[Congressional Record Volume 145, Number 129 (Wednesday, September 29, 1999)]
[Senate]
[Page S11644]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. HUTCHISON (for herself and Mr. Lott):
  S. 1661. 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; to the Committee on the Judiciary.


          the environmental protection partnership act of 1999

 Mrs. HUTCHISON. Mr. President, today, along with Senator Lott, 
I am introducing the Environmental Protection Partnership Act of 1999. 
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 the 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.
  I believe 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 this 
protection, 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.
  My bill will ensure that we continue to increase the protection of 
our environment in the United States through providing 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 the 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 international 
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.
  Mr. President, I look forward to working with Senator Lott, Senator 
Hatch, chairman of the Judiciary Committee, as well as the rest of my 
colleagues in the Senate on this bill, which will pave the way to 
increased environmental compliance.
                                 ______