT ARE SUPERVISED BY FEDERAL BANKING AGENCIES. (a) CONSULTATION WITH APPROPRIATE AGENCIES. —The Fund shall consult with and consider the views of the appropriate Federal banking agency prior to providing assistance under this subtitle to— (1) an insured community development financial institution; (2) any community development financial institution that is examined by or subject to the reporting requirements of an appropriate Federal banking agency; or (3) any community development financial institution that has as its community partner an institution that is examined by or subject to the reporting requirements of an appropriate Federal banking agency. (b) REQUESTS FOR INFORMATION, REPORTS, OR RECORDS. — (1) IN GENERAL.— Except as provided in paragraph (4), notwithstanding any other provisions of this subtitle, prior to directly requesting information from or imposing reporting or recordkeeping requirements on an insured community development financial institution or other institution that is examined by or subject to the reporting requirements of an appropriate Federal banking agency, the Fund shall consult with the appropriate Federal banking agency to determine if the information requested is available from or may be obtained by such agency in the form, format, or detail required by the Fund. (2) TIMING OF RESPONSE FROM APPROPRIATE FEDERAL BANK- ING AGENCY. —If the information, reports, or records requested by the Fund pursuant to paragraph (1) are not provided by the appropriate Federal banking agency in less than 15 calendar days after the date on which the material is requested, the Fund may request the information from or impose the recordkeeping or reporting requirements directly on such institutions with notice to the appropriate Federal banking agency. (3) ELIMINATION OF DUPLICATIVE INFORMATION AND REPORT- ING REQUIREMENTS. — The Fund shall use any information provided the appropriate Federal banking agency under this section to the extent practicable to eliminate duplicative requests for information and reports from, and recordkeeping by an insured community development financial institution or other institution that is examined by or subject to the reporting requirements of an appropriate Federal banking agency. (4) EXCEPTION. — Notwithstanding paragraphs (1) and (2), the Fund may require an insured community development financial institution or other institution that is examined by or subject to the reporting requirements of an appropriate Federal banking agency to provide information with respect to the institution's implementation of its strategic plan or compliance with the terms of its assistance agreement under this subtitle, after providing notice to the appropriate Federal banking agency. (c) EXCLUSION FOR EXAMINATION REPORTS. — Nothing in this section shall be construed to permit the Fund to require an insured

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