US Laws, Codes, Statutes & Cases

From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 42USC3614-1]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                        CHAPTER 45--FAIR HOUSING
 
                         SUBCHAPTER I--GENERALLY
 
Sec. 3614-1. Incentives for self-testing and self-correction


(a) Privileged information

                    (1) Conditions for privilege

        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 subchapter by that person; and
            (B) has identified any possible violation of this subchapter 
        by that person and has taken, or is taking, appropriate 
        corrective action to address any such possible violation.

                      (2) Privileged self-test

        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 subchapter are alleged; or
                (ii) examination or investigation relating to compliance 
            with this subchapter.

(b) Results of self-testing

                           (1) In general

        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 subchapter is alleged, or 
    in any examination or investigation of compliance with this 
    subchapter 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 subchapter 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 subchapter for 
        the sole purpose of determining an appropriate penalty or 
        remedy.

        (2) Disclosure for determination of penalty or remedy

        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.

(Pub. L. 90-284, title VIII, Sec. 814A, as added Pub. L. 104-208, div. 
A, title II, Sec. 2302(b)(1), Sept. 30, 1996, 110 Stat. 3009-421.)


                             Effective Date

    Privilege provided for in this section applicable to self-test 
conducted before, on, or after effective date of regulations prescribed 
under section 2302(b)(2) of Pub. L. 104-208, set out below, with certain 
exception, see section 2302(c) of Pub. L. 104-208, set out as a note 
under section 1691c-1 of Title 15, Commerce and Trade.


                               Regulations

    Section 2302(b)(2) of div. A of Pub. L. 104-208 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 Board 
and after providing notice and an opportunity for public comment, the 
Secretary of Housing and Urban Development shall prescribe final 
regulations to implement section 814A of the Fair Housing Act [42 U.S.C. 
3614-1], as added by this section.
    ``(B) Self-test.--
        ``(i) Definition.--The regulations prescribed by the Secretary 
    under subparagraph (A) shall include a definition of the term 
    ``self-test'' for purposes of section 814A of the Fair Housing Act, 
    as added by this section.
        ``(ii) Requirement for self-test.--The regulations prescribed by 
    the Secretary under subparagraph (A) shall specify that a self-test 
    shall be sufficiently extensive to constitute a determination of the 
    level and effectiveness o