[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 2096 Introduced in Senate (IS)]







104th CONGRESS
  2d Session
                                 S. 2096

   Entitled the ``Environmental Crimes and Enforcement Act of 1996''.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 19, 1996

Mr. Lautenberg (for himself, Mr. Kerry, and Mrs. Boxer) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
   Entitled the ``Environmental Crimes and Enforcement Act of 1996''.

    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. FINDINGS.

    The Congress finds that--
            (1) Federal investigation and prosecution of environmental 
        crimes play a critical role in the protection of human health, 
        public safety, and the environment;
            (2) the effectiveness of environmental criminal enforcement 
        efforts is greatly strengthened by close cooperation and 
        coordination among Federal, State, local, and tribal 
        authorities; and
            (3) legislation is needed to facilitate Federal 
        investigation and prosecution of environmental crimes and to 
        increase the effectiveness of joint Federal, State, local, and 
        tribal criminal enforcement efforts.

SEC. 3. JOINT FEDERAL, STATE, LOCAL, AND TRIBAL ENVIRONMENTAL 
              ENFORCEMENT.

    (a) Chapter 232 of title 18 is amended by adding after section 3673 
the following new section 3674:
``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 
monies 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 subsection applies to a violation of any of the 
following statutes, or conspiracy to violate any of the following 
statutes:
            ``(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) The table of sections of chapter 232 of title 18, United States 
Code is amended by adding the following after the item relating to 
section 3673:

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

SEC. 4. PROTECTION OF GOVERNMENT EMPLOYEES AND THE PUBLIC.

    (a) 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) 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 twenty 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. The laws to which 
this subsection applies are--
            ``(1) 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));
            ``(2) section 105(b) of the Marine Protection, Research, 
        and Sanctuaries Act of 1972 (33 U.S.C. 1415(b));
            ``(3) section 1423 or 1432 of the Safe Drinking Water Act 
        (42 U.S.C. 300h-2, 300i-1);
            ``(4) section 3008(d) of the Resource Conservation and 
        Recovery Act of 1976 (42 U.S.C. 6928(d));
            ``(5) section 113(c)(1) or 113(c)(2) of the Clean Air Act 
        (42 U.S.C. 7413(c)(1), 7413(c)(2));
            ``(6) section 103(b) or 103(d) of the Comprehensive 
        Response, Compensation, and Liability Act (42 U.S.C. 9603(b), 
        9603(d));
            ``(7) section 325(b)(4) of the Emergency Planning and 
        Community Right-to-Know Act of 1986 (42 U.S.C. 11045(b)(4)); or
            ``(8) section 5124, 60123(a), or 60123(b) of title 49, 
        United States Code.
    ``(b) 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 subject to a maximum term of imprisonment of five years, a fine of 
not more than $250,000, or both, and, if a defendant is an 
organization, to a fine of not more than $1,000,000. The laws to which 
this subsection applies are--
            ``(1) section 14(b) of the Federal Insecticide, Fungicide, 
        and Rodenticide Act (7 U.S.C. 136l(b)); or
            ``(2) 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) The table of sections of chapter 39 of title 18, United States 
Code, is amended by adding the following after the item relating to 
section 837:

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

SEC. 5. ENVIRONMENTAL CRIMES TRAINING FOR STATE, LOCAL, AND TRIBAL LAW 
              ENFORCEMENT.

    (a) This section may be cited as the ``Environmental Crimes 
Training Act of 1996''.
    (b) 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. 6. STATUTE OF LIMITATIONS.

    (a) 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 five 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 five years after the offense is committed, or within three years 
after the offense is discovered by a government agency, whichever is 
later but in no event later than eight 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) The table of sections of chapter 213 of title 18, United States 
Code, is amended by adding after the item referring to section 3294 the 
following new item:

``Sec. 3295. Felony environmental crimes.''.

SEC. 7. ATTEMPTS.

    (a) Section 14(b) of the Federal Insecticide, Fungicide, and 
Rodenticide Act (7 U.S.C. 1361(b)) is amended by adding a new paragraph 
14(b)(5):
            ``(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) 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) 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 309(c)(8):
            ``(8) Any person who attempts to commit the conduct that 
        constitutes any offense under paragraphs (2), (3), or (4) of 
        this subsection shall be subject to the same penalties as those 
        prescribed for such offense.''.
    (d) 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 
(2)(B), and inserting ``; and'', and adding after paragraph (2) the 
following new paragraph:
            ``(3) Any person who attempts to commit the conduct that 
        constitutes any offense under paragraph (l) of this subsection 
        shall be subject to the same penalties as those prescribed for 
        such offense.''.
    (e) Section 9(a) of the Act to Prevent Pollution from Ships (33 
U.S.C. 1908(a)), is amended by inserting ``(1)'' before ``(A)'' 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.''.
    (f) Section 3008 of the Resource Conservation and Recovery Act of 
1976 (42 U.S.C. 6928), is amended by adding after subsection 3008(h) 
the following new subsection--
    ``(i) Any person who attempts to commit the conduct that 
constitutes any offense under subsections (d) or (e) of this section 
shall be subject to the same penalties as those prescribed for such 
offense.''.
    (g) 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 subsections (1), (2), or (3) of 
        this section shall be subject to the same penalties as those 
        prescribed for such offense.''.

SEC. 8. ENVIRONMENTAL CRIMES RESTITUTION.

    (a) 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) Subsection 3663(b) of title 18, United States Code, is amended 
by striking ``and'' at the end of paragraph (4), striking the period at 
the end of paragraph (5) and inserting ``; and'', and adding after 
paragraph (5) the following new paragraph--
            ``(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.''.
                                 <all>