Voluntary Environmental Self-Evaluation Act - Provides that a report, finding, or other communication of a person or entity relating to, and constituting part of, a voluntary environmental self-evaluation shall not be admissible evidence in a legal action or administrative procedure under Federal law and shall not be subject to discovery procedure unless: (1) the person or entity that initiated the self-evaluation waives his or her right to exclude from the evidence or procedure material subject to this Act; or (2) the Federal court, after an in camera hearing, determines that such communication indicates noncompliance with a Federal law and the person or entity failed to initiate efforts to achieve compliance, compelling circumstances necessitate that such communication be brought into evidence or made subject to discovery, the person or entity is asserting the exclusion for a fraudulent purpose, or such communication was prepared for purposes of avoiding disclosure of information required for an investigative, administrative, or judicial proceeding that was imminent or in progress.
Makes such exclusion inapplicable to information: (1) required to be developed, maintained, or reported pursuant to a Federal environmental law; (2) required to be available to a Federal or State agency designated to carry out a regulatory activity pursuant to such laws; or (3) obtained by such an agency through observation, sampling, or monitoring or through an independent source.
States that a person or entity that performs a voluntary environmental self-evaluation may not be required to give testimony in a Federal court or an administrative proceeding of a Federal agency without his or her consent.
Sets forth conditions under which disclosures of information relating to a Federal environmental law to an appropriate Federal or State agency are considered voluntary. Considers such disclosures involuntary if the person or government entity making the disclosure has committed a pattern of violations of Federal or State laws relating to environmental quality due to separate events giving rise to the violations during the three-year period prior to disclosure. Presumes disclosures to be voluntary if the person or entity provides information supporting a claim that the information is a voluntary disclosure and makes such persons or entities immune from administrative, civil, or criminal penalties for violations until such presumption is rebutted.
Places the burden of rebuttal on State or Federal agencies.
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committees on Commerce, Transportation and Infrastructure, and Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Commerce, Transportation and Infrastructure, and Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Commerce, Transportation and Infrastructure, and Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Commerce, Transportation and Infrastructure, and Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Commerce, Transportation and Infrastructure, and Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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Referred to the Subcommittee on Commerce, Trade, and Hazardous Materials, for a period to be subsequently determined by the Chairman.
Referred to the Subcommittee on Health and Environment, for a period to be subsequently determined by the Chairman.
Referred to the Subcommittee on Water Resources and Environment.
Referred to the Subcommittee on Coast Guard and Maritime Transportation.
Referred to the Subcommittee on Department Operations, Nutrition and Foreign Agriculture.
Referred to the Subcommittee on Resource Conservation, Research and Forestry.
Referred to the Subcommittee on Commercial and Administrative Law.
Subcommittee Hearings Held.
Sponsor introductory remarks on measure. (CR H7117)