[Congressional Record Volume 143, Number 80 (Tuesday, June 10, 1997)]
[Senate]
[Page S5456]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. HUTCHISON:
  S. 866. A bill to amend title 29, 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; to the Committee on the Judiciary.


              The Environmental Protection Partnership Act

  Mrs. HUTCHISON. Mr. President, the title of the bill I send to the 
desk is the Environmental Protection Partnership Act of 1997. By 
introducing this bill, I am suggesting that the Federal Government take 
a cue from the States regarding environmental protection. Many State 
governments have passed laws that allow for voluntary audits of 
environmental compliance. These laws encourage a company to conduct an 
audit of its compliance with environmental laws. By conducting the 
audit, the company determines whether it is in compliance with all 
environmental laws. If it is not, these state laws allow the company, 
without penalty, to correct any violations it finds so it will come 
into compliance.
  What my bill does is let the Federal Government do the same thing. It 
lets the Federal Government say to companies all over America, if you 
want to do a voluntary audit for environmental compliance, we are going 
to let you do that. We will encourage you but not force you to do it. 
And we are not going to come in and threaten you with the hammer of the 
EPA if you, in fact, move swiftly to come into compliance when you find 
that you are not in compliance.
  We think this is the most effective way to clean up the air and 
water. Our air and water are invaluable natural resources. They are 
cleaner than they have been in 25 years, and we want to keep improving 
our efforts to guarantee their protection. This bill will ensure that, 
in the same fashion as many States have done. It does not preempt State 
law. If State laws are on the books, then the State laws prevail. But 
this offers companies all over our country the ability to comply with 
Federal standards in a voluntary way, to critically assess their 
compliance and not be penalized if they then take action to immediately 
come into compliance.
  So I am asking that we take up this bill very quickly in committee. I 
think through this bill we can do a lot of good for America.
  Mr. President, today I introduce legislation that will ensure that we 
continue to increase the protection of our environment in the United 
States. My bill, the Environmental Protection Partnership Act of 1997, 
provides incentives for companies to assess their own environmental 
compliance. Rather than playing a waiting game for EPA to find 
environmental violations, companies will find--and stop--violations. 
Many more violations will be corrected, and many others will be 
prevented.
  Under my bill, if a company voluntarily completes an environmental 
audit--a thorough review of its compliance with environmental laws--the 
audit report may not be used against the company in court. The report 
can be used in court, however, if the company found violations and did 
not promptly make efforts to comply. By extending this privilege, a 
company that looks for, finds, and remedies problems will continue this 
good conduct, and protect the environment.
  In addition, if a company does an audit, and promptly corrects any 
violations, the company may choose to disclose the violation to EPA. If 
the company does disclose the violation, the company will not be 
penalized for the violations. By ensuring companies that they will not 
be dragged into court for being honest, the bill encourages companies 
to find and fix violations and report them to EPA.
  This does not mean that companies that pollute go scot-free. Under 
this bill, there is no protection for: willful and intentional 
violators; companies that do not promptly cure violations; companies 
asserting the law fraudulently; or companies trying to evade an 
imminent or ongoing investigation. Further, the bill does not protect 
companies that have policies that permit ongoing patterns of violations 
of environmental laws. And where a violation results in a continuing 
adverse public health or environmental effect, a company may not use 
the protections of this law.
  Nor does this bill mean that EPA loses any authority to find 
violations and punish companies for polluting. EPA retains all its 
present authority.
  At the same time that EPA retains full authority to enforce 
environmental laws, I propose to engage every company voluntarily in 
environmental protection by creating the incentive for those companies 
to find and cure their own violations. This frees EPA to target its 
enforcement dollars on the bad actors--the companies that intentionally 
pollute our water and air.
  Twenty-one States have already passed audit laws. These States 
understand that to truly protect the environment, everyone must 
participate. These States have made it possible for companies to want 
to be good actors and play an active role in environmental protection. 
Texas has an audit law. Hundreds of companies have carried out a 
voluntary environmental audit, and after only 18 months, companies had 
already reported and corrected 50 violations. Other States report 
similar success.
  My bill does not mandate that States adopt these policies. It does 
not mandate that States amend their laws. Quite the opposite. My bill 
specifically does not preempt State law. Therefore, a State may choose 
not to enact an audit law, but a company in that State can still 
conduct a voluntary audit with respect to Federal environmental law. 
Further, in a State with an audit law, a company will be able to 
thoroughly review its entire State and Federal compliance, and remedy 
any violations it may find. Therefore, my bill supports--but does not 
supplant--State efforts by encouraging companies to audit their 
compliance with Federal environmental laws as well.
  We have made great strides in cleaning up our environment over the 
past 30 years. To continue this trend, we need to be preventing 
pollution, rather than always reacting to environmental problems after 
they occur. Even EPA agrees that to achieve this, companies need to 
play an active role in environmental protection. In a recent policy 
Statement, EPA pointed out that because Government resources are 
limited, maximum compliance cannot be achieved without active efforts 
by the regulated community to police themselves. The Environmental 
Protection Partnership Act will make companies active partners with EPA 
in assuring compliance with environmental laws.
  I am very pleased to be working with the majority leader on this 
legislation and I hope Members on both sides of the aisle will join me 
in this effort to increase environmental protection.
                                 ______