In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.

[EX Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Stronger Tobacco Warning Labels to 
Save Lives Act''.

SEC. 2. AMENDMENT TO FEDERAL CIGARETTE AND LABELING ADVERTISING ACT.

    (a) Amendment.--The Federal Cigarette Labeling and Advertising Act 
(15 U.S.C. 1331 et seq.) is amended by striking section 4 and inserting 
the following:

``SEC. 4. LABELING.

    ``(a) Label.--
            ``(1) In general.--It shall be unlawful for any person to 
        manufacture, package, or import for sale or distribution within 
        the United States any cigarettes the package of which fails to 
        bear, in accordance with the requirements of this section, a 
        warning label.
            ``(2) Regulations.--Not later than 1 year after the date of 
        enactment of this section, the Secretary shall promulgate 
        regulations describing the warning label required by paragraph 
        (1).
            ``(3) Content of label.--The regulations promulgated under 
        paragraph (2) shall ensure that the text of each warning label 
        addresses one of the following:
                    ``(A) Diseases or fatal health conditions caused by 
                cigarette smoking.
                    ``(B) Any physical addiction that results from 
                cigarette smoking.
                    ``(C) The influence that cigarette smoking by 
                adults has on young children and teenagers and the 
                consequences of such use.
                    ``(D) The health hazards of secondhand smoke from 
                cigarettes.
            ``(4) Graphics.--
                    ``(A) In general.--The regulations promulgated 
                under paragraph (2) shall ensure that each warning 
                label contains a color graphic or picture that 
                illustrates or emphasizes to the greatest practicable 
                extent the message of the text of the corresponding 
                warning label.
                    ``(B) Contents.--The graphics described in 
                subparagraph (A) shall enhance the message of the text 
                of the warning label and may include a color picture of 
                one of the following:
                            ``(i) A diseased lung, heart, or mouth.
                            ``(ii) An individual suffering from 
                        addiction.
                            ``(iii) Children watching an adult smoke a 
                        cigarette.
                            ``(iv) An individual adversely affected by 
                        secondhand smoke from a cigarette, including 
                        pregnant women or infants.
    ``(b) Advertising.--It shall be unlawful for any manufacturer or 
importer of cigarettes to advertise or cause to be advertised within 
the United States any cigarette unless the advertising bears, in 
accordance with the requirements of this section, one of the warning 
label statements required by subsection (a).
    ``(c) Requirements for Labeling.--
            ``(1) Location.--Each label statement required by 
        subsection (a) shall be located on the upper portion of the 
        front and back panels of the cigarette package (or carton) and 
        occupy not less than 50 percent of each panel.
            ``(2) Type and color.--Each label statement required by 
        subsection (a) shall be printed in at least 17 point type with 
        adjustments as determined appropriate by the Secretary. All the 
        letters in the label shall appear in conspicuous and legible 
        type, in contrast by typography, layout, or color with all 
        other printed material on the package, and be printed in a 
        black-on-white or white-on-black format as determined 
        appropriate by the Secretary.
    ``(d) Requirements for Advertising.--
            ``(1) Location.--Each label statement required by 
        subsection (b) shall occupy not less than 50 percent of the 
        area of the advertisement involved.
            ``(2) Type and color.--
                    ``(A) Type.--Each label statement required by 
                subsection (b) shall be printed in a point type that is 
                not less than the following types:
                            ``(i) With respect to whole page 
                        advertisements on broadsheet newspaper--45 
                        point type.
                            ``(ii) With respect to half page 
                        advertisements on broadsheet newspaper--39 
                        point type.
                            ``(iii) With respect to whole page 
                        advertisements on tabloid newspaper--39 point 
                        type.
                            ``(iv) With respect to half page 
                        advertisements on tabloid newspaper--27 point 
                        type.
                            ``(v) With respect to DPS magazine 
                        advertisements--31.5 point type.
                            ``(vi) With respect to whole page magazine 
                        advertisements--31.5 point type.
                            ``(vii) With respect to 28cm x 3 column 
                        advertisements--22.5 point type.
                            ``(viii) With respect to 20cm x 2 column 
                        advertisements--15 point type.
                The Secretary may revise the required type sizes as the 
                Secretary determines appropriate within the 50 percent 
                requirement.
                    ``(B) Color.--All the letters in the label under 
                this paragraph shall appear in conspicuous and legible 
                type, in contrast by typography, layout, or color with 
                all other printed material and be printed in an 
                alternating black-on-white and white-on-black format as 
                determined appropriate by the Secretary.
    ``(e) Rotation of Label Statements.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        label statements specified in subsections (a) and (b) shall be 
        rotated by each manufacturer or importer of cigarettes 
        quarterly in alternating sequence on packages of each brand of 
        cigarettes manufactured by the manufacturer or importer and in 
        the advertisements for each such brand of cigarettes in 
        accordance with a plan submitted by the manufacturer or 
        importer and approved by the Federal Trade Commission. The 
        Federal Trade Commission shall approve a plan submitted by a 
        manufacturer or importer of cigarettes which will provide the 
        rotation required by this subsection and which assures that all 
        of the labels required by subsections (a) and (b) will be 
        displayed by the manufacturer or importer at the same time.
            ``(2) Application of other rotation requirements.--
                    ``(A) In general.--A manufacturer or importer of 
                cigarettes may apply to the Federal Trade Commission to 
                have the label rotation described in subparagraph (C) 
                apply with respect to a brand style of cigarettes 
                manufactured or imported by such manufacturer or 
                importer if--
                            ``(i) the number of cigarettes of such 
                        brand style sold in the fiscal year by the 
                        manufacturer or importer preceding the 
                        submission of the application is less than \1/
                        4\ of 1 percent of all the cigarettes sold in 
                        the United States in such year; and
                            ``(ii) more than \1/2\ of the cigarettes 
                        manufactured or imported by such manufacturer 
                        or importer for sale in the United States are 
                        packaged into brand styles which meet the 
                        requirements of clause (i).
                If an application is approved by the Commission, the 
                label rotation described in subparagraph (C) shall 
                apply with respect to the applicant during the 1-year 
                period beginning on the date of the application 
                approval.
                    ``(B) Plan.--An applicant under subparagraph (A) 
                shall include in its application a plan under which the 
                label statements specified in subsection (a) will be 
                rotated by the applicant manufacturer or importer in 
                accordance with the label rotation described in 
                subparagraph (C).
                    ``(C) Other rotation requirements.--Under the label 
                rotation which the manufacturer or importer with an 
                approved application may put into effect, each of the 
                labels specified in subsection (a) shall appear on the 
                packages of each brand style of cigarettes with respect 
                to which the application was approved an equal number 
                of times within the 12-month period beginning on the 
                date of the approval by the Commission of the 
                application.
    ``(f) Application of Requirement.--Subsection (a) does not apply to 
a distributor or a retailer of cigarettes who does not manufacture, 
package, or import cigarettes for sale or distribution within the 
United States.
    ``(g) Cigars; Pipe Tobacco.--
            ``(1) In general.--The Secretary shall promulgate such 
        regulations as may be necessary to establish warning labels for 
        cigars and pipe tobacco. Such regulations shall require 
        content-specific messages regarding health hazards posed by 
        cigars and pipe tobacco, include graphic illustrations of such 
        content messages, as is required under subsection (a), and be 
        formatted in a clear and unambiguous manner, as is required 
        under subsection (a).
            ``(2) Definitions.--In this subsection:
                    ``(A) Cigar.--The term `cigar' means any roll of 
                tobacco wrapped in leaf tobacco or in any substance 
                containing tobacco (other than any roll of tobacco that 
                is a cigarette or cigarillo).
                    ``(B) Pipe tobacco.--The term `pipe tobacco' means 
                any loose tobacco that, because of the appearance, 
                type, packaging or labeling of such tobacco, is likely 
                to be offered to, or purchased by, consumers as a 
                tobacco to be smoked in a pipe.''.
    (b) Effective Date.--The amendment made by this section shall take 
effect 1 year after the date of enactment of this section.

SEC. 3. AMENDMENT TO THE COMPREHENSIVE SMOKELESS TOBACCO HEALTH 
              EDUCATION ACT OF 1986.

    (a) Amendment.--The Comprehensive Smokeless Tobacco Health 
Education Act of 1986 (15 U.S.C. 4401 et seq.) is amended by striking 
section 3 and inserting the following:

``SEC. 3. SMOKELESS TOBACCO WARNING.

    ``(a) General Rule.--
            ``(1) Label on package.--It shall be unlawful for any 
        person to manufacture, package, or import for sale or 
        distribution within the United States any smokeless tobacco 
        product unless the product package bears, in accordance with 
        the requirements of this section, a warning label.
            ``(2) Label in advertisements.--It shall be unlawful for 
        any manufacturer, packager, or importer of smokeless tobacco 
        products to advertise or cause to be advertised within the 
        United States any smokeless tobacco product unless the 
        advertising bears, in accordance with the requirements of this 
        Act, one of the labels required by paragraph (1).
    ``(b) Regulations.--Not later than 1 year after the date of 
enactment of this section, the Secretary shall promulgate regulations 
describing the warning labels required under subsection (a).
    ``(c) Content of Label.--The regulations promulgated under 
subsection (b) shall ensure that the text of each warning label 
addresses one of the following:
            ``(1) Diseases resulting from use of smokeless tobacco 
        products.
            ``(2) Any physical addiction that results from using 
        smokeless tobacco products.
            ``(3) The influence that use of smokeless tobacco products 
        by adults has on young children and teenagers and the 
        consequences of such use.
    ``(d) Number of Labels.--The regulations promulgated under 
subsection (b) shall ensure that not less than 2 warning labels are 
created for each subject matter described in paragraphs (1), (2), and 
(3) of subsection (c). Such regulations shall also require that each 
package of smokeless tobacco bear 1 warning label that shall be rotated 
in accordance with subsection (g).
    ``(e) Graphics.--
            ``(1) In general.--The regulations promulgated under 
        subsection (b) shall ensure that each warning label required by 
        subsection (a) contains a color graphic or picture that 
        illustrates or emphasizes to the greatest practicable extent 
        the message of the text of the corresponding warning label.
            ``(2) Contents.--The graphics described in paragraph (1) 
        shall enhance the message of the text of the warning label and 
        may include a color picture of one of the following:
                    ``(A) A diseased mouth or other physical effect of 
                using smokeless tobacco products.
                    ``(B) An individual using a smokeless tobacco 
                product.
                    ``(C) Children watching an adult use a smokeless 
                tobacco product.
    ``(f) Format.--
            ``(1) Location.--Each label statement required by 
        subsection (a)(1) shall be located on the principal display 
        panel of the product and occupy not less than 50 percent of 
        such panel.
            ``(2) Type and color.--Each label statement required by 
        subsection (a)(1) shall be printed in 17 point type with 
        adjustments as determined appropriate by the Secretary to 
        reflect the length of the required statement. All the letters 
        in the label shall appear in conspicuous and legible type in 
        contrast by typography, layout, or color with all other printed 
        material on the package and be printed in an alternating black 
        on white and white on black format as determined appropriate by 
        the Secretary.
    ``(g) Advertising and Rotation.--The provisions of sections (d) and 
(e)(1) of the Federal Cigarette Labeling and Advertising Act (as 
amended by the Stronger Tobacco Warning Labels to Save Lives Act) shall 
apply to advertisements for smokeless tobacco products required under 
subsection (a)(2) and the rotation of the label statements required 
under subsection (a)(1) on such products.
    ``(h) Application of Requirement.--Subsection (a) does not apply to 
a distributor or a retailer of smokeless tobacco products who does not 
manufacture, package, or import such products for sale or distribution 
within the United States.
    ``(i) Television and Radio Advertising.--It shall be unlawful to 
advertise smokeless tobacco or cigars on any medium of electronic 
communications subject to the jurisdiction of the Federal 
Communications Commission.''.
    (b) Effective Date.--The amendment made by this section shall take 
effect 1 year after the date of enactment of this section.
[EX A]: Stronger Tobacco Warning Labels to Save Lives Act - Amends the Federal Cigarette Labeling and Advertising Act and the Comprehensive Smokeless Tobacco Health Education Act of 1986 to make it unlawful for any person to manufacture, package, or import for sale or distribution within the United States any cigarettes or smokeless tobacco products unless the product package bears, in accordance with the specified requirements of this Act, a warning label on the upper portion of the front and back panels of the cigarette package or carton. Specifies label requirements for advertisements. Requires the rotation of labels for both packages and advertisements in accordance with a Federal Trade Commission approved plan.

[EX Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fracturing Regulations are Effective 
in State Hands Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) hydraulic fracturing is a commercially viable practice 
        that has been used in the United States for more than 60 years 
        in more than 1,000,000 wells;
            (2) the Ground Water Protection Council, a national 
        association of State water regulators that is considered to be 
        a leading groundwater protection organization in the United 
        States, released a report entitled ``State Oil and Natural Gas 
        Regulations Designed to Protect Water Resources'' and dated May 
        2009 finding that the ``current State regulation of oil and gas 
        activities is environmentally proactive and preventive'';
            (3) that report also concluded that ``[a]ll oil and gas 
        producing States have regulations which are designed to provide 
        protection for water resources'';
            (4) a 2004 study by the Environmental Protection Agency, 
        entitled ``Evaluation of Impacts to Underground Sources of 
        Drinking Water by Hydraulic Fracturing of Coalbed Methane 
        Reservoirs'', found no evidence of drinking water wells 
        contaminated by fracture fluid from the fracked formation;
            (5) a 2009 report by the Ground Water Protection Council, 
        entitled ``State Oil and Natural Gas Regulations Designed to 
        Protect Water Resources'', found a ``lack of evidence'' that 
        hydraulic fracturing conducted in both deep and shallow 
        formations presents a risk of endangerment to ground water;
            (6) a January 2009 resolution by the Interstate Oil and Gas 
        Compact Commission stated ``The states, who regulate 
        production, have comprehensive laws and regulations to ensure 
        operations are safe and to protect drinking water. States have 
        found no verified cases of groundwater contamination associated 
        with hydraulic fracturing.'';
            (7) on May 24, 2011, before the Oversight and Government 
        Reform Committee of the House of Representatives, Lisa Jackson, 
        the Administrator of the Environmental Protection Agency, 
        testified that she was ``not aware of any proven case where the 
        fracking process itself has affected water'';
            (8) in 2011, Bureau of Land Management Director Bob Abbey 
        stated, ``We have not seen evidence of any adverse effect as a 
        result of the use of the chemicals that are part of that 
        fracking technology.'';
            (9)(A) activities relating to hydraulic fracturing (such as 
        surface discharges, wastewater disposal, and air emissions) are 
        already regulated at the Federal level under a variety of 
        environmental statutes, including portions of--
                    (i) the Federal Water Pollution Control Act (33 
                U.S.C. 1251 et seq.);
                    (ii) the Safe Drinking Water Act (42 U.S.C. 300f et 
                seq.); and
                    (iii) the Clean Air Act (42 U.S.C. 7401 et seq.); 
                but
            (B) Congress has continually elected not to include the 
        hydraulic fracturing process in the underground injection 
        control program under the Safe Drinking Water Act (42 U.S.C. 
        300f et seq.);
            (10) in 2011, the Secretary of the Interior announced the 
        intention to promulgate new Federal regulations governing 
        hydraulic fracturing on Federal land;
            (11) a February 2012 study by the Energy Institute at the 
        University of Texas at Austin, entitled ``Fact-Based Regulation 
        for Environmental Protection in Shale Gas Development'', found 
        that ``[n]o evidence of chemicals from hydraulic fracturing 
        fluid has been found in aquifers as a result of fracturing 
        operations''; and
            (12) on October 1, 2014, the Ground Water Protection 
        Council and State Oil and Gas Regulatory Exchange released a 
        report entitled ``State Oil and Gas Regulations Designed to 
        Protect Water Resources'' that describes the cutting edge of 
        State-based oil and gas regulations, concluding that ``In step 
        with dramatic industry growth over the past five years, states 
        have substantially improved groundwater protection laws and 
        regulations governing oil and natural gas production.''.

SEC. 3. DEFINITION OF FEDERAL LAND.

    In this Act, the term ``Federal land'' means--
            (1) public lands (as defined in section 103 of the Federal 
        Land Policy and Management Act of 1976 (43 U.S.C. 1702));
            (2) National Forest System land;
            (3) land under the jurisdiction of the Bureau of 
        Reclamation; and
            (4) land under the jurisdiction of the Corps of Engineers.

SEC. 4. STATE AUTHORITY.

    (a) In General.--A State shall have the sole authority to 
promulgate or enforce any regulation, guidance, or permit requirement 
regarding the treatment of a well by the application of fluids under 
pressure to which propping agents may be added for the expressly 
designed purpose of initiating or propagating fractures in a target 
geologic formation in order to enhance production of oil, natural gas, 
or geothermal production activities on or under any land within the 
boundaries of the State.
    (b) Federal Land.--The treatment of a well by the application of 
fluids under pressure to which propping agents may be added for the 
expressly designed purpose of initiating or propagating fractures in a 
target geologic formation in order to enhance production of oil, 
natural gas, or geothermal production activities on Federal land shall 
be subject to the law of the State in which the land is located.
[EX A]: Fracturing Regulations are Effective in State Hands Act  This bill gives states the sole authority to promulgate or enforce any regulation, guidance, or permit requirement regarding hydraulic fracturing on or under any land within their boundaries. Hydraulic fracturing or fracking is a process to extract underground resources such as oil or gas from a geologic formation by injecting water, a propping agent (e.g., sand), and chemical additives into a well under enough pressure to fracture the geological formation. Hydraulic fracturing on federal land must comply with the law of the state in which the land is located.

[EX Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Voluntary Environmental Self-
Evaluation Act''.

SEC. 2. DEFINITIONS.

    As used in this Act:
            (1) Federal agency.--The term ``Federal agency'' means any 
        agency (as defined in section 551 of title 5, United States 
        Code) with authority to administer or enforce any environmental 
        law.
            (2) State agency.--The term ``State agency'' means any 
        agency or instrumentality of the executive branch of a State or 
        local government with authority to administer or enforce any 
        environmental law.
            (3) Environmental law.--The term ``environmental law'' 
        means the following:
                    (A) Each of the following Federal laws:
                            (i) The Federal Insecticide, Fungicide, and 
                        Rodenticide Act (7 U.S.C. 136 et seq.).
                            (ii) The Toxic Substances Control Act (15 
                        U.S.C. 2601 et seq.).
                            (iii) The Federal Water Pollution Control 
                        Act (33 U.S.C. 1251 et seq.).
                            (iv) The Safe Drinking Water Act (42 U.S.C. 
                        300f et seq.).
                            (v) The solid Waste Disposal Act (42 U.S.C. 
                        6901 et seq.).
                            (vi) The Clean Air Act (42 U.S.C. 7401 et 
                        seq.).
                            (vii) The Comprehensive Environmental 
                        Response, Compensation, and Liability Act of 
                        1980 (42 U.S.C. 9601 et seq.).
                            (viii) The Emergency Planning and Community 
                        Right-To-Know Act of 1986 (42 U.S.C. 11001 et 
                        seq.).
                            (ix) The Oil Pollution Act of 1980 (33 
                        U.S.C. 2701 et seq.).
                            (x) The Noise Control Act of 1982 (42 
                        U.S.C. 4901 et seq.).
                            (xi) The Pollution Prevention Act of 1990 
                        (42 U.S.C. 13101 et seq.).
                            (xii) The Endangered Species Act (16 U.S.C. 
                        1531 et seq.).
                            (xiii) The Surface Mining Control and 
                        Reclamation Act (30 U.S.C. 1201).
                            (xiv) The Rivers and Harbors Act (33 U.S.C. 
                        401-465).
                            (xv) The Hazardous Materials Transportation 
                        Act (49 U.S.C. 1801-1813).
                            (xvi) Any other statute enacted after the 
                        effective date of this Act that addresses the 
                        same or similar subject matter.
                    (B) Any legal requirement in effect in a State 
                under a program delegated to the State under a law 
                listed in subparagraph (A) or which the State is 
                authorized to operate in lieu of a Federal program 
                under a law listed in subparagraph (A).
        Such term includes any regulation or other requirement issued 
        under a law in subparagraph (A) or (B) and the terms and 
        conditions of any permit issued under any such law.
            (4) Voluntary environmental self-evaluation.--The term 
        ``voluntary environmental self-evaluation'' means a periodic 
        and objective review by regulated entities of facility 
        operations and practices related to meeting environmental 
        requirements. Such term shall not include an environmental 
        compliance management system.
            (5) Environmental compliance management system.--The term 
        ``environmental compliance management system'' encompasses the 
        regulated entity's systematic efforts, appropriate to the size 
        and nature of its business, to prevent, detect, and correct 
        violations through all of the following:
                    (A) Compliance policies, standards, and procedures 
                that identify how employees and agents are to meet the 
requirements of laws, regulations, permits, and other sources of 
authority for environmental requirements.
                    (B) Assignment of overall responsibility for 
                overseeing compliance with policies, standards, 
                procedures, and assignment of specific responsibility 
                for assuring compliance at each facility or operation.
                    (C) Mechanisms for systematically assuring that 
                compliance policies, standards, and procedures are 
                being carried out, including monitoring and auditing 
                systems reasonably designed to detect and correct 
                violations, periodic evaluation of the overall 
                performance of the compliance management system, and a 
                means for employees or agents to report violations of 
                environmental requirements without fear of retaliation.
                    (D) Efforts to communicate effectively the 
                regulated entity's standards and procedures to all 
                employees and other agents.
                    (E) Appropriate incentives to managers and 
                employees to perform in accordance with the compliance 
                policies, standards, and procedures, including 
                consistent enforcement through appropriate disciplinary 
                mechanisms.
                    (F) Procedures for the prompt and appropriate 
                correction of any violations, and any necessary 
                modifications to the regulated entity's program to 
                prevent future violations.
            (6) Voluntary environmental self-evaluation report.--(A) 
        The term ``voluntary environmental self-evaluation report'' 
        means documents prepared as a result of a voluntary 
        environmental self-evaluation. An environmental self-evaluation 
        report shall include any field notes, drafts, memoranda, 
        drawings, photographs, computer software or stored information 
        or electronically recorded information, maps, charts, graphs, 
        surveys, analyses (including laboratory results, instrument 
        readings, and field analyses), or any other information 
        pertaining to observations, findings, opinions, suggestions, or 
        conclusions, if such supporting information is collected or 
        developed for the primary purpose and in the course of the 
        self-evaluation.
            (B) The report may include, but is neither limited to nor 
        required to contain, the following general component parts:
                    (i) A document prepared by the auditor or 
                evaluator, which may describe the scope of the 
                evaluation, the information learned, conclusions and 
                recommendations, and exhibits and appendices.
                    (ii) An analysis of a portion or all of the self-
                evaluation or issues arising therefrom.
                    (iii) An implementation plan or tracking system 
                that addresses actions taken or to be taken by the 
                owner or operator of the facility as a result of the 
                self-evaluation.
            (7) Civil proceedings.--The term ``civil proceeding'' 
        includes any administrative or civil judicial proceeding, 
        including those for suspension, or listing.
            (8) Regulated entity.--The term ``regulated entity'' means 
        an entity, including a Federal, State, or municipal agency or 
        facility, regulated under an environmental law.

SEC. 3. NONDISCLOSURE PRIVILEGE.

    (a) In General.--No information contained in any voluntary 
environmental self-evaluation report, and no testimony relating to a 
voluntary environmental self-evaluation shall be admissible evidence in 
any Federal or State administrative or judicial proceeding under any 
environmental law or subject to discovery in any such proceeding, 
except as otherwise provided in this section.
    (b) Information Not Subject to Privilege.--The privilege under 
subsection (a) shall not apply to--
            (1) any information required to be developed, maintained, 
        or reported pursuant to any environmental law; or
            (2) information with respect to a regulated entity's 
        specific intentional or willful violation of an environmental 
        law.
    (c) Waiver.--Any entity entitled to a privilege of nondisclosure 
under subsection (a) may waive such privilege by means of an express 
written statement specifically describing the information to which such 
waiver applies. No disclosure of information pursuant to a 
confidentiality agreement in a business or financial transaction shall 
be considered to be an express written statement waiving the privileges 
under this section.
    (d) In Camera Hearing.--Whenever any person seeks to obtain any 
information described in subsection (a) from any other entity for use 
in any administrative or judicial proceeding, if such other entity 
refuses to disclose the information on the basis of a privilege under 
subsection (a), the person seeking disclosure may request an 
administrative law judge (in the case of an administrative proceeding) 
or the court (in the case of any civil or criminal proceeding) to 
convene an in camera proceeding to determine the application of the 
privilege. The administrative law judge or the court shall initiate 
such a proceeding and require disclosure of such information to the 
court under seal for purposes of making such determination. In any such 
hearing, the entity asserting the privilege shall have the burden of 
asserting a prima facie basis for the privilege and the person seeking 
disclosure shall have the burden of persuasion that the privilege 
should not apply.
    (e) Civil Proceedings.--The privilege under subsection (a) shall 
not apply in any civil proceeding if the administrative law judge (in 
the case of an administrative proceeding) or the court (in the case of 
a judicial proceeding) determines, in an in camera proceeding under 
subsection (d), that--
            (1) the report, finding, opinion, or other document or 
        communication or testimony indicates noncompliance with an 
        environmental law by such entity, and such entity failed to 
        initiate efforts to achieve compliance with the law within a 
        reasonable period of time in a manner consistent with 
        applicable provisions of law;
            (2) such entity is asserting the applicability of the 
        privilege under this section for a fraudulent purpose; or
            (3) the report was prepared for the purpose of avoiding 
        disclosure of information required for a then pending or 
        imminent specific investigative, administrative, or judicial 
        proceeding of which the regulated entity had knowledge.
Whenever an administrative law judge or a court has ruled under this 
subsection that the privilege does or does not apply to any report, 
finding, opinion, or other document or communication or testimony of 
any entity, such entity may appeal such ruling to the appropriate 
United States district court (in the case of an administrative law 
judge) or to the appropriate court of appeals (in the case of a ruling 
by a court) and such court shall review such ruling and issue a 
decision on the appeal within 30 days after the filing of the appeal.
    (f) Criminal Proceedings.--The privilege under subsection (a) shall 
not apply in any criminal proceeding if the court, in an in camera 
hearing, makes any determination referred to in subsection (e). A law 
enforcement official, having probable cause (based upon information 
obtained from a source independent of a voluntary environmental self-
evaluation report) to believe that a criminal offense has been 
committed under any of the covered environmental laws and that the 
report constitutes evidence of such offense, may obtain the report 
pursuant to a lawful search and seizure. However, upon taking 
possession of the report, the law enforcement official shall 
immediately place it under seal and shall not review, disclose, or 
otherwise use the contents of the report in any way, unless the person 
or entity for whom the report was prepared expressly waives its 
protected status pursuant to subsection (c) or the court determines 
that the report is subject to disclosure in an in camera hearing under 
subsection (d). During any such hearing, the court shall permit the 
agency to review, but not to disclose or use the information for 
purposes of any investigation or proceeding.

SEC. 4. IMMUNITY FOR CERTAIN VOLUNTARY DISCLOSURES.

    (a) In General.--Whenever any entity has disclosed to the Federal 
or State agency administering any environmental law information 
relating to the violation by such entity of such environmental law as a 
result of a voluntary environmental self-evaluation performed by such 
entity or an environmental compliance management system used by such 
entity, such entity and officers, employees, and agents of such entity 
shall be immune from prosecution in any Federal or State 
administrative, civil, or criminal proceeding regarding such violation 
(other than a criminal proceeding for conduct involving specific intent 
to violate the law), and the information disclosed shall not be 
admissible in any court or administrative proceeding, if--
            (1) such entity (or officer, employee, or agent) ensures 
        that the disclosure is made promptly after receiving knowledge 
        of the information;
            (2) such entity (or officer, employee, or agent) initiates 
        efforts to achieve compliance in a manner consistent with 
        applicable provisions of law;
            (3) such entity (or officer, employee, or agent) is not 
        asserting the applicability of the immunity under this section 
        for a fraudulent purpose;
            (4) such information is not disclosed for the purpose of 
        avoiding penalties in an investigative, administrative, or 
        judicial proceeding that, at the time of disclosure, was 
        imminent or in progress; and
            (5) such entity (or officer, employee, or agent) discloses 
        such other information relating to the violation as the agency 
        concerned reasonably requests, other than information subject 
        to a nondisclosure privilege under section 3 or under any other 
        authority of law.
    (b) Exclusions.--The immunity under subsection (a) shall not apply 
to an entity if the violation concerned is part of a pattern of 
significant violations (counting any multiday occurrence stemming from 
the same cause as a single violation) that has occurred within the past 
3 years at the same facility or at different facilities under the 
common control of a regulated entity whose senior management had actual 
knowledge of the violations and failed to take timely corrective 
action. For purposes of this section, a violation is any violation of 
an environmental law identified in a judicial or administrative order, 
consent agreement or order, conviction, or plea agreement.
    (c) Procedure.--
            (1) Presumption.--Whenever a regulated entity voluntarily 
        discloses to a Federal or State agency information relating to 
        the violation by such entity of an environmental law, if such 
        information was obtained as a result of a voluntary 
        environmental self-evaluation, or from an environmental 
        compliance management system, the entity shall be presumed to 
        be entitled to immunity under this section with respect to such 
        violation if the entity provides information supporting a claim 
        that the entity is qualified for such immunity at the time the 
        entity makes the disclosure. Such presumption shall be 
        conclusive unless challenged by the agency within 60 days of 
        the disclosure.
            (2) Judicial determination.--An entity may request the 
        appropriate United States district court for a determination 
        regarding whether or not the immunity under subsection (a) is 
        applicable to such entity (or officer or employee or agent) 
        with respect to any violation.

SEC. 5. SAVINGS CLAUSE.

    (a) Authority To Issue Certain Orders.--Nothing in this Act shall 
be construed to affect the authority of a Federal or State agency 
responsible for administering an environmental law to issue a cease and 
desist order or to seek a temporary restraining order or injunction for 
any violation of an environmental law.
    (b) State Privileges and Immunities.--Nothing in this Act shall be 
construed to limit any privilege against disclosure in effect under 
State law. Nothing in this Act shall be construed to limit any immunity 
available to any person under State law.

SEC. 6. EFFECTIVE DATE.

    This Act shall take effect with respect to civil and criminal 
proceedings commenced after the enactment of this Act.
[EX A]:
Voluntary Environmental Self-Evaluation Act - Makes information contained in any voluntary environmental self-evaluation and any related testimony inadmissible evidence (and not subject to discovery) in Federal or State administrative or judicial proceedings under any Federal environmental law. Makes such privilege inapplicable to information: (1) required to be developed, maintained, or reported pursuant to such laws; or (2) with respect to a regulated entity's intentional or willful violation of such a law.Provides immunity from prosecution for voluntary disclosures of information relating to violations of an environmental law as a result of a voluntary environmental self-evaluation if certain conditions are met, including that the disclosure is made promptly and efforts to achieve compliance are initiated. Precludes immunity if the violation concerned is part of a pattern of significant violations.