II

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’’.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Environmental Crimes

5 and Enforcement Act of 1996’’.

6 SEC. 2. FINDINGS.

7 The Congress finds that—

8 (1) Federal investigation and prosecution of en9 vironmental crimes play a critical role in the protec-
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1 tion of human health, public safety, and the environ2 ment;

3 (2) the effectiveness of environmental criminal

4 enforcement efforts is greatly strengthened by close

5 cooperation and coordination among Federal, State,

6 local, and tribal authorities; and

7 (3) legislation is needed to facilitate Federal in8 vestigation and prosecution of environmental crimes

9 and to increase the effectiveness of joint Federal,

10 State, local, and tribal criminal enforcement efforts.

11 SEC. 3. JOINT FEDERAL, STATE, LOCAL, AND TRIBAL ENVI12 RONMENTAL ENFORCEMENT.

13 (a) Chapter 232 of title 18 is amended by adding

14 after section 3673 the following new section 3674:

15 ‘‘§ 3674. Reimbursement of State, local, or tribal gov16 ernment costs for assistance in Federal

17 investigation and prosecution of environ18 mental crimes

19 ‘‘(a) Upon the motion of the United States, any per20 son who is found guilty of a criminal violation of the Fed21 eral environmental laws set forth in subsection (b) below,

22 or conspiracy to violate such laws, may be ordered to pay

23 the costs incurred by a State, local, or tribal government

24 or an agency thereof for assistance to the Federal govern25 ment’s investigation and criminal prosecution of the case.
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1 Such monies shall be paid to the State, local, or tribal

2 government or agency thereof and be used solely for the

3 purpose of environmental law enforcement.

4 ‘‘(b) This subsection applies to a violation of any of

5 the following statutes, or conspiracy to violate any of the

6 following statutes:

7 ‘‘(1) Section 14(b) of the Federal Insecticide,

8 Fungicide, and Rodenticide Act (7 U.S.C. 136l(b)).

9 ‘‘(2) Section 16(b) of the Toxic Substances

10 Control Act (15 U.S.C. 2615(b)).

11 ‘‘(3) Sections 10, 12, 13, and 16 of the Rivers

12 and Harbors Appropriations Act of 1899 (33 U.S.C.

13 403, 406, 407, 411).

14 ‘‘(4) Sections 309(c) and 311(b)(5) of the Fed15 eral Water Pollution Control Act (33 U.S.C.

16 1319(c), 1321(b)(5)).

17 ‘‘(5) Section 105(b) of the Marine Protection,

18 Research, and Sanctuaries Act of 1972 (33 U.S.C.

19 1415(b)).

20 ‘‘(6) Section 9(a) of the Act to Prevent Pollu21 tion from Ships (33 U.S.C. 1908(a)).

22 ‘‘(7) Section 4109(c) of the Shore Protection

23 Act of 1988 (33 U.S.C. 2609(c)).

24 ‘‘(8) Sections 1423 and 1432 of the Safe

25 Drinking Water Act (42 U.S.C. 300h–2, 300i–1).
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1 ‘‘(9) Sections 3008(d), 3008(e) and 3008(i) of

2 the Resource Conservation and Recovery Act of

3 1976 (42 U.S.C. 6928(d), 6928(e), 6928(i)).

4 ‘‘(10) Section 113(c) of the Clean Air Act (42

5 U.S.C. 7413(c)).

6 ‘‘(11) Sections 103(b) and 103(d) of the Com7 prehensive Environmental Response, Compensation,

8 and Liability Act (42 U.S.C. 9603(b), 9603(d).

9 ‘‘(12) Section 325(b)(4) of the Emergency

10 Planning and Community Right-to-Know Act of

11 1986 (42 U.S.C. 11045(b)(4)).

12 ‘‘(13) Section 303(a) of the Federal Land Pol13 icy and Management Act of 1976 (43 U.S.C.

14 1733(a)).

15 ‘‘(14) Sections 5124, 60123(a), and 60123(b)

16 of title 49, United States Code.’’.

17 (b) The table of sections of chapter 232 of title 18,

18 United States Code is amended by adding the following

19 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.’’.

20 SEC. 4. PROTECTION OF GOVERNMENT EMPLOYEES AND

21 THE PUBLIC.

22 (a) Chapter 39 of title 18, United States Code, is

23 amended by adding the following new section:
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1 ‘‘§ 838. Protection of government employees and the

2 public from environmental crimes

3 ‘‘(a) Any person who commits a criminal violation of

4 a Federal environmental law identified in this subsection

5 that is the direct or proximate cause of serious bodily in6 jury to or death of any other person, including a Federal,

7 State, local, or tribal government employee performing of8 ficial duties as a result of the violation, shall be subject

9 to a maximum term of imprisonment of twenty years, a

10 fine of not more than $500,000, or both, and, if the de11 fendant is an organization, to a fine of not more than

12 $2,000,000. The laws to which this subsection applies

13 are—

14 ‘‘(1) section 309(c)(2), 309(c)(4), or 311(b)(5)

15 of the Federal Water Pollution Control Act (33

16 U.S.C. 1319(c)(2), 1319(c)(4), 1321(b)(5));

17 ‘‘(2) section 105(b) of the Marine Protection,

18 Research, and Sanctuaries Act of 1972 (33 U.S.C.

19 1415(b));

20 ‘‘(3) section 1423 or 1432 of the Safe Drinking

21 Water Act (42 U.S.C. 300h–2, 300i–1);

22 ‘‘(4) section 3008(d) of the Resource Conserva23 tion and Recovery Act of 1976 (42 U.S.C. 6928(d));

24 ‘‘(5) section 113(c)(1) or 113(c)(2) of the Clean

25 Air Act (42 U.S.C. 7413(c)(1), 7413(c)(2));
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1 ‘‘(6) section 103(b) or 103(d) of the Com2 prehensive Response, Compensation, and Liability

3 Act (42 U.S.C. 9603(b), 9603(d));

4 ‘‘(7) section 325(b)(4) of the Emergency Plan5 ning and Community Right-to-Know Act of 1986

6 (42 U.S.C. 11045(b)(4)); or

7 ‘‘(8) section 5124, 60123(a), or 60123(b) of

8 title 49, United States Code.

9 ‘‘(b) Any person who commits a criminal violation of

10 Federal environmental law identified in this subsection

11 that is the direct or proximate cause of serious bodily in12 jury to or death of any other person, including a Federal,

13 State, local, or tribal government employee performing of14 ficial duties as a result of the violation, shall be subject

15 to a maximum term of imprisonment of five years, a fine

16 of not more than $250,000, or both, and, if a defendant

17 is an organization, to a fine of not more than $1,000,000.

18 The laws to which this subsection applies are—

19 ‘‘(1) section 14(b) of the Federal Insecticide,

20 Fungicide, and Rodenticide Act (7 U.S.C. 136l(b));

21 or

22 ‘‘(2) section 16(b) of the Toxic Substances Con23 trol Act (15 U.S.C. 2615(b)).

24 ‘‘(c) For purposes of this section, the term ‘serious

25 bodily injury’ means bodily injury which involves—
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1 ‘‘(1) unconsciousness;

2 ‘‘(2) extreme physical pain;

3 ‘‘(3) protracted and obvious disfigurement; or

4 ‘‘(4) protracted loss or impairment of the func5 tion of a bodily member, organ, or mental faculty.

6 ‘‘(d) For purposes of this section, the term ‘organiza7 tion’ means a legal entity, other than a government, estab8 lished or organized for any purpose, and such term in9 cludes a corporation, company, association, firm, partner10 ship, joint stock company, foundation, institution, trust,

11 society, union, or any other association of persons.’’

12 (b) The table of sections of chapter 39 of title 18,

13 United States Code, is amended by adding the following

14 after the item relating to section 837:

‘‘§ 838. Protection of government employees and the public from environmental

crimes.’’.

15 SEC. 5. ENVIRONMENTAL CRIMES TRAINING FOR STATE,

16 LOCAL, AND TRIBAL LAW ENFORCEMENT.

17 (a) This section may be cited as the ‘‘Environmental

18 Crimes Training Act of 1996’’.

19 (b) The Administrator of the Environmental Protec20 tion Agency, as soon as practicable, within the Office of

21 Enforcement and Compliance Assurance, shall establish

22 the State, Local, and Tribal Environmental Enforcement

23 Training Program to be administered by the National En24 forcement Training Institute within the Office of Criminal
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1 Enforcement, Forensics and Training. This Program shall

2 be dedicated to training State, local, and tribal law en3 forcement personnel in the investigation of environmental

4 crimes at the Federal Law Enforcement Training Center

5 (FLETC) in Glynn County, Georgia at the EPA–FLETC

6 training center or other training sites which are accessible

7 to State, local, and tribal law enforcement. State, local,

8 and tribal law enforcement personnel shall include, among

9 others, the following: inspectors, civil and criminal inves10 tigators, technical experts, regulators, government law11 yers, and police.

12 SEC. 6. STATUTE OF LIMITATIONS.

13 (a) Chapter 213 of title 18, United States Code, is

14 amended by adding after section 3294 the following new

15 section:

16 ‘‘§ 3295. Felony environmental crimes

17 ‘‘(a) No person shall be prosecuted, tried, or punished

18 for a violation of, or a conspiracy to violate, any of the

19 offenses listed in subsection (b) unless the indictment is

20 returned or the information is filed within five years after

21 the offense is committed; however, when a person commits

22 an affirmative act that conceals the offense from any Fed23 eral, State, local, or tribal government agency, that person

24 shall not be prosecuted, tried, or punished for a violation

25 of, or a conspiracy to violate, any of the offenses listed
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1 below in subsection (b) unless the indictment is returned

2 or the information is filed within five years after the of3 fense is committed, or within three years after the offense

4 is discovered by a government agency, whichever is later

5 but in no event later than eight years after the offense

6 is committed.

7 ‘‘(b) This section applies to a violation of—

8 ‘‘(1) section 309(c)(2), 309(c)(3), 309(c)(4), or

9 311(b)(5) of the Federal Water Pollution Control

10 Act (33 U.S.C. 1319(c)(2), 1319(c)(3), 1319(c)(4),

11 1321(b)(5));

12 ‘‘(2) section 105(b) of the Marine Protection,

13 Research, and Sanctuaries Act of 1972 (33 U.S.C.

14 1415(b));

15 ‘‘(3) section 9(a) of the Act to Prevent Pollu16 tion from Ships (33 U.S.C. 1908(a));

17 ‘‘(4) section 4109(c) of the Shore Protection

18 Act of 1988 (33 U.S.C. 2609(c));

19 ‘‘(5) section 1423 or 1432 of the Safe Drinking

20 Water Act (42 U.S.C. 300h–2, 300i–1);

21 ‘‘(6) section 3008(d) or 3008(e) of the Re22 source Conservation and Recovery Act of 1976 (42

23 U.S.C. 6928(d), 6928(e));
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1 ‘‘(7) section 113(c)(1), 113(c)(2), 113(c)(3), or

2 113(c)(5) of the Clean Air Act (42 U.S.C.

3 7413(c)(1), 7413(c)(2), 7413(c)(3), 7413(c)(5));

4 ‘‘(8) section 103(b) or 103(d) of the Com5 prehensive Response, Compensation, and Liability

6 Act (42 U.S.C. 9603(b), 9603(d));

7 ‘‘(9) section 325(b)(4) of the Emergency Plan8 ning and Community Right-to-Know Act of 1986

9 (42 U.S.C. 11045(b)(4)); or

10 ‘‘(10) section 5124, 60123(a), or 60123(b) of

11 title 49, United States Code.’’.

12 (b) The table of sections of chapter 213 of title 18,

13 United States Code, is amended by adding after the item

14 referring to section 3294 the following new item:

‘‘§ 3295. Felony environmental crimes.’’.

15 SEC. 7. ATTEMPTS.

16 (a) Section 14(b) of the Federal Insecticide, Fun17 gicide, and Rodenticide Act (7 U.S.C. 1361(b)) is amend18 ed by adding a new paragraph 14(b)(5):

19 ‘‘(5) ATTEMPTS.—Any person who attempts to

20 commit the conduct that constitutes an offense

21 under paragraph (1) of this subsection shall be sub22 ject to the same penalties as those prescribed for

23 such an offense.’’.
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1 (b) Section 16(b) of the Toxic Substances Control Act

2 (15 U.S.C. 2615(b)), is amended by inserting ‘‘(1)’’ before

3 ‘‘Any’’ and by adding the following new paragraph:

4 ‘‘(2) Any person who attempts to commit the

5 conduct that constitutes any offense under para6 graph (1) of this subsection shall be subject to the

7 same penalties as those prescribed for such of8 fense.’’.

9 (c) Section 309(c) of the Federal Water Pollution

10 Control Act (33 U.S.C. 1319(c)), is amended by adding

11 after paragraph (7) the following new paragraph

12 309(c)(8):

13 ‘‘(8) Any person who attempts to commit the

14 conduct that constitutes any offense under para15 graphs (2), (3), or (4) of this subsection shall be

16 subject to the same penalties as those prescribed for

17 such offense.’’.

18 (d) Section 105(b) of the Marine Protection, Re19 search, and Sanctuaries Act of 1972 (33 U.S.C. 1415(b)),

20 is amended by striking ‘‘and’’ at the end of paragraph (1),

21 striking the period at the end of (2)(B), and inserting ‘‘;

22 and’’, and adding after paragraph (2) the following new

23 paragraph:

24 ‘‘(3) Any person who attempts to commit the

25 conduct that constitutes any offense under para-
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1 graph (l) of this subsection shall be subject to the

2 same penalties as those prescribed for such of3 fense.’’.

4 (e) Section 9(a) of the Act to Prevent Pollution from

5 Ships (33 U.S.C. 1908(a)), is amended by inserting ‘‘(1)’’

6 before ‘‘(A)’’ and by adding the following new paragraph:

7 ‘‘(2) Any person who attempts to commit the

8 conduct that constitutes any offense under para9 graph (1) of this subsection shall be subject to the

10 same penalties as those prescribed for such of11 fense.’’.

12 (f) Section 3008 of the Resource Conservation and

13 Recovery Act of 1976 (42 U.S.C. 6928), is amended by

14 adding after subsection 3008(h) the following new sub15 section—

16 ‘‘(i) Any person who attempts to commit the conduct

17 that constitutes any offense under subsections (d) or (e)

18 of this section shall be subject to the same penalties as

19 those prescribed for such offense.’’.

20 (g) Section 113(c) of the Clean Air Act (42 U.S.C.

21 7413(c)), is amended by adding after paragraph 6 the fol22 lowing new paragraph:

23 ‘‘(7) Any person who attempts to commit the

24 conduct that constitutes any offense under sub25 sections (1), (2), or (3) of this section shall be sub-
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1 ject to the same penalties as those prescribed for

2 such offense.’’.

3 SEC. 8. ENVIRONMENTAL CRIMES RESTITUTION.

4 (a) Section 3663(a)(1) of title 18, United States

5 Code, is amended by striking ‘‘or’’ before ‘‘section 46312’’

6 and inserting ‘‘or an environmental crime listed in section

7 3674 of this title,’’ after ‘‘section 3663A(c),’’.

8 (b) Subsection 3663(b) of title 18, United States

9 Code, is amended by striking ‘‘and’’ at the end of para10 graph (4), striking the period at the end of paragraph (5)

11 and inserting ‘‘; and’’, and adding after paragraph (5) the

12 following new paragraph—

13 ‘‘(6) in the case of an offense resulting in pollu14 tion of or damage to the environment, pay for re15 moval and remediation of the environmental pollu16 tion or damage and restoration of the environment,

17 to the extent of the pollution or damage resulting

18 from the offense; in such a case, the term ‘victim’

19 in section 3663(a)(2) includes a community or com20 munities, whether or not the members are individ21 ually identified.’’.

Æ