Page:United States Statutes at Large Volume 110 Part 4.djvu/584

 110 STAT. 3009 -421 PUBLIC LAW 104-208—SEPT. 30, 1996 "(ii) refers to or describes the report or results as a defense to charges of violations of this title against the creditor to whom the self-test relates; or "(B) the report or results are sought in conjunction with an adjudication or admission of a violation of this title for the sole purpose of determining an appropriate penalty or remedy. "(2) DISCLOSURE FOR DETERMINATION OF PENALTY OR REM- EDY.— Any report or results of a self-test that are disclosed for the purpose specified in paragraph (1)(B)— "(A) shall be used only for the particular proceeding in which the adjudication or admission referred to in paragraph (1)(B) is made; and "(B) may not be used in any other action or proceeding. "(c) ADJUDICATION.— An applicant, department, or agency that challenges a privilege asserted under this section may seek a determination of the existence and application of that privilege in— " (1) a court of competent jurisdiction; or "(2) an administrative law proceeding with appropriate jurisdiction. ". 15 USC 1691C-1 (2) REGULATIONS.— note. (A) IN GENERAL. —Not later than 6 months after the date of enactment of this Act, in consultation with the Secretary of Housing and Urban Development and the agencies referred to in section 704 of the Equal Credit Opportunity Act, and after providing notice and an opportunity for public comment, the Board shall prescribe final regulations to implement section 704A of the Equal Credit Opportunity Act, as added by this section. (B) SELF-TEST. — (i) DEFINITION. —The regulations prescribed under subparagraph (A) shall include a definition of the term "self-test" for purposes of section 704A of the Equal Credit Opportunity Act, as added by this section. (ii) REQUIREMENT FOR SELF-TEST. —The regulations prescribed under subparagraph (A) shall specify that a self-test shall be sufficiently extensive to constitute a determination of the level and effectiveness of compliance by a creditor with the Equal Credit Opportunity Act. (iii) SUBSTANTIAL SIMILARITY TO CERTAIN FAIR HOUSING ACT REGULATIONS.—The regulations prescribed under subparagraph (A) shall be substantially similar to the regulations prescribed by the Secretary of Housing and Urban Development to carry out section 814A(d) of the Fair Housing Act, as added by this section. (3) CLERICAL AMENDMENT. — The table of sections for title VII of the Consumer Credit Protection Act is amended by inserting after the item relating to section 704 the following new item: "704A. Incentives for self-testing and self-correction.". (b) FAIR HOUSING. — (1) IN GENERAL.— The Fair Housing Act (42 U.S.C. 3601 et seq.) is amended by inserting after section 814 the following new section:

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