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H.R. 1884

Voluntary Environmental Self-Evaluation Act

Voluntary Environmental Self-Evaluation Act - Provides that information contained in, and testimony relating to, voluntary environmental self-evaluations shall not be admissible evidence or subject to discovery in Federal or State administrative or judicial proceedings under Federal environmental laws. Authorizes waivers of such privilege by the entity concerned.

Permits persons seeking disclosure of such information, in cases where an entity invokes the nondisclosure privilege, to request an administrative law judge or the court, as appropriate, to convene an in camera proceeding to determine applicability of the privilege. Makes the privilege inapplicable in civil proceedings if an administrative law judge or the court determines that: (1) the document or testimony indicates non-compliance with an environmental law by such entity and the entity failed to achieve compliance within a reasonable time period; (2) such entity is asserting the privilege for a fraudulent purpose; or (3) the report was prepared for purposes of avoiding disclosure of information required for a pending or imminent investigative, administrative, or judicial proceeding of which the entity had knowledge. Provides for appeals of such determinations.

Makes the nondisclosure privilege inapplicable in criminal proceedings brought by Federal or State agencies if the court makes any of the determinations described above for civil proceedings. Authorizes seizures of reports believed to constitute evidence of criminal offenses but limits use of the information to review by such agencies until the court determines it subject to disclosure.

Provides immunity from Federal or State prosecution to entities making voluntary disclosures of violations of environmental laws as a result of making self-evaluations or using environmental management systems and makes such disclosures inadmissible in courts or administrative proceedings if the entity: (1) meets certain conditions regarding promptness of disclosure, efforts to achieve compliance, and availability of information; and (2) is not disclosing information for fraudulent purposes or to avoid penalties. Makes immunity inapplicable if the violation concerned is part of a pattern of significant violations that has occurred within the past three years in cases where the senior management had knowledge and failed to take corrective action.

Referred to the Subcommittee on Water Resources and Environment.

Rep. Hefley, Joel [R-CO-5](R-CO)Sponsor
2 cosponsors2 R
2cosponsors5committees18actions
  1. CommitteeH11000

    Referred to the Subcommittee on Water Resources and Environment.

    Water Resources and Environment Subcommittee
  2. CommitteeH11000

    Referred to the Subcommittee on Coast Guard and Maritime Transportation.

    Coast Guard and Maritime Transportation Subcommittee
  3. CommitteeH11000

    Referred to the Subcommittee on Railroads.

    Railroads Subcommittee
  4. CommitteeH11000

    Referred to the Subcommittee on Surface Transportation.

    Surface Transportation Subcommittee
  5. CommitteeH11000

    Referred to the Subcommittee on Commercial and Administrative Law.

    Commercial and Administrative Law Subcommittee
  6. CommitteeH12000

    Executive Comment Requested from Interior.

    Natural Resources Committee
  7. CommitteeH11000

    Referred to the Subcommittee on Finance and Hazardous Materials, for a period to be subsequently determined by the Chairman.

    Finance and Hazardous Materials Subcommittee
  8. CommitteeH11000

    Referred to the Subcommittee on Health and Environment, for a period to be subsequently determined by the Chairman.

    Health and Environment Subcommittee
  9. CommitteeH11000

    Referred to the Subcommittee on Forestry, Resource Conservation and Research.

    Forestry, Resource Conservation and Research Subcommittee
  10. CommitteeH11000

    Referred to the Subcommittee on Department Operations, Nutrition and Foreign Agriculture.

    Department Operations, Nutrition and Foreign Agriculture Subcommittee
  11. IntroReferralH11100

    Referred to House Resources

    Natural Resources Committee
  12. IntroReferralH11100

    Referred to House Agriculture

    Agriculture Committee
  13. IntroReferralH11100

    Referred to House Transportation and Infrastructure

    Transportation and Infrastructure Committee
  14. IntroReferralH11100

    Referred to House Commerce

    Energy and Commerce Committee
  15. IntroReferralH11100-A

    Referred to the Committee on the Judiciary, and in addition to the Committees on Commerce, Transportation and Infrastructure, Agriculture, and Resources, 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.

  16. IntroReferralH11100

    Referred to House Judiciary

    Judiciary Committee
  17. IntroReferralIntro-H

    Introduced in House

  18. IntroReferral1000

    Introduced in House