H.R.1047 - Voluntary Environmental Self-Evaluation Act104th Congress (1995-1996)
Summary: H.R.1047 — 104th Congress (1995-1996)
Introduced in House (02/24/1995)
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.