[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4218 Introduced in House (IH)]







104th CONGRESS
  2d Session
                                H. R. 4218

   To increase penalties and strengthen enforcement of environmental 
                    crimes, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 26, 1996

  Mr. Schumer (for himself, Mr. Reed, Mr. Pallone, and Mr. Miller of 
 California) introduced the following bill; which was referred to the 
   Committee on the Judiciary, and in addition to the Committees on 
     Commerce, Agriculture, Transportation and Infrastructure, 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

_______________________________________________________________________

                                 A BILL


 
   To increase penalties and strengthen enforcement of environmental 
                    crimes, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Environmental Crimes and Enforcement 
Act of 1996''.

SEC. 2. JOINT FEDERAL, STATE, LOCAL, AND TRIBAL ENVIRONMENTAL 
              ENFORCEMENT.

    (a) In General.--Chapter 232 of title 18, United States Code, is 
amended by inserting after section 3673 the following:
``Sec. 3674. Reimbursement of State, local, or tribal government costs 
              for assistance in Federal investigation and prosecution 
              of environmental crimes
    ``(a) Upon the motion of the United States, any person who is found 
guilty of a criminal violation of the Federal environmental laws set 
forth in subsection (b) below, or conspiracy to violate such laws, may 
be ordered to pay the costs incurred by a State, local, or tribal 
government or an agency thereof for assistance to the Federal 
Government's investigation and criminal prosecution of the case. Such 
moneys shall be paid to the State, local, or tribal government or 
agency thereof and be used solely for the purpose of environmental law 
enforcement.
    ``(b) This section applies to a violation of, or a conspiracy to 
violate, any of the following provisions of law:
            ``(1) Section 14(b) of the Federal Insecticide, Fungicide, 
        and Rodenticide Act (7 U.S.C. 136l(b)).
            ``(2) Section 16(b) of the Toxic Substances Control Act (15 
        U.S.C. 2615(b)).
            ``(3) Sections 10, 12, 13, and 16 of the Rivers and Harbors 
        Appropriations Act of 1899 (33 U.S.C. 403, 406, 407, 411).
            ``(4) Sections 309(c) and 311(b)(5) of the Federal Water 
        Pollution Control Act (33 U.S.C. 1319(c), 1321(b)(5)).
            ``(5) Section 105(b) of the Marine Protection, Research, 
        and Sanctuaries Act of 1972 (33 U.S.C. 1415(b)).
            ``(6) Section 9(a) of the Act to Prevent Pollution from 
        Ships (33 U.S.C. 1908(a)).
            ``(7) Section 4109(c) of the Shore Protection Act of 1988 
        (33 U.S.C. 2609(c)).
            ``(8) Sections 1423 and 1432 of the Safe Drinking Water Act 
        (42 U.S.C. 300h-2, 300i-1).
            ``(9) Sections 3008(d), 3008(e), and 3008(i) of the 
        Resource Conservation and Recovery Act of 1976 (42 U.S.C. 
        6928(d), 6928(e), 6928(i)).
            ``(10) Section 113(c) of the Clean Air Act (42 U.S.C. 
        7413(c)).
            ``(11) Sections 103(b) and 103(d) of the Comprehensive 
        Environmental Response, Compensation, and Liability Act (42 
        U.S.C. 9603(b), 9603(d)).
            ``(12) Section 325(b)(4) of the Emergency Planning and 
        Community Right-to-Know Act of 1986 (42 U.S.C. 11045(b)(4)).
            ``(13) Section 303(a) of the Federal Land Policy and 
        Management Act of 1976 (43 U.S.C. 1733(a)).
            ``(14) Sections 5124, 60123(a), and 60123(b) of title 49, 
        United States Code.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 232 of title 18, United States Code, is amended by adding at 
the end the following new item:

``3674. Reimbursement of State, local, or tribal government costs for 
                            assistance in Federal investigation and 
                            prosecution of environmental crimes.''.

SEC. 3. PROTECTION OF GOVERNMENT EMPLOYEES AND THE PUBLIC.

    (a) In General.--Chapter 39 of title 18, United States Code, is 
amended by adding the following new section:
``Sec. 838. Protection of government employees and the public from 
              environmental crimes
    ``(a)(1) Any person who commits a criminal violation of a Federal 
environmental law identified in this subsection that is the direct or 
proximate cause of serious bodily injury to or death of any other 
person, including a Federal, State, local, or tribal government 
employee performing official duties as a result of the violation, shall 
be subject to a maximum term of imprisonment of 20 years, a fine of not 
more than $500,000, or both, and, if the defendant is an organization, 
to a fine of not more than $2,000,000.
    ``(2) The provisions of law to which this subsection applies are--
            ``(A) section 309(c)(2), 309(c)(4), or 311(b)(5) of the 
        Federal Water Pollution Control Act (33 U.S.C. 1319(c)(2), 
        1319(c)(4), 1321(b)(5));
            ``(B) section 105(b) of the Marine Protection, Research, 
        and Sanctuaries Act of 1972 (33 U.S.C. 1415(b));
            ``(C) section 1423 or 1432 of the Safe Drinking Water Act 
        (42 U.S.C. 300h-2, 300i-1);
            ``(D) section 3008(d) of the Resource Conservation and 
        Recovery Act of 1976 (42 U.S.C. 6928(d));
            ``(E) section 113(c)(1) or 113(c)(2) of the Clean Air Act 
        (42 U.S.C. 7413(c)(1), 7413(c)(2));
            ``(F) section 103(b) or 103(d) of the Comprehensive 
        Response, Compensation, and Liability Act (42 U.S.C. 9603(b), 
        9603(d));
            ``(G) section 325(b)(4) of the Emergency Planning and 
        Community Right-to-Know Act of 1986 (42 U.S.C. 11045(b)(4)); or
            ``(H) section 5124, 60123(a), or 60123(b) of title 49, 
        United States Code.
    ``(b)(1) Any person who commits a criminal violation of Federal 
environmental law identified in this subsection that is the direct or 
proximate cause of serious bodily injury to or death of any other 
person, including a Federal, State, local, or tribal government 
employee performing official duties as a result of the violation, shall 
be fined under this title or imprisoned not more than 5 years, or both, 
but if the defendant is an organization, the defendant may be fined not 
more than $1,000,000.
    ``(2) The provisions of law to which this subsection applies are--
            ``(A) section 14(b) of the Federal Insecticide, Fungicide, 
        and Rodenticide Act (7 U.S.C. 136l(b)); and
            ``(B) section 16(b) of the Toxic Substances Control Act (15 
        U.S.C. 2615(b)).
    ``(c) For purposes of this section, the term `serious bodily 
injury' means bodily injury which involves--
            ``(1) unconsciousness;
            ``(2) extreme physical pain;
            ``(3) protracted and obvious disfigurement; or
            ``(4) protracted loss or impairment of the function of a 
        bodily member, organ, or mental faculty.
    ``(d) For purposes of this section, the term `organization' means a 
legal entity, other than a government, established or organized for any 
purpose, and such term includes a corporation, company, association, 
firm, partnership, joint stock company, foundation, institution, trust, 
society, union, or any other association of persons.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 39 of title 18, United States Code, is amended by inserting 
after the item relating to section 837 the following:

``838. Protection of government employees and the public from 
                            environmental crimes.''.

SEC. 4. ENVIRONMENTAL CRIMES TRAINING FOR STATE, LOCAL, AND TRIBAL LAW 
              ENFORCEMENT.

    (a) Short Title.--This section may be cited as the ``Environmental 
Crimes Training Act of 1996''.
    (b) Program.--The Administrator of the Environmental Protection 
Agency, as soon as practicable, within the Office of Enforcement and 
Compliance Assurance, shall establish the State, local, and Tribal 
Environmental Enforcement Training Program to be administered by the 
National Enforcement Training Institute within the Office of Criminal 
Enforcement, Forensics and Training. This Program shall be dedicated to 
training State, local, and tribal law enforcement personnel in the 
investigation of environmental crimes at the Federal Law Enforcement 
Training Center (FLETC) in Glynn County, Georgia, at the EPA-FLETC 
training center or other training sites which are accessible to State, 
local, and tribal law enforcement. State, local, and tribal law 
enforcement personnel shall include, among others, the following: 
inspectors, civil and criminal investigators, technical experts, 
regulators, government lawyers, and police.

SEC. 5. STATUTE OF LIMITATIONS.

    (a) In General.--Chapter 213 of title 18, United States Code, is 
amended by adding after section 3294 the following new section--
``Sec. 3295. Felony environmental crimes
    ``(a) No person shall be prosecuted, tried, or punished for a 
violation of, or a conspiracy to violate, any of the offenses listed in 
subsection (b), unless the indictment is returned or the information is 
filed within 5 years after the offense is committed. However, when a 
person commits an affirmative act that conceals the offense from any 
Federal, State, local, or tribal government agency, that person shall 
not be prosecuted, tried, or punished for a violation of, or a 
conspiracy to violate, any of the offenses listed below in subsection 
(b) unless the indictment is returned or the information is filed 
within 5 years after the offense is committed, or within 3 years after 
the offense is discovered by a government agency, whichever is later 
but in no event later than 8 years after the offense is committed.
    ``(b) This section applies to a violation of--
            ``(1) section 309(c)(2), 309(c)(3), 309(c)(4), or 311(b)(5) 
        of the Federal Water Pollution Control Act (33 U.S.C. 
        1319(c)(2), 1319(c)(3), 1319(c)(4), 1321(b)(5));
            ``(2) section 105(b) of the Marine Protection, Research, 
        and Sanctuaries Act of 1972 (33 U.S.C. 1415(b));
            ``(3) section 9(a) of the Act to Prevent Pollution from 
        Ships (33 U.S.C. 1908(a));
            ``(4) section 4109(c) of the Shore Protection Act of 1988 
        (33 U.S.C. 2609(c));
            ``(5) section 1423 or 1432 of the Safe Drinking Water Act 
        (42 U.S.C. 300h-2, 300i-1);
            ``(6) section 3008(d) or 3008(e) of the Resource 
        Conservation and Recovery Act of 1976 (42 U.S.C. 6928(d), 
        6928(e));
            ``(7) section 113(c)(1), 113(c)(2), 113(c)(3), or 113(c)(5) 
        of the Clean Air Act (42 U.S.C. 7413(c)(1), 7413(c)(2), 
        7413(c)(3), 7413(c)(5));
            ``(8) section 103(b) or 103(d) of the Comprehensive 
        Response, Compensation, and Liability Act (42 U.S.C. 9603(b), 
        9603(d));
            ``(9) section 325(b)(4) of the Emergency Planning and 
        Community Right-to-Know Act of 1986 (42 U.S.C. 11045(b)(4)); or
            ``(10) section 5124, 60123(a), or 60123(b) of title 49, 
        United States Code.''.
    (b) Clerical Amendment.--The table of sections of chapter 213 of 
title 18, United States Code, is amended by inserting after the item 
referring to section 3294 the following new item:

``3295. Felony environmental crimes.''.

SEC. 6. ATTEMPTS.

    (a) Federal Insecticide, Fungicide, and Rodenticide Act.--Section 
14(b) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 
U.S.C. 136l(b)) is amended by adding the following new paragraph:
            ``(5) Attempts.--Any person who attempts to commit the 
        conduct that constitutes an offense under paragraph (1) of this 
        subsection shall be subject to the same penalties as those 
        prescribed for such an offense.''.
    (b) Toxic Substances Control Act.--Section 16(b) of the Toxic 
Substances Control Act (15 U.S.C. 2615(b)), is amended by inserting 
``(1)'' before ``Any'' and by adding the following new paragraph:
            ``(2) Any person who attempts to commit the conduct that 
        constitutes any offense under paragraph (1) of this subsection 
        shall be subject to the same penalties as those prescribed for 
        such offense.''.
    (c) Federal Water Pollution Control Act.--Section 309(c) of the 
Federal Water Pollution Control Act (33 U.S.C. 1319(c)), is amended by 
adding after paragraph (7) the following new paragraph:
            ``(8) Any person who attempts to commit the conduct that 
        constitutes any offense under paragraph (2), (3), or (4) of 
        this subsection shall be subject to the same penalties as those 
        prescribed for such offense.''.
    (d) Ocean Dumping.--Section 105(b) of the Marine Protection, 
Research, and Sanctuaries Act of 1972 (33 U.S.C. 1415(b)) is amended by 
striking ``and'' at the end of paragraph (1), striking the period at 
the end of paragraph (2)(B) and inserting ``; and'', and adding after 
paragraph (2) the following new paragraph:
            ``(3) any person who attempts to commit conduct that 
        constitutes an offense under paragraph (1) of this subsection 
        shall be subject to the same penalties as those prescribed for 
        such offense.''.
    (e) MARPOL.--Section 9(a) of the Act to Prevent Pollution from 
Ships (33 U.S.C. 1908(a)) is amended by inserting ``(1)'' before ``A 
person'', and by adding at the end the following new paragraph:
    ``(2) Any person who attempts to commit conduct that constitutes an 
offense under paragraph (1) of this subsection shall be subject to the 
same penalties as those prescribed for such offense.''.
    (f) Solid Waste Disposal Act.--Section 3008 of the Solid Waste 
Disposal Act (42 U.S.C. 6928), is amended by adding after section 
3008(h) the following new subsection:
    ``(i) Any person who attempts to commit the conduct that 
constitutes any offense under subsection (d) or (e) of this section 
shall be subject to the same penalties as those prescribed for such 
offense.''.
    (g) Clean Air Act.--Section 113(c) of the Clean Air Act (42 U.S.C. 
7413(c)), is amended by adding after paragraph (6) the following new 
paragraph:
            ``(7) Any person who attempts to commit the conduct that 
        constitutes any offense under paragraphs (1), (2), or (3) of 
        this subsection shall be subject to the same penalties as those 
        prescribed for such offense.''.

SEC. 7. ENVIRONMENTAL CRIMES RESTITUTION.

    (a) Generally.--Section 3663(a)(1) of title 18, United States Code, 
is amended by striking ``or'' before ``section 46312'' and inserting 
``or an environmental crime listed in section 3674 of this title,'' 
after ``section 3663A(c),''
    (b) Definition of ``Victim''.--Subsection 3663(b) of title 18, 
United States Code, is amended--
            (1) by striking ``and'' at the end of paragraph (4);
            (2) by striking the period at the end of paragraph (5) and 
        inserting ``; and''; and
            (3) by inserting after paragraph (5) the following:
            ``(6) in the case of an offense resulting in pollution of 
        or damage to the environment, pay for removal and remediation 
        of the environmental pollution or damage and restoration of the 
        environment, to the extent of the pollution or damage resulting 
        from the offense; in such a case, the term `victim' in section 
        3663(a)(2) includes a community or communities, whether or not 
        the members are individually identified.''.

SEC. 8. PREVENTION OF ALIENATION OR DISPOSAL OF ASSETS NEEDED TO REMEDY 
              ENVIRONMENTAL HARMS CAUSED BY ENVIRONMENTAL CRIMES.

    (a) In General.--Chapter 39 of title 18, United States Code, is 
amended by inserting after section 838 the following:
``Sec. 839. Prejudgment orders to secure payment for environmental 
              damage
    ``(a) At the time of the filing of an indictment or information for 
the violation of any of the statutory provisions set forth in section 
838(a) of this title, or at any time thereafter, if, after notice to 
the defendant, the United States shows probable cause to believe that--
            ``(1) the defendant will conceal, alienate, or dispose of 
        property, or place property outside the jurisdiction of the 
        Federal district courts; and
            ``(2) the defendant will thereby reduce or impair the 
        defendant's ability to pay restitution, in whole or in part, 
        including removal and remediation of environmental pollution or 
        damage and restoration of the environment resulting from the 
        statutory violation;
the court may order the defendant not to alienate or dispose of any 
such property, or place such property outside the jurisdiction of the 
United States district courts, without leave of the court. The 
Government shall bear the burden of proving, by a preponderance of the 
evidence, the projected cost for the removal and remediation of the 
environmental pollution or damage and restoration of the environment.
    ``(b) Defenses.--The defendant may establish the following 
affirmative defenses to a motion by the Government under this section:
            ``(1) That the defendant possesses other assets sufficient 
        to pay restitution, including the costs of removal and 
        remediation of the environmental pollution or damage and 
        restoration of the environment resulting from the statutory 
        violation, provided that the defendant places those other 
        assets under the control of the court.
            ``(2) That the defendant has made full restitution, 
        including the removal and remediation of the environmental 
        pollution or damage and restoration of the environment.
    ``(c) Procedures.--Any proceeding under this section is governed by 
the Federal Rules of Criminal Procedure.
    ``(d) Property Defined.--For the purposes of this section, 
`property' shall include--
            ``(1) real property, including things growing on, affixed 
        to, and found in land; and
            ``(2) tangible and intangible personal property, including 
        money, rights, privileges, interests, claims, and securities.
    ``(e) Expiration of Order.--The court may amend an order issued 
pursuant to this section at any time. In no event, however, shall the 
order extend beyond sentencing, in the case of a conviction, or a 
dismissal or acquittal of the prosecution.
    ``(f) All Writs Act.--Nothing in this section diminishes the powers 
of the court otherwise available under section 1651 of title 28.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 39 of title 18, United States Code, is amended by adding after 
the item relating to section 838, the following new item--

``839. Prejudgment orders to secure payment for environmental 
                            damage.''.
                                 <all>