I

104TH CONGRESS

2D SESSION H. R. 4218

To increase penalties and strengthen enforcement of environmental crimes,

and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 26, 1996

Mr. SCHUMER (for himself, Mr. REED, Mr. PALLONE, and Mr. MILLER of

California) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Commerce,

Agriculture, Transportation and Infrastructure, and Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To increase penalties and strengthen enforcement of

environmental crimes, and for other purposes.

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’’.
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1 SEC. 2. JOINT FEDERAL, STATE, LOCAL, AND TRIBAL ENVI2 RONMENTAL ENFORCEMENT.

3 (a) IN GENERAL.—Chapter 232 of title 18, United

4 States Code, is amended by inserting after section 3673

5 the following:

6 ‘‘§ 3674. Reimbursement of State, local, or tribal gov7 ernment costs for assistance in Federal

8 investigation and prosecution of environ9 mental crimes

10 ‘‘(a) Upon the motion of the United States, any per11 son who is found guilty of a criminal violation of the Fed12 eral environmental laws set forth in subsection (b) below,

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

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

15 or an agency thereof for assistance to the Federal Govern16 ment’s investigation and criminal prosecution of the case.

17 Such moneys shall be paid to the State, local, or tribal

18 government or agency thereof and be used solely for the

19 purpose of environmental law enforcement.

20 ‘‘(b) This section applies to a violation of, or a con21 spiracy to violate, any of the following provisions of law:

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

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

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

25 Control Act (15 U.S.C. 2615(b)).
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1 ‘‘(3) Sections 10, 12, 13, and 16 of the Rivers

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

3 403, 406, 407, 411).

4 ‘‘(4) Sections 309(c) and 311(b)(5) of the Fed5 eral Water Pollution Control Act (33 U.S.C.

6 1319(c), 1321(b)(5)).

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

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

9 1415(b)).

10 ‘‘(6) Section 9(a) of the Act to Prevent Pollu11 tion from Ships (33 U.S.C. 1908(a)).

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

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

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

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

16 ‘‘(9) Sections 3008(d), 3008(e), and 3008(i) of

17 the Resource Conservation and Recovery Act of

18 1976 (42 U.S.C. 6928(d), 6928(e), 6928(i)).

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

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

21 ‘‘(11) Sections 103(b) and 103(d) of the Com22 prehensive Environmental Response, Compensation,

23 and Liability Act (42 U.S.C. 9603(b), 9603(d)).
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1 ‘‘(12) Section 325(b)(4) of the Emergency

2 Planning and Community Right-to-Know Act of

3 1986 (42 U.S.C. 11045(b)(4)).

4 ‘‘(13) Section 303(a) of the Federal Land Pol5 icy and Management Act of 1976 (43 U.S.C.

6 1733(a)).

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

8 of title 49, United States Code.’’.

9 (b) CLERICAL AMENDMENT.—The table of sections

10 at the beginning of chapter 232 of title 18, United States

11 Code, is amended by adding at the end the following new

12 item:

‘‘3674. Reimbursement of State, local, or tribal government costs for assistance

in Federal investigation and prosecution of environmental

crimes.’’.

13 SEC. 3. PROTECTION OF GOVERNMENT EMPLOYEES AND

14 THE PUBLIC.

15 (a) IN GENERAL.—Chapter 39 of title 18, United

16 States Code, is amended by adding the following new sec17 tion:

18 ‘‘§ 838. Protection of government employees and the

19 public from environmental crimes

20 ‘‘(a)(1) Any person who commits a criminal violation

21 of a Federal environmental law identified in this sub22 section that is the direct or proximate cause of serious

23 bodily injury to or death of any other person, including

24 a Federal, State, local, or tribal government employee per-
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1 forming official duties as a result of the violation, shall

2 be subject to a maximum term of imprisonment of 20

3 years, a fine of not more than $500,000, or both, and,

4 if the defendant is an organization, to a fine of not more

5 than $2,000,000.

6 ‘‘(2) The provisions of law to which this subsection

7 applies are—

8 ‘‘(A) section 309(c)(2), 309(c)(4), or 311(b)(5)

9 of the Federal Water Pollution Control Act (33

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

11 ‘‘(B) section 105(b) of the Marine Protection,

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

13 1415(b));

14 ‘‘(C) section 1423 or 1432 of the Safe Drinking

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

16 ‘‘(D) section 3008(d) of the Resource Conserva17 tion and Recovery Act of 1976 (42 U.S.C. 6928(d));

18 ‘‘(E) section 113(c)(1) or 113(c)(2) of the

19 Clean Air Act (42 U.S.C. 7413(c)(1), 7413(c)(2));

20 ‘‘(F) section 103(b) or 103(d) of the Com21 prehensive Response, Compensation, and Liability

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

23 ‘‘(G) section 325(b)(4) of the Emergency Plan24 ning and Community Right-to-Know Act of 1986

25 (42 U.S.C. 11045(b)(4)); or
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1 ‘‘(H) section 5124, 60123(a), or 60123(b) of

2 title 49, United States Code.

3 ‘‘(b)(1) Any person who commits a criminal violation

4 of 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 fined

9 under this title or imprisoned not more than 5 years, or

10 both, but if the defendant is an organization, the defend11 ant may be fined not more than $1,000,000.

12 ‘‘(2) The provisions of law to which this subsection

13 applies are—

14 ‘‘(A) section 14(b) of the Federal Insecticide,

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

16 and

17 ‘‘(B) section 16(b) of the Toxic Substances

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

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

20 bodily injury’ means bodily injury which involves—

21 ‘‘(1) unconsciousness;

22 ‘‘(2) extreme physical pain;

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

24 ‘‘(4) protracted loss or impairment of the func25 tion of a bodily member, organ, or mental faculty.
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1 ‘‘(d) For purposes of this section, the term ‘organiza2 tion’ means a legal entity, other than a government, estab3 lished or organized for any purpose, and such term in4 cludes a corporation, company, association, firm, partner5 ship, joint stock company, foundation, institution, trust,

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

7 (b) CLERICAL AMENDMENT.—The table of sections

8 at the beginning of chapter 39 of title 18, United States

9 Code, is amended by inserting after the item relating to

10 section 837 the following:

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

crimes.’’.

11 SEC. 4. ENVIRONMENTAL CRIMES TRAINING FOR STATE,

12 LOCAL, AND TRIBAL LAW ENFORCEMENT.

13 (a) SHORT TITLE.—This section may be cited as the

14 ‘‘Environmental Crimes Training Act of 1996’’.

15 (b) PROGRAM.—The Administrator of the Environ16 mental Protection Agency, as soon as practicable, within

17 the Office of Enforcement and Compliance Assurance,

18 shall establish the State, local, and Tribal Environmental

19 Enforcement Training Program to be administered by the

20 National Enforcement Training Institute within the Office

21 of Criminal Enforcement, Forensics and Training. This

22 Program shall be dedicated to training State, local, and

23 tribal law enforcement personnel in the investigation of

24 environmental crimes at the Federal Law Enforcement
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1 Training Center (FLETC) in Glynn County, Georgia, at

2 the EPA–FLETC training center or other training sites

3 which are accessible to State, local, and tribal law enforce4 ment. State, local, and tribal law enforcement personnel

5 shall include, among others, the following: inspectors, civil

6 and criminal investigators, technical experts, regulators,

7 government lawyers, and police.

8 SEC. 5. STATUTE OF LIMITATIONS.

9 (a) IN GENERAL.—Chapter 213 of title 18, United

10 States Code, is amended by adding after section 3294 the

11 following new section—

12 ‘‘§ 3295. Felony environmental crimes

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

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

15 offenses listed in subsection (b), unless the indictment is

16 returned or the information is filed within 5 years after

17 the offense is committed. However, when a person com18 mits an affirmative act that conceals the offense from any

19 Federal, State, local, or tribal government agency, that

20 person shall not be prosecuted, tried, or punished for a

21 violation of, or a conspiracy to violate, any of the offenses

22 listed below in subsection (b) unless the indictment is re23 turned or the information is filed within 5 years after the

24 offense is committed, or within 3 years after the offense

25 is discovered by a government agency, whichever is later
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1 but in no event later than 8 years after the offense is com2 mitted.

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

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

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

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

7 1321(b)(5));

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

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

10 1415(b));

11 ‘‘(3) section 9(a) of the Act to Prevent Pollu12 tion from Ships (33 U.S.C. 1908(a));

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

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

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

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

17 ‘‘(6) section 3008(d) or 3008(e) of the Re18 source Conservation and Recovery Act of 1976 (42

19 U.S.C. 6928(d), 6928(e));

20 ‘‘(7) section 113(c)(1), 113(c)(2), 113(c)(3), or

21 113(c)(5) of the Clean Air Act (42 U.S.C.

22 7413(c)(1), 7413(c)(2), 7413(c)(3), 7413(c)(5));

23 ‘‘(8) section 103(b) or 103(d) of the Com24 prehensive Response, Compensation, and Liability

25 Act (42 U.S.C. 9603(b), 9603(d));
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1 ‘‘(9) section 325(b)(4) of the Emergency Plan2 ning and Community Right-to-Know Act of 1986

3 (42 U.S.C. 11045(b)(4)); or

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

5 title 49, United States Code.’’.

6 (b) CLERICAL AMENDMENT.—The table of sections

7 of chapter 213 of title 18, United States Code, is amended

8 by inserting after the item referring to section 3294 the

9 following new item:

‘‘3295. Felony environmental crimes.’’.

10 SEC. 6. ATTEMPTS.

11 (a) FEDERAL INSECTICIDE, FUNGICIDE, AND

12 RODENTICIDE ACT.—Section 14(b) of the Federal Insecti13 cide, Fungicide, and Rodenticide Act (7 U.S.C. 136l(b))

14 is amended by adding the following new paragraph:

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

16 commit the conduct that constitutes an offense

17 under paragraph (1) of this subsection shall be sub18 ject to the same penalties as those prescribed for

19 such an offense.’’.

20 (b) TOXIC SUBSTANCES CONTROL ACT.—Section

21 16(b) of the Toxic Substances Control Act (15 U.S.C.

22 2615(b)), is amended by inserting ‘‘(1)’’ before ‘‘Any’’ and

23 by adding the following new paragraph:

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

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

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

4 (c) FEDERAL WATER POLLUTION CONTROL ACT.—

5 Section 309(c) of the Federal Water Pollution Control Act

6 (33 U.S.C. 1319(c)), is amended by adding after para7 graph (7) the following new paragraph:

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

9 conduct that constitutes any offense under para10 graph (2), (3), or (4) of this subsection shall be sub11 ject to the same penalties as those prescribed for

12 such offense.’’.

13 (d) OCEAN DUMPING.—Section 105(b) of the Marine

14 Protection, Research, and Sanctuaries Act of 1972 (33

15 U.S.C. 1415(b)) is amended by striking ‘‘and’’ at the end

16 of paragraph (1), striking the period at the end of para17 graph (2)(B) and inserting ‘‘; and’’, and adding after

18 paragraph (2) the following new paragraph:

19 ‘‘(3) any person who attempts to commit con20 duct that constitutes an offense under paragraph (1)

21 of this subsection shall be subject to the same pen22 alties as those prescribed for such offense.’’.

23 (e) MARPOL.—Section 9(a) of the Act to Prevent

24 Pollution from Ships (33 U.S.C. 1908(a)) is amended by
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1 inserting ‘‘(1)’’ before ‘‘A person’’, and by adding at the

2 end the following new paragraph:

3 ‘‘(2) Any person who attempts to commit conduct

4 that constitutes an offense under paragraph (1) of this

5 subsection shall be subject to the same penalties as those

6 prescribed for such offense.’’.

7 (f) SOLID WASTE DISPOSAL ACT.—Section 3008 of

8 the Solid Waste Disposal Act (42 U.S.C. 6928), is amend9 ed by adding after section 3008(h) the following new sub10 section:

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

12 that constitutes any offense under subsection (d) or (e)

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

14 those prescribed for such offense.’’.

15 (g) CLEAN AIR ACT.—Section 113(c) of the Clean

16 Air Act (42 U.S.C. 7413(c)), is amended by adding after

17 paragraph (6) the following new paragraph:

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

19 conduct that constitutes any offense under para20 graphs (1), (2), or (3) of this subsection shall be

21 subject to the same penalties as those prescribed for

22 such offense.’’.

23 SEC. 7. ENVIRONMENTAL CRIMES RESTITUTION.

24 (a) GENERALLY.—Section 3663(a)(1) of title 18,

25 United States Code, is amended by striking ‘‘or’’ before
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1 ‘‘section 46312’’ and inserting ‘‘or an environmental crime

2 listed in section 3674 of this title,’’ after ‘‘section

3 3663A(c),’’

4 (b) DEFINITION OF ‘‘VICTIM’’.—Subsection 3663(b)

5 of title 18, United States Code, is amended—

6 (1) by striking ‘‘and’’ at the end of paragraph

7 (4);

8 (2) by striking the period at the end of para9 graph (5) and inserting ‘‘; and’’; and

10 (3) by inserting after paragraph (5) the follow11 ing:

12 ‘‘(6) in the case of an offense resulting in pollu13 tion of or damage to the environment, pay for re14 moval and remediation of the environmental pollu15 tion or damage and restoration of the environment,

16 to the extent of the pollution or damage resulting

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

18 in section 3663(a)(2) includes a community or com19 munities, whether or not the members are individ20 ually identified.’’.
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1 SEC. 8. PREVENTION OF ALIENATION OR DISPOSAL OF AS2 SETS NEEDED TO REMEDY ENVIRONMENTAL

3 HARMS CAUSED BY ENVIRONMENTAL

4 CRIMES.

5 (a) IN GENERAL.—Chapter 39 of title 18, United

6 States Code, is amended by inserting after section 838 the

7 following:

8 ‘‘§ 839. Prejudgment orders to secure payment for en9 vironmental damage

10 ‘‘(a) At the time of the filing of an indictment or in11 formation for the violation of any of the statutory provi12 sions set forth in section 838(a) of this title, or at any

13 time thereafter, if, after notice to the defendant, the Unit14 ed States shows probable cause to believe that—

15 ‘‘(1) the defendant will conceal, alienate, or dis16 pose of property, or place property outside the juris17 diction of the Federal district courts; and

18 ‘‘(2) the defendant will thereby reduce or im19 pair the defendant’s ability to pay restitution, in

20 whole or in part, including removal and remediation

21 of environmental pollution or damage and restora22 tion of the environment resulting from the statutory

23 violation;

24 the court may order the defendant not to alienate or dis25 pose of any such property, or place such property outside

26 the jurisdiction of the United States district courts, with-
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1 out leave of the court. The Government shall bear the bur2 den of proving, by a preponderance of the evidence, the

3 projected cost for the removal and remediation of the envi4 ronmental pollution or damage and restoration of the envi5 ronment.

6 ‘‘(b) DEFENSES.—The defendant may establish the

7 following affirmative defenses to a motion by the Govern8 ment under this section:

9 ‘‘(1) That the defendant possesses other assets

10 sufficient to pay restitution, including the costs of

11 removal and remediation of the environmental pollu12 tion or damage and restoration of the environment

13 resulting from the statutory violation, provided that

14 the defendant places those other assets under the

15 control of the court.

16 ‘‘(2) That the defendant has made full restitu17 tion, including the removal and remediation of the

18 environmental pollution or damage and restoration

19 of the environment.

20 ‘‘(c) PROCEDURES.—Any proceeding under this sec21 tion is governed by the Federal Rules of Criminal Proce22 dure.

23 ‘‘(d) PROPERTY DEFINED.—For the purposes of this

24 section, ‘property’ shall include—
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1 ‘‘(1) real property, including things growing on,

2 affixed to, and found in land; and

3 ‘‘(2) tangible and intangible personal property,

4 including money, rights, privileges, interests, claims,

5 and securities.

6 ‘‘(e) EXPIRATION OF ORDER.—The court may amend

7 an order issued pursuant to this section at any time. In

8 no event, however, shall the order extend beyond sentenc9 ing, in the case of a conviction, or a dismissal or acquittal

10 of the prosecution.

11 ‘‘(f) ALL WRITS ACT.—Nothing in this section dimin12 ishes the powers of the court otherwise available under

13 section 1651 of title 28.

14 (b) CLERICAL AMENDMENT.—The table of sections

15 at the beginning of chapter 39 of title 18, United States

16 Code, is amended by adding after the item relating to sec17 tion 838, the following new item—

‘‘839. Prejudgment orders to secure payment for environmental damage.’’.

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