[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 481 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                 S. 481

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 25, 1999

  Mr. Schumer introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 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 1999''.

SEC. 2. REIMBURSEMENT OF STATE, LOCAL, OR TRIBAL GOVERNMENT COSTS FOR 
              ASSISTANCE IN FEDERAL INVESTIGATION AND PROSECUTION OF 
              ENVIRONMENTAL CRIMES.

    (a) In General.--Chapter 232 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 3674. Reimbursement of State, local, or tribal government costs 
              for assistance in Federal investigation and prosecution 
              of environmental crimes
    ``(a) Definition of Environmental Crime.--In this section, the term 
`environmental crime' means an offense that is punishable under--
            ``(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) section 10, 12, 13, or 16 of the Act of March 3, 1899 
        (commonly known as the `Rivers and Harbors Appropriation Act of 
        1899') (33 U.S.C. 403, 406, 407, 411);
            ``(4) section 309(c) or 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) section 1423(b)(2) or subsection (a) or (b) of 
        section 1432 of the Safe Drinking Water Act (42 U.S.C. 300h-
        2(b)(2), 300i-1);
            ``(9) subsection (d), (e), or (i) of section 3008 of the 
        Solid Waste Disposal Act (42 U.S.C. 6928);
            ``(10) section 113(c) of the Clean Air Act (42 U.S.C. 
        7413(c));
            ``(11) subsection (b) or (d) of section 103 of the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (42 U.S.C. 9603);
            ``(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)); or
            ``(14) section 5124 or subsection (a) or (b) of section 
        60123 of title 49, United States Code.
    ``(b) Reimbursement.--On the motion of the United States, a person 
convicted of an environmental crime shall be ordered to pay the costs 
incurred by a State, local, or tribal government in assisting in the 
investigation and prosecution of the case by the United States.
    ``(c) Use of Amounts Paid.--An amount paid to a State, local, or 
tribal government under subsection (b) shall be used solely for the 
enforcement of environmental laws.''.
    (b) Conforming Amendment.--The analysis for chapter 232 of title 
18, United States Code, is amended by adding at the end the following:

``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 FROM 
              ENVIRONMENTAL CRIMES.

    (a) In General.--Chapter 39 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 837. Protection of government employees and the public from 
              environmental crimes
    ``(a) Definitions.--In this section:
            ``(1) Environmental crime.--The term `environmental crime' 
        means an offense that is punishable under--
                    ``(A) section 14(b) of the Federal Insecticide, 
                Fungicide, and Rodenticide Act (7 U.S.C. 136l(b));
                    ``(B) section 16(b) of the Toxic Substances Control 
                Act (15 U.S.C. 2615(b));
                    ``(C) paragraph (2) or (4) of section 309(c) or 
                section 311(b)(5) of the Federal Water Pollution 
                Control Act (33 U.S.C. 1319(c), 1321(b)(5));
                    ``(D) section 105(b) of the Marine Protection, 
                Research, and Sanctuaries Act of 1972 (33 U.S.C. 
                1415(b));
                    ``(E) section 1423(b)(2) or subsection (a) or (b) 
                of section 1432 of the Safe Drinking Water Act (42 
                U.S.C. 300h-2(b)(2), 300i-1);
                    ``(F) section 3008(d) of the Solid Waste Disposal 
                Act (42 U.S.C. 6928(d));
                    ``(G) paragraph (1) or (2) of section 113(c) of the 
                Clean Air Act (42 U.S.C. 7413(c));
                    ``(H) subsection (b) or (d) of section 103 of the 
                Comprehensive Environmental Response, Compensation, and 
                Liability Act of 1980 (42 U.S.C. 9603);
                    ``(I) section 325(b)(4) of the Emergency Planning 
                and Community Right-To-Know Act of 1986 (42 U.S.C. 
                11045(b)(4)); or
                    ``(J) section 5124 or subsection (a) or (b) of 
                section 60123 of title 49, United States Code.
            ``(2) Organization.--
                    ``(A) In general.--The term `organization' means a 
                legal entity (other than a government) organized for 
                any purpose.
                    ``(B) Inclusions.--The term `organization' includes 
                a corporation, company, association, firm, partnership, 
                joint stock company, foundation, institution, trust, 
                society, union, or any other association of persons.
            ``(3) Serious bodily injury.--The term `serious bodily 
        injury' means bodily injury that involves--
                    ``(A) unconsciousness;
                    ``(B) extreme physical pain;
                    ``(C) protracted and obvious disfigurement; or
                    ``(D) protracted loss or impairment of the function 
                of a bodily member, organ, or mental faculty.
    ``(b) Penalty.--A person convicted of an environmental crime that 
is the proximate cause of serious bodily injury to or the death of any 
person--
            ``(1) in the case of an environmental crime described in 
        subparagraph (A) or (B) of subsection (a)(1)--
                    ``(A) shall be imprisoned not more than 5 years, 
                fined under this title, or both; or
                    ``(B) if the person is an organization, shall be 
                fined not more than $1,000,000; and
            ``(2) in the case of an environmental crime described in 
        subparagraph (C), (D), (E), (F), (G), (H), (I), or (J) of 
        subsection (a)(1)--
                    ``(A) shall be imprisoned not more than 20 years, 
                fined not more than $500,000, or both; or
                    ``(B) if the person is an organization, shall be 
                fined not more than $2,000,000.''.
    (b) Conforming Amendment.--The analysis for chapter 39 of title 18, 
United States Code, is amended by adding at the end the following:

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

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

    (a) Short Title.--This section may be cited as the ``Environmental 
Crimes Training Act of 1999''.
    (b) Law Enforcement Personnel.--In this section, the term ``law 
enforcement personnel'' includes inspectors, civil and criminal 
investigators, technical experts, regulators, government lawyers, and 
police.
    (c) Program.--
            (1) Establishment of program.--As soon as practicable after 
        the date of enactment of this Act, the Administrator of the 
        Environmental Protection Agency shall establish within the 
        Office of Enforcement and Compliance Assurance a program to be 
        known as the ``State, Local, and Tribal Environmental 
        Enforcement Training Program'' (referred to in this section as 
        the ``program'').
            (2) Administration.--The program shall be administered by 
        the National Enforcement Training Institute of the Office of 
        Criminal Enforcement, Forensics, and Training.
            (3) Function.--The program shall train State, local, and 
        tribal law enforcement personnel to investigate environmental 
        crimes.
            (4) Training site.--Training shall be conducted at the 
        Federal Law Enforcement Training Center in Glynn County, 
        Georgia, or at other training sites that are accessible to 
        State, local, and tribal law enforcement personnel.

SEC. 5. STATUTE OF LIMITATIONS.

    (a) In General.--Chapter 213 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 3296. Environmental crimes
    ``(a) Definition of Environmental Crime.--In this section, the term 
`environmental crime' means an offense that is punishable under--
            ``(1) paragraph (2), (3), or (4) of section 309(c) or 
        section 311(b)(5) of the Federal Water Pollution Control Act 
        (33 U.S.C. 1319(c), 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(b)(2) or subsection (a) or (b) of 
        section 1432 of the Safe Drinking Water Act (42 U.S.C. 300h-
        2(b)(2), 300i-1);
            ``(6) section 3008(d) of the Solid Waste Disposal Act (42 
        U.S.C. 6928(d));
            ``(7) paragraph (1), (2), or (3) of section 113(c) of the 
        Clean Air Act (42 U.S.C. 7413(c));
            ``(8) subsection (b) or (d) of section 103 of the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (42 U.S.C. 9603);
            ``(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 or subsection (a) or (b) of section 
        60123 of title 49, United States Code.
    ``(b) Limitation.--A person may not be prosecuted, tried, or 
punished for the commission of, or a conspiracy to commit, an 
environmental crime unless the indictment is returned or the 
information is filed--
            ``(1) within 5 years after the date on which the 
        environmental crime is committed; or
            ``(2) if the person commits an affirmative act that 
        conceals the environmental crime from any Federal, State, 
        local, or tribal government agency, before the earlier of--
                    ``(A) the later of--
                            ``(i) 5 years after the date on which the 
                        offense is committed; or
                            ``(ii) 3 years after the date on which the 
                        offense is discovered by a government agency; 
                        or
                    ``(B) 8 years after the date on which the 
                environmental crime is committed.''.
    (b) Conforming Amendment.--The analysis for chapter 213 of title 
18, United States Code, is amended by adding at the end the following:

``3296. 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 at the end the following:
            ``(5) Attempts.--A person that attempts to commit the 
        conduct that constitutes an offense under paragraph (1) shall 
        be subject to the same penalties as those prescribed for the 
        offense.''.
    (b) Toxic Substances Control Act.--Section 16(b) of the Toxic 
Substances Control Act (15 U.S.C. 2615(b)), is amended--
            (1) by striking ``Any'' and inserting the following:
            ``(1) In general.--Any''; and
            (2) by adding at the end the following:
            ``(2) Attempts.--A person that attempts to commit the 
        conduct that constitutes an offense under paragraph (1) shall 
        be subject to the same penalties as those prescribed for the 
        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 at the end the following:
            ``(8) Attempts.--A person that attempts to commit the 
        conduct that constitutes an offense under paragraph (2), (3), 
        or (4) shall be subject to the same penalties as those 
        prescribed for the 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--
            (1) in paragraph (1), by striking ``and'';
            (2) in paragraph (2), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(3) a person that attempts to commit the conduct that 
        constitutes an offense under paragraph (1) shall be subject to 
the same penalties as those prescribed for the offense.''.
    (e) MARPOL.--Section 9(a) of the Act to Prevent Pollution from 
Ships (33 U.S.C. 1908(a)) is amended--
            (1) by striking ``(1) A person'' and inserting the 
        following:
            ``(1) In general.--A person''; and
            (2) by adding at the end the following:
            ``(2) Attempts.--A person that attempts to commit conduct 
        that constitutes an offense under paragraph (1) shall be 
        subject to the same penalties as those prescribed for the 
        offense.''.
    (f) Solid Waste Disposal Act.--Section 3008 of the Solid Waste 
Disposal Act (42 U.S.C. 6928) is amended by adding at the end the 
following:
    ``(i) Attempts.--A person that attempts to commit the conduct that 
constitutes an offense under subsection (d) or (e) shall be subject to 
the same penalties as those prescribed for the offense.''.
    (g) Clean Air Act.--Section 113(c) of the Clean Air Act (42 U.S.C. 
7413(c)) is amended by adding at the end the following:
            ``(7) Attempts.--A person that attempts to commit the 
        conduct that constitutes an offense under paragraph (1), (2), 
        or (3) shall be subject to the same penalties as those 
        prescribed for the offense.''.

SEC. 7. ENVIRONMENTAL CRIMES RESTITUTION.

    Section 3663(b) of title 18, United States Code, is amended--
            (1) in paragraph (4), by striking ``and'' at the end;
            (2) in paragraph (5), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end 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 that the pollution or damage results 
        from the offense (for which purpose, the term `victim' in 
        subsection (a)(2) shall be considered to include a municipality 
        or other political subdivision in which the pollution occurred 
        or in which the damage was suffered whether or not any person 
        residing or doing business in the political subdivision is 
        identified as having suffered damage).''.

SEC. 8. PREJUDGMENT ORDERS TO SECURE PAYMENT FOR ENVIRONMENTAL DAMAGE.

    (a) In General.--Chapter 39 of title 18, United States Code (as 
amended by section 3(a)), is amended by adding at the end the 
following:
``Sec. 838. Prejudgment orders to secure payment for environmental 
              damage
    ``(a) Definition of Property.--In this section, the term `property' 
includes--
            ``(1) real property (including things growing on, affixed 
        to, or found on the real property); and
            ``(2) tangible and intangible personal property (including 
        claims, interests, money, privileges, rights, and securities).
    ``(b) Prejudgment order.--
            ``(1) In general.--At the time of the filing of an 
        indictment or information charging the commission of an 
        environmental crime (as defined in section 837(a)), or at any 
        time thereafter, the court may order the defendant not to 
        alienate or dispose of any property, or place any property 
        outside the jurisdiction of the district courts of the United 
        States, without leave of the court, if, after notice to the 
        defendant, the United States shows probable cause to believe 
        that--
                    ``(A) the defendant will conceal, alienate, or 
                dispose of the property, or place the property outside 
                the jurisdiction of the district courts of the United 
                States; and
                    ``(B) the defendant will thereby reduce or impair 
                the ability of the defendant 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 violation.
            ``(2) Burden of proof.--In seeking an order under paragraph 
        (1), the United States 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.
            ``(3) Defenses.--In response to a motion by the United 
        States under paragraph (1), it shall be an affirmative defense 
        that--
                    ``(A) 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 violation, if the defendant places those other 
                assets under the control of the court; or
                    ``(B) 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 shall be 
governed by the Federal Rules of Criminal Procedure.
    ``(d) Amendment of Order.--The court may amend an order issued 
under this section at any time.
    ``(e) Expiration of Order.--An order under this section shall 
expire on the date of an entry of an order of dismissal or of an entry 
of judgment in the case.
    ``(f) All Writs Act.--Nothing in this section diminishes the powers 
of the court available under section 1651 of title 28.''.
    (b) Conforming Amendment.--The analysis for chapter 39 of title 18, 
United States Code (as amended by section 3(b)), is amended by adding 
at the end the following:

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