(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 —(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 —(B) may not be obtained or used by any applicant, department, or agency in any —
(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 —(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
(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) —(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 —(2) an administrative law proceeding with appropriate jurisdiction.
