[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 973 Introduced in Senate (IS)]
110th CONGRESS
1st Session
S. 973
To amend the Mandatory Victims' Restitution Act to improve restitution
for victims of crime, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 22, 2007
Mr. Dorgan (for himself, Mr. Grassley, Mr. Durbin, and Ms. Collins)
introduced the following bill; which was read twice and referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Mandatory Victims' Restitution Act to improve restitution
for victims of crime, 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 ``Restitution for Victims of Crime Act
of 2007''.
TITLE I--COLLECTION OF RESTITUTION
SEC. 101. SHORT TITLE.
This title may be cited as the ``Collection of Restitution
Improvement Act of 2007''.
SEC. 102. PROCEDURE FOR ISSUANCE AND ENFORCEMENT OF RESTITUTION.
Section 3664(f) of title 18, United States Code, is amended by
striking paragraphs (2) through (4) and inserting the following:
``(C)(i) Each restitution order shall--
``(I) contain information sufficient to identify each
victim to whom restitution is owed;
``(II) require that a copy of the court order be sent to
each such victim; and
``(III) inform each such victim of the obligation to notify
the appropriate entities of any change in address.
``(ii) It shall be the responsibility of each victim to whom
restitution is owed to notify the Attorney General, or the appropriate
entity of the court, by means of a form to be provided by the Attorney
General or the court, of any change in the victim's mailing address
while restitution is still owed to the victim.
``(iii) The confidentiality of any information relating to a victim
under this subparagraph shall be maintained.
``(2) The court shall order that the restitution imposed is due in
full immediately upon imposition.
``(3) The court shall direct the defendant--
``(A) to make a good-faith effort to satisfy the
restitution order in the shortest time in which full
restitution can be reasonably made, and to refrain from taking
any action that conceals or dissipates the defendant's assets
or income;
``(B) to notify the court of any change in residence; and
``(C) to notify the United States Attorney for the district
in which the defendant was sentenced of any change in
residence, and of any material change in economic circumstances
that might affect the defendant's ability to pay restitution.
``(4) Compliance with all payment directions imposed under
paragraphs (6) and (7) shall be prima facie evidence of a good faith
effort under paragraph (3)(A), unless it is shown that the defendant
has concealed or dissipated assets.
``(5) Notwithstanding any other provision of law, for the purpose
of enforcing a restitution order, a United States Attorney may receive,
without the need for a court order, any financial information
concerning the defendant obtained by the grand jury that indicted the
defendant for the crime for which restitution has been awarded, the
United States Probation Office, or the Bureau of Prisons. A victim may
also provide financial information concerning the defendant to the
United States Attorney.
``(6)(A) At sentencing, or at any time prior to the termination of
a restitution obligation under section 3613 of this title, the court
may--
``(i) impose special payment directions upon the defendant
or modify such directions; or
``(ii) direct the defendant to make a single, lump sum
payment, partial payments at specified intervals, in-kind
payments, or a combination of payments at specified intervals
and in-kind payments.
``(B) The period of time over which scheduled payments are
established for purposes of this paragraph shall be the shortest time
in which full payment reasonably can be made.
``(C) In-kind payments may be in the form of the return of
property, replacement of property, or, if the victim agrees, services
rendered to the victim or a person or organization other than the
victim.
``(D) In ordering restitution, the court may direct the defendant
to--
``(i) repatriate any property that constitutes proceeds of
the offense of conviction, or property traceable to such
proceeds; and
``(ii) surrender to the United States, or to the victim
named in the restitution order, any interest of the defendant
in any nonexempt asset.
``(E) The court may enter a restraining order or injunction,
require the execution of a satisfactory performance bond, or take any
other action to preserve the availability of property for restitution.
``(7)(A) In determining whether to impose or modify specific
payment directions, the court may consider--
``(i) the need to provide restitution to the victims of the
offense;
``(ii) the financial ability of the defendant;
``(iii) the economic circumstances of the defendant,
including the financial resources and other assets of the
defendant and whether any of those assets are jointly
controlled;
``(iv) the projected earnings and other income of the
defendant;
``(v) any financial obligations of the defendant, including
obligations to dependents;
``(vi) whether the defendant has concealed or dissipated
assets or income; and
``(vii) any other appropriate circumstances.
``(B) Any substantial resources from any source, including
inheritance, settlement, or other judgment, shall be applied to any
outstanding restitution obligation.
``(8)(A) If the court finds that the economic circumstances of the
defendant do not allow the payment of any substantial amount as
restitution, the court may direct the defendant to make nominal
payments of not less than $100 per year toward the restitution
obligation.
``(B) Any money received from the defendant under subparagraph (A)
shall be disbursed so that any outstanding assessment imposed under
section 3013 is paid first in full.
``(9) Court-imposed special payment directions shall not limit the
ability of the Attorney General to maintain an Inmate Financial
Responsibility Program that encourages sentenced inmates to meet their
legitimate financial obligations.
``(10)(A) The ability of the Attorney General to enforce
restitution obligations ordered under paragraph (2) shall not be
limited by appeal, or the possibility of a correction, modification,
amendment, adjustment, or reimposition of a sentence, unless the court
expressly so orders for good cause shown and stated on the record.
``(B) Absent exceptional circumstances, as determined by the court,
an order limiting the enforcement of restitution obligations shall--
``(i) require the defendant to deposit, in the registry of
the district court, any amount of the restitution that is due;
``(ii) require the defendant to post a bond or other
security to ensure payment of the restitution that is due; or
``(iii) impose additional restraints upon the defendant to
prevent the defendant from transferring or dissipating assets.
``(C) No order described in subparagraph (B) shall restrain the
ability of the United States to continue its investigation of the
defendant's financial circumstances, conduct discovery, record a lien,
or seek any injunction or other relief from the court.''.
SEC. 103. IMPOSITION OF CRIMINAL FINES AND PAYMENT DIRECTIONS.
Subsection 3572(d) of title 18, United States Code, is amended to
read as follows:
``(d) Payment.--
``(1) In general.--The court shall order that any fine or
assessment imposed be due in full immediately upon imposition.
``(2) Efforts to make payment.--The court shall--
``(A) direct the defendant to make a good-faith
effort to satisfy the fine and assessment in the
shortest time in which full payment can be reasonably
made, and to refrain from taking any action that
conceals or dissipates the defendant's assets or
income;
``(B) direct the defendant to notify the court of
any change in residence; and
``(C) order the defendant to notify the United
States Attorney for the district in which the defendant
was sentenced of any change in residence, and of any
material change in economic circumstances that might
affect the defendant's ability to pay restitution.
``(3) Good faith.--Compliance with all payment directions
imposed by paragraphs (5) and (6) shall be prima facie evidence
of a good faith effort under paragraph (2)(A), unless it is
shown that the defendant has concealed or dissipated assets;
``(4) Access to information.--Notwithstanding any other
provision of law, for the purpose of enforcing a fine or
assessment, a United States Attorney may receive, without the
need for a court order, any financial information concerning
the defendant obtained by a grand jury, the United States
Probation Office, or the Bureau of Prisons.
``(5) Payment schedule.--
``(A) In general.--At sentencing, or at any time
prior to the termination of a restitution obligation
under section 3613 of this title, the court may--
``(i) impose special payment directions
upon the defendant or modify such directions;
or
``(ii) direct the defendant to make a
single, lump sum payment, or partial payments
at specified intervals.
``(B) Period of time.--The period of time over
which scheduled payments are established for purposes
of this paragraph shall be the shortest time in which
full payment can reasonably be made.
``(C) Repatriation.--The court may direct the
defendant to repatriate any property that constitutes
proceeds of the offense of conviction, or property
traceable to such proceeds.
``(D) Surrender.--In ordering restitution, the
court may direct the defendant to surrender to the
United States any interest of the defendant in any non-
exempt asset.
``(E) Third parties.--If the court directs the
defendant to repatriate or surrender any property in
which it appears that any person other than the
defendant may have a legal interest--
``(i) the court shall take such action as
is necessary to protect such third party
interest; and
``(ii) may direct the United States to
initiate any ancillary proceeding to determine
such third party interests in accordance with
the procedures specified in section 413(n) of
the Controlled Substances Act (21 U.S.C.
853(n)).
``(F) Exclusivity of remedy.--Except as provided in
this section, no person may commence an action against
the United States concerning the validity of the
party's alleged interest in the property subject to
reparation or surrender.
``(G) Preservation of property.--The court may
enter a restraining order or injunction, require the
execution of a satisfactory performance bond, or take
any other action to preserve the availability of
property for payment of the fine or assessment.
``(6) Considerations.--In determining whether to impose or
modify special payment directions, the court may consider--
``(A) the need to satisfy the fine or assessment;
``(B) the financial ability of the defendant;
``(C) the economic circumstances of the defendant,
including the financial resources and other assets of
the defendant, and whether any of those assets are
jointly controlled;
``(D) the projected earnings and other income of
the defendant;
``(E) any financial obligations of the defendant,
including obligations to dependents;
``(F) whether the defendant has concealed or
dissipated assets or income; and
``(G) any other appropriate circumstances.
``(7) Use of resources.--Any substantial resources from any
source, including inheritance, settlement, or other judgment
shall be applied to any fine or assessment still owed.
``(8) Nominal payments.--If the court finds that the
economic circumstances of the defendant do not allow the
immediate payment of any substantial amount of the fine or
assessment imposed, the court may direct the defendant to make
nominal payments of not less than $100 per year toward the fine
or assessment imposed.
``(9) Inmate financial responsibility program.--Court-
imposed special payment directions shall not limit the ability
of the Attorney General to maintain an Inmate Financial
Responsibility Program that encourages sentenced inmates to
meet their legitimate financial obligations.
``(10) Enforcement.--
``(A) In general.--The ability of the Attorney
General to enforce the fines and assessment ordered
under paragraph (1) shall not be limited by an appeal,
or the possibility of a correction, modification,
amendment, adjustment, or reimposition of a sentence,
unless the court expressly so orders, for good cause
shown and stated on the record.
``(B) Exceptions.--Absent exceptional
circumstances, as determined by the court, an order
limiting enforcement of a fine or assessment shall--
``(i) require the defendant to deposit, in
the registry of the district court, any amount
of the fine or assessment that is due;
``(ii) require the defendant to post a bond
or other security to ensure payment of the fine
or assessment that is due; or
``(iii) impose additional restraints upon
the defendant to prevent the defendant from
transferring or dissipating assets.
``(C) Other activities.--No order described in
subparagraph (B) shall restrain the ability of the
United States to continue its investigation of the
defendant's financial circumstances, conduct discovery,
record a lien, or seek any injunction or other relief
from the court.
``(11) Special assessments.--The requirements of this
subsection shall apply to the imposition and enforcement of any
assessment imposed under section 3013 of this title.''.
SEC. 104. COLLECTION OF UNPAID FINES OR RESTITUTION.
Section 3612(b) of title 18, United States Code, is amended to read
as follows:
``(b) Information To Be Included in Judgment; Judgment To Be
Transmitted to the Attorney General.--
``(1) In general.--A judgment or order imposing, modifying,
or remitting a fine or restitution order of more than $100
shall include--
``(A) the name, social security account number,
mailing address, and residence address of the
defendant;
``(B) the docket number of the case;
``(C) the original amount of the fine or
restitution order and the amount that is due and
unpaid;
``(D) payment orders and directions imposed under
section 3572(d) and section 3664(f) of this title; and
``(E) a description of any modification or
remission.
``(2) Transmittal of copies.--Not later than 10 days after
entry of the judgment or order described in paragraph (1), the
court shall transmit a certified copy of the judgment or order
to the Attorney General.''.
SEC. 105. ATTORNEY'S FEES FOR VICTIMS.
(a) Order of Restitution.--Section 3663(b) of title 18, United
States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``or'' at the
end;
(B) by redesignating subparagraph (B) as
subparagraph (C);
(C) by inserting after subparagraph (A) the
following:
``(B) reimburse the victim for attorneys' fees
reasonably incurred in an attempt to retrieve damaged,
lost, or destroyed property (which shall not include
payment of salaries of Government attorneys); or''; and
(D) in subparagraph (C), as so redesignated by this
subsection, by inserting ``or (B)'' after
``subparagraph (A)'';
(2) in paragraph (4)--
(A) by inserting ``(including attorneys' fees
necessarily and reasonably incurred for representation
of the victim, which shall not include payment of
salaries of Government attorneys)'' after ``other
expenses related to participation in the investigation
or prosecution of the offense''; and
(B) by striking ``and'' at the end;
(3) in paragraph (5), by striking the period and inserting
``; and''; and
(4) by adding at the end the following:
``(6) in any case, reimburse the victim for reasonably
incurred attorneys' fees that are necessary and foreseeable
results of the defendant's crime (which shall not include
payment of salaries of Government attorneys).''.
(b) Mandatory Restitution to Victims of Certain Crimes.--Section
3663A(b) of title 18, United States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``or'' at the
end;
(B) by redesignating subparagraph (B) as
subparagraph (C);
(C) by inserting after subparagraph (A) the
following:
``(B) reimburse the victim for attorneys' fees
reasonably incurred in an attempt to retrieve damaged,
lost, or destroyed property (which shall not include
payment of salaries of Government attorneys); or''; and
(D) in subparagraph (C), as so redesignated by this
subsection, by inserting ``or (B)'' after
``subparagraph (A)'';
(2) in paragraph (3), by striking ``and'' at the end;
(3) in paragraph (4)--
(A) by inserting ``(including attorneys' fees
necessarily and reasonably incurred for representation
of the victim, which shall not include payment of
salaries of Government attorneys)'' after ``other
expenses related to participation in the investigation
or prosecution of the offense''; and
(B) by striking the period and inserting ``; and'';
and
(4) by adding at the end the following:
``(5) in any case, reimburse the victim for reasonably
incurred attorneys' fees that are necessary and foreseeable
results of the defendant's crime (which shall not include
payment of salaries of Government attorneys).''.
TITLE II--PRESERVATION OF ASSETS FOR RESTITUTION
SEC. 201. SHORT TITLE.
This title may be cited as the ``Preservation of Assets for
Restitution Act of 2007''.
SEC. 202. AMENDMENTS TO THE MANDATORY VICTIMS RESTITUTION ACT.
(a) In General.--Chapter 232 of title 18, United States Code, is
amended by inserting after section 3664 the following:
``Sec. 3664A. Preservation of assets for restitution
``(a) Protective Orders To Preserve Assets.--
``(1) In general.--Upon the Government's ex parte
application and a finding of probable cause to believe that a
defendant, if convicted, will be ordered to satisfy an order of
restitution for an offense punishable by imprisonment for more
than 1 year, the court--
``(A) shall--
``(i) enter a restraining order or
injunction;
``(ii) require the execution of a
satisfactory performance bond; or
``(iii) take any other action necessary to
preserve the availability of any property
traceable to the commission of the offense
charged; and
``(B) if it determines that it is in the interests
of justice to do so, shall issue any order necessary to
preserve any nonexempt asset (as defined in section
3613) of the defendant that may be used to satisfy such
restitution order.
``(2) Procedures.--Applications and orders issued under
paragraph (1) shall be governed by the procedures under section
413(e) of the Controlled Substances Act (21 U.S.C. 853(e)) and
in this section.
``(3) Monetary instruments.--If the property in question is
a monetary instrument (as defined in section 1956(c)(5)) or
funds in electronic form, the protective order issued under
paragraph (1) may take the form of a warrant authorizing the
Government to seize the property and to deposit it into an
interest-bearing account in the Registry of the Court in the
district in which the warrant was issued, or into another such
account maintained by a substitute property custodian, as the
court may direct.
``(4) Post-indictment.--A post-indictment protective order
entered under paragraph (1) shall remain in effect through the
conclusion of the criminal case, including sentencing and any
post-sentencing proceedings, until seizure or other disposition
of the subject property, unless modified by the court upon a
motion by the Government or under subsection (b) or (c).
``(b) Defendant's Right to a Hearing.--
``(1) In general.--In the case of a preindictment
protective order entered under subsection (a)(1), the
defendant's right to a post-restraint hearing shall be governed
by paragraphs (1)(B) and (2) of section 413(e) of the
Controlled Substances Act (21 U.S.C. 853(e)).
``(2) Post-indictment.--In the case of a post-indictment
protective order entered under subsection (a)(1), the defendant
shall have a right to a post-restraint hearing regarding the
continuation or modification of the order if the defendant--
``(A) establishes by a preponderance of the
evidence that there are no assets, other than the
restrained property, available to the defendant to
retain counsel in the criminal case or to provide for a
reasonable living allowance for the necessary expenses
of the defendant and the defendant's lawful dependents;
and
``(B) makes a prima facie showing that there is
bona fide reason to believe that the court's ex parte
finding of probable cause under subsection (a)(1) was
in error.
``(3) Hearing.--
``(A) In general.--If the court determines that the
defendant has satisfied the requirements of paragraph
(2), it may hold a hearing to determine whether there
is probable cause to believe that the defendant, if
convicted, will be ordered to satisfy an order of
restitution for an offense punishable by imprisonment
for more than 1 year, and that the seized or restrained
property may be needed to satisfy such restitution
order.
``(B) Probable cause.--If the court finds probable
cause under subparagraph (A), the protective order
shall remain in effect.
``(C) No probable cause.--If the court finds under
subparagraph (A) that no probable cause exists as to
some or all of the property, or determines that more
property has been seized and restrained than may be
needed to satisfy a restitution order, it shall modify
the protective order to the extent necessary to release
the property that should not have been restrained.
``(4) Rebuttal.--If the court conducts an evidentiary
hearing under paragraph (3), the court shall afford the
Government an opportunity to present rebuttal evidence and to
cross-examine any witness that the defendant may present.
``(5) Pretrial hearing.--In any pretrial hearing on a
protective order issued under subsection (a)(1), the court may
not entertain challenges to the grand jury's finding of
probable cause regarding the criminal offense giving rise to a
potential restitution order. The court shall ensure that such
hearings are not used to obtain disclosure of evidence or the
identities of witnesses earlier than required by the Federal
Rules of Criminal Procedure or other applicable law.
``(c) Third Party's Right to Post-Restraint Hearing.--
``(1) In general.--A person other than the defendant who
has a legal interest in property affected by a protective order
issued under subsection (a)(1) may move to modify the order on
the grounds that--
``(A) the order causes an immediate and irreparable
hardship to the moving party; and
``(B) less intrusive means exist to preserve the
property for the purpose of restitution.
``(2) Modification.--If, after considering any rebuttal
evidence offered by the Government, the court determines that
the moving party has made the showings required under paragraph
(1), the court shall modify the order to mitigate the hardship,
to the extent that it is possible to do so while preserving the
asset for restitution.
``(3) Intervention.--
``(A) In general.--Except as provided in
subparagraph (B) or paragraph (1), a person other than
a defendant has no right to intervene in the criminal
case to object to the entry of any order issued under
this section or otherwise to object to an order
directing a defendant to pay restitution.
``(B) Exception.--If, at the conclusion of the
criminal case, the court orders the defendant to use
particular assets to satisfy an order of restitution
(including assets that have been seized or restrained
pursuant to this section) the court shall give persons
other than the defendant the opportunity to object to
the order on the ground that the property belonged in
whole or in part to the third party and not to the
defendant, as provided in section 413(n) of the
Controlled Substances Act (21 U.S.C. 853(n)).
``(d) Geographic Scope of Order.--
``(1) In general.--A district court of the United States
shall have jurisdiction to enter an order under this section
without regard to the location of the property subject to the
order.
``(2) Outside the united states.--If the property subject
to an order issued under this section is located outside of the
United States, the order may be transmitted to the central
authority of any foreign state for service in accordance with
any treaty or other international agreement.
``(e) No Effect on Other Government Action.--Nothing in this
section shall be construed to preclude the Government from seeking the
seizure, restraint, or forfeiture of assets under the asset forfeiture
laws of the United States.
``(f) Limitation on Rights Conferred.--Nothing in this section
shall be construed to create any enforceable right to have the
Government seek the seizure or restraint of property for restitution.
``(g) Receivers.--
``(1) In general.--A court issuing an order under this
section may appoint a receiver under section 1956(b)(4) to
collect, marshal, and take custody, control, and possession of
all assets of the defendant, wherever located, that have been
restrained in accordance with this section.
``(2) Distribution of property.--The receiver shall have
the power to distribute property in its control to each victim
identified in an order of restitution at such time, and in such
manner, as the court may authorize.''.
(b) Conforming Amendment.--The section analysis for chapter 232 of
title 18, United States Code, is amended by inserting after the item
relating to section 3664 the following:
``Sec. 3664A. Preservation of assets for restitution.''.
SEC. 203. AMENDMENTS TO THE ANTI-FRAUD INJUNCTION STATUTE.
Section 1345(a) of title 18, United States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (B), by striking ``or'' at the
end; and
(B) by inserting after subparagraph (C) the
following:
``(D) committing or about to commit a Federal
offense that may result in an order of restitution;'';
and
(2) in paragraph (2)--
(A) by striking ``a banking violation'' and all
that follows through ``healthcare offense'' and
inserting ``a violation or offense identified in
paragraph (1)''; and
(B) by inserting ``or offense'' after ``traceable
to such violation''.
SEC. 204. AMENDMENTS TO THE FEDERAL DEBT COLLECTION PROCEDURES ACT.
(a) Process.--Section 3004(b)(2) of title 28, United States Code,
is amended by inserting after ``in which the debtor resides.'' the
following: ``In a criminal case, the district court for the district in
which the defendant was sentenced may deny the request.''.
(b) Prejudgment Remedies.--Section 3101 of title 28, United States
Code, is amended--
(1) in subsection (a)(1) by inserting after ``the filing of
a civil action on a claim for a debt'' the following: ``or in
any criminal action where the court may enter an order of
restitution''; and
(2) in subsection (d)--
(A) by inserting after ``The Government wants to
make sure [name of debtor] will pay if the court
determines that this money is owed.''' the following:
```In a criminal action, use the following opening paragraph: You
are hereby notified that this [property] is being taken by the United
States Government [the Government], which says that [name of debtor],
if convicted, may owe as restitution $ [amount]. The Government says it
must take this property at this time because [recite the pertinent
ground or grounds from section 3101(b)]. The Government wants to make
sure [name of debtor] will pay if the court determines that restitution
is owed.''';
(B) by inserting after ``a statement that different property may be
so exempted with respect to the State in which the debtor resides.]'''
the following:
```[In a criminal action, the statement summarizing the types of
property that may be exempt shall list only those types of property
that may be exempt under section 3613 of title 18.]'''; and
(C) by inserting after ``You must also send a copy of your request
to the Government at [address], so the Government will know you want
the proceeding to be transferred.''' the following:
```If this Notice is issued in conjunction with a criminal case,
the district court where the criminal action is pending may deny your
request for a transfer of this proceeding.'''.
(c) Enforcement.--Section 3202(b) of title 28, United States Code,
is amended--
(1) by inserting after ``a statement that different
property may be so exempted with respect to the State in which
the debtor resides.]''' the following:
```[In a criminal action, the statement summarizing the types of
property that may be exempt shall list only those types of property
that may be exempt under section 3613 of title 18.]'''; and
(2) by inserting after ``you want the proceeding to be
transferred.''' the following:
```If this notice is issued in conjunction with a criminal case,
the district court where the criminal action is pending may deny your
request for a transfer of this proceeding.'''.
TITLE III--ENVIRONMENTAL CRIMES RESTITUTION
SEC. 301. SHORT TITLE.
This title may be cited as the ``Environmental Crimes Restitution
Act of 2007''.
SEC. 302. IMMEDIATE AVAILABILITY OF RESTITUTION TO VICTIMS OF
ENVIRONMENTAL CRIMES.
Section 3663(a)(1)(A) of title 18, United States Code, is amended
by striking ``or section 5124, 46312, 46502, or 46504 of title 49,''
and inserting ``paragraph (2) or (3) of section 309(c) of the Federal
Water Pollution Control Act (33 U.S.C. 1319(c)), section 105(b) of the
Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C.
1415(b)), section 9(a) of the Act to Prevent Pollution from Ships (33
U.S.C. 1908(a)), section 1423 or subsection (a) or (b) of section 1432
of the Safe Drinking Water Act (42 U.S.C. 300h-2 and 300i-l),
subsection (d) or (e) of section 3008 of the Solid Waste Disposal Act
(42 U.S.C. 6928), paragraph (1) or (5) of section 113(c) of the Clear
Air Act (42 U.S.C. 7413(c)), or section 46312, 46502, or 46504 of title
49,''.
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