(a) Privileged information.
(1) A report or result of a self-test (as
that term is defined by regulation of the Secretary) shall be considered
to be privileged under paragraph (2) if any person—
(A) conducts,
or authorizes an independent third party to conduct, a self-test of
any aspect of a residential real estate related lending transaction
of that person, or any part of that transaction, in order to determine
the level or effectiveness of compliance with this title by that person;
and
(B) has identified
any possible violation of this title by that person and has taken,
or is taking, appropriate corrective action to address any such possible
violation.
(2) If a person meets the conditions specified in subparagraphs (A)
and (B) of paragraph (1) with respect to a self-test described in
that paragraph, any report or results of that self-test—
(A) shall
be privileged; and
(B) may not be obtained or used by any applicant, department, or
agency in any—
(i) proceeding or civil action in which one
or more violations of this title are alleged; or
(ii) examination or investigation relating
to compliance with this title.
6-1466.6
(b) Results of self-testing.
(1) No provision of this section
may be construed to prevent an aggrieved person, complainant, department,
or agency from obtaining or using a report or results of any self-test
in any proceeding or civil action in which a violation of this title
is alleged, or in any examination or investigation of compliance with
this title if—
(A) the person to whom the self-test
relates or any person with lawful access to the report or the results—
(i) voluntarily releases or discloses all, or any part of, the report
or results to the aggrieved person, complainant, department, or agency,
or to the general public; or
(ii) refers to or describes the report or results as a defense to
charges of violations of this title against the person 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) 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 aggrieved person, complainant, 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.
[42 USC 3614-1. As
added by act of Sept. 30, 1996 (110 Stat. 3009-421).]
