A bill to amend title 28, United States Code, to provide that certain voluntary disclosures of violations of Federal law made as a result of a voluntary environmental audit shall not be subject to discovery or admitted into evidence during a judicial or administrative proceeding, and for other purposes.
Makes such provision inapplicable to an audit report if, after an in camera hearing, a judge determines that: (1) the party that initiated the audit expressly waives the protection provided by this Act; (2) the audit provides evidence of noncompliance with a covered Federal law and appropriate efforts to achieve compliance were not promptly initiated and pursued with reasonable diligence; (3) the party that is asserting the applicability of such provision is doing so for a fraudulent purpose; or (4) the audit report or finding was prepared for the purpose of avoiding disclosure of information required for a governmental investigative, administrative, or judicial proceeding that, at the time of preparation, was imminent or in progress.
Sets forth provisions regarding waivers and confidential disclosures, seizure of an audit report by law enforcement officials, handling of the report, filing a petition with an appropriate court, in camera hearings, and the burden of proof.
Authorizes a judge: (1) after an in camera hearing, to require disclosure of or testimony regarding an audit report or finding for which protection is asserted if the judge determines that the information is not subject to protection under this Act; and (2) to suppress any evidence arising or derived from the failure of a government official to comply with this Act.
Prohibits a party that performs an audit from giving testimony concerning the audit in any judicial or administrative proceeding that relates to a non-delegated covered Federal law without the consent of the party that initiated the audit.
Provides that if a party discloses information relating to a covered Federal law to an appropriate official of an administering Federal or State agency, the disclosure shall be considered to be a voluntary disclosure, subject to limited immunity protection, regardless of whether the disclosure is required by law, if: (1) the disclosure arises out of a voluntary audit or the operation of a voluntary environmental compliance management system and the disclosure is made promptly after the party receives knowledge of the information; and (2) the party initiates an action to address the issues identified in the disclosure within a reasonable period of time and fulfills other specified requirements.
Sets forth provisions regarding: (1) permissible sanctions and admission into evidence; (2) mitigating circumstances; (3) involuntary disclosures; and (4) resolution of immunity disputes.
Allows a State law (with exceptions) to provide that, under appropriate conditions, a voluntary audit report, or a finding related to and constituting part of a voluntary audit report, shall not be: (1) subject to discovery or any other investigatory procedure governed by State or local law; or (2) admissible as evidence in any State or local judicial action or administrative proceeding. Provides for limited protection for testimony and for disclosure of voluntary environmental audit information.
Prohibits a Federal agency from: (1) refusing to delegate a covered Federal law to a State or local agency; (2) refusing to approve or authorize a State or local program under a covered Federal law because the State has such a law in effect; or (3) taking other actions that would effectively require a State to rescind or limit any protection of such State law.
Amends the Small Business Act to include within assistance from small business development centers assistance provided to small businesses in complying with the requirements necessary to receive voluntary audit protection.
Introduced in Senate
Sponsor introductory remarks on measure. (CR S11644)
Read twice and referred to the Committee on Judiciary.
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