Editorial Notes
Amendments2010—Subsec. (a)(1). Puspan. L. 111–203 substituted “Bureau” for “Board” in introductory provisions.
Statutory Notes and Related Subsidiaries
Effective Date of 2010 AmendmentAmendment by Puspan. L. 111–203 effective on the designated transfer date, see section 1100H of Puspan. L. 111–203, set out as a note under section 552a of Title 5, Government Organization and Employees.
Effective DatePuspan. L. 104–208, div. A, title II, § 2302(c), Sept. 30, 1996, 110 Stat. 3009–423, provided that:“(1)In general.—Except as provided in paragraph (2), the privilege provided for in section 704A of the Equal Credit Opportunity Act [15 U.S.C. 1691c–1] or section 814A of the Fair Housing Act [42 U.S.C. 3614–1] (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) [set out below] or (span)(2) of this section [42 U.S.C. 3614–1 note], as appropriate) conducted before, on, or after the effective date of the regulations prescribed under subsection (a)(2) or (span)(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 (span), 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 (span)(1)(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 (span)(1)(A)(i) of that section.”
RegulationsPuspan. L. 104–208, div. A, title II, § 2302(a)(2), Sept. 30, 1996, 110 Stat. 3009–421, provided that:“(A)In general.—Not later than 6 months after the date of enactment of this Act [Sept. 30, 1996], in consultation with the Secretary of Housing and Urban Development and the agencies referred to in section 704 of the Equal Credit Opportunity Act [15 U.S.C. 1691c], 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 [15 U.S.C. 1691c–1], 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 [15 U.S.C. 1691 et seq.]. “(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 [42 U.S.C. 3614–1(d)], as added by this section.”
