[Congressional Record Volume 142, Number 136 (Friday, September 27, 1996)]
[Extensions of Remarks]
[Page E1763]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            ENVIRONMENTAL CRIMES AND ENFORCEMENT ACT OF 1996

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                             HON. JACK REED

                            of rhode island

                    in the house of representatives

                      Thursday, September 26, 1996

  Mr. REED. Mr. Speaker, I am pleased to introduce, along with my 
colleagues Mr. Schumer of New York, Mr. Pallone of New Jersey, and Mr. 
Miller of California, President Clinton's Environmental Crimes and 
Enforcement Act of 1996.
  Our Nation's environmental quality is among the best in the world, in 
part thanks to laws like the Safe Drinking Water Act and the Clean Air 
Act that we have passed here in Congress. Over the last 25 years, these 
laws have worked to make our air cleaner, our water safe to drink, our 
lakes and rivers safe to swim in. But these laws are only pieces of 
paper. Effective enforcement of these laws is needed to protect public 
health and environmental quality.
  The Environmental Crimes and Enforcement Act will provide new tools 
to investigate and prosecute environmental crimes.
  For example, the bill adds an attempt provision to environmental 
statutes so that environmental crimes can be prosecuted even when law 
enforcement agents come upon and stop a crime in progress. Under 
current law, if agents conducting surveillance of a hazardous waste 
transporter stop the transporter from illegally dumping the hazardous 
waste, the perpetrator cannot be prosecuted for illegal dumping because 
no crime has occurred. Only if the agents were to allow the dumpers to 
complete their crime, and possibly cause damage to the environment and 
risk to public health, could the perpetrators be prosecuted. With an 
attempt provision, illegal dumpers can be stopped before causing 
environmental damage and still be held responsible for their actions. 
Also, an attempt provision will allow Federal agents to use benign 
substitutes for hazardous wastes in undercover operations.

  The act would also extend the statute of limitations where the 
violator has concealed the environmental crime. In one typical 
incident, a waste hauler buried 55-gallon drums of toxic waste in a 
vacant lot rather than disposing of them properly. The concealed drums 
deteriorated and leaked, causing environmental contamination. Because 
the drums were not discovered within the short statute of limitations, 
no criminal charges could be brought against the hauler. This provision 
will ensure that polluters cannot escape justice by hiding their 
wrongdoing.
  The bill would enhance penalties where a criminal violation of 
environmental law causes a death or serious injury. Police officers, 
fire fighters, and members of the public can suffer serious injury or 
death from toxic chemicals or other hazardous materials--it is 
appropriate to make the punishment fit the crime in these cases.
  The bill will also enable Federal courts to ensure that those charged 
with environmental crimes do not shield or dispose of assets needed to 
pay for restitution.

  In my home State of Rhode Island, the U.S. attorney, the EPA, the 
State attorney general, and the State Department of Environmental 
Management have formed a taskforce to target and prioritize 
environmental enforcement issues. This taskforce is accompanied by a 
citizen's advisory group that suggests priorities for enforcement. In a 
State like Rhode Island, where tourism and economic growth depend upon 
a clean and healthy environment, this type of cooperation is essential. 
The Environmental Crimes and Enforcement Act will enhance such 
partnerships between Federal law enforcement and State, local, and 
tribal governments.
  As Attorney General Janet Reno said when announcing this proposal, 
``The American people want, and have a right to expect, strong 
environmental protection. This bill will provide us with better tools'' 
to achieve those goals.

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