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 Com-
mittee on the Judiciary, and in addition to the Committees on Commerce,
Agriculture, Transportation and Infrastructure, and Resources, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the commit-
tee concerned
A BILL
To increase penalties and strengthen enforcement of
environmental crimes, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives 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 1996’’.
‘‘(3) Sections 10, 12, 13, and 16 of the Rivers
and Harbors Appropriations Act of 1899 (33 U.S.C.
403, 406, 407, 411).
‘‘(4) Sections 309(c) and 311(b)(5) of the Fed-
eral 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 Pollu-
tion 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) Sections 1423 and 1432 of the Safe
Drinking Water Act (42 U.S.C. 300h–2, 300i–1).
‘‘(9) Sections 3008(d), 3008(e), and 3008(i) of
the Resource Conservation and Recovery Act of
1976 (42 U.S.C. 6928(d), 6928(e), 6928(i)).
‘‘(10) Section 113(c) of the Clean Air Act (42
U.S.C. 7413(c)).
‘‘(11) Sections 103(b) and 103(d) of the Com-
prehensive Environmental Response, Compensation,
and Liability Act (42 U.S.C. 9603(b), 9603(d)).
‘‘(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 Pol-
icy and Management Act of 1976 (43 U.S.C.
1733(a)).
‘‘(14) Sections 5124, 60123(a), and 60123(b)
of title 49, United States Code.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 232 of title 18, United States
Code, is amended by adding at the end the following new
item:
‘‘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.
(a) IN GENERAL.—Chapter 39 of title 18, United
States Code, is amended by adding the following new sec-
tion:
‘‘§ 838. Protection of government employees and the
public from environmental crimes
‘‘(a)(1) Any person who commits a criminal violation
of a Federal environmental law identified in this sub-
section that is the direct or proximate cause of serious
bodily injury to or death of any other person, including
a Federal, State, local, or tribal government employee per-
forming official duties as a result of the violation, shall
be subject to a maximum term of imprisonment of 20
years, a fine of not more than $500,000, or both, and,
if the defendant is an organization, to a fine of not more
than $2,000,000.
‘‘(2) The provisions of law to which this subsection
applies are—
‘‘(A) section 309(c)(2), 309(c)(4), or 311(b)(5)
of the Federal Water Pollution Control Act (33
U.S.C. 1319(c)(2), 1319(c)(4), 1321(b)(5));
‘‘(B) section 105(b) of the Marine Protection,
Research, and Sanctuaries Act of 1972 (33 U.S.C.
1415(b));
‘‘(C) section 1423 or 1432 of the Safe Drinking
Water Act (42 U.S.C. 300h–2, 300i–1);
‘‘(D) section 3008(d) of the Resource Conserva-
tion and Recovery Act of 1976 (42 U.S.C. 6928(d));
‘‘(E) section 113(c)(1) or 113(c)(2) of the
Clean Air Act (42 U.S.C. 7413(c)(1), 7413(c)(2));
‘‘(F) section 103(b) or 103(d) of the Com-
prehensive Response, Compensation, and Liability
Act (42 U.S.C. 9603(b), 9603(d));
‘‘(G) section 325(b)(4) of the Emergency Plan-
ning and Community Right-to-Know Act of 1986
(42 U.S.C. 11045(b)(4)); or
‘‘(H) section 5124, 60123(a), or 60123(b) of
title 49, United States Code.
‘‘(b)(1) Any person who commits a criminal violation
of Federal environmental law identified in this subsection
that is the direct or proximate cause of serious bodily in-
jury to or death of any other person, including a Federal,
State, local, or tribal government employee performing of-
ficial duties as a result of the violation, shall be fined
under this title or imprisoned not more than 5 years, or
both, but if the defendant is an organization, the defend-
ant may be fined not more than $1,000,000.
‘‘(2) The provisions of law to which this subsection
applies are—
‘‘(A) section 14(b) of the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136l(b));
and
‘‘(B) section 16(b) of the Toxic Substances
Control Act (15 U.S.C. 2615(b)).
‘‘(c) For purposes of this section, the term ‘serious
bodily injury’ means bodily injury which involves—
‘‘(1) unconsciousness;
‘‘(2) extreme physical pain;
‘‘(3) protracted and obvious disfigurement; or
‘‘(4) protracted loss or impairment of the func-
tion of a bodily member, organ, or mental faculty.
‘‘(d) For purposes of this section, the term ‘organiza-
tion’ means a legal entity, other than a government, estab-
lished or organized for any purpose, and such term in-
cludes a corporation, company, association, firm, partner-
ship, joint stock company, foundation, institution, trust,
society, union, or any other association of persons.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 39 of title 18, United States
Code, is amended by inserting after the item relating to
section 837 the following:
‘‘838. Protection of government employees and the public from environmental
crimes.’’.
SEC. 4. ENVIRONMENTAL CRIMES TRAINING FOR STATE,
LOCAL, AND TRIBAL LAW ENFORCEMENT.
(a) SHORT TITLE.—This section may be cited as the
‘‘Environmental Crimes Training Act of 1996’’.
(b) PROGRAM.—The Administrator of the Environ-
mental Protection Agency, as soon as practicable, within
the Office of Enforcement and Compliance Assurance,
shall establish the State, local, and Tribal Environmental
Enforcement Training Program to be administered by the
National Enforcement Training Institute within the Office
of Criminal Enforcement, Forensics and Training. This
Program shall be dedicated to training State, local, and
tribal law enforcement personnel in the investigation of
environmental crimes at the Federal Law Enforcement
Training Center (FLETC) in Glynn County, Georgia, at
the EPA–FLETC training center or other training sites
which are accessible to State, local, and tribal law enforce-
ment. State, local, and tribal law enforcement personnel
shall include, among others, the following: inspectors, civil
and criminal investigators, technical experts, regulators,
government lawyers, and police.
SEC. 5. STATUTE OF LIMITATIONS.
(a) IN GENERAL.—Chapter 213 of title 18, United
States Code, is amended by adding after section 3294 the
following new section—
‘‘§ 3295. Felony environmental crimes
‘‘(a) No person shall be prosecuted, tried, or punished
for a violation of, or a conspiracy to violate, any of the
offenses listed in subsection (b), unless the indictment is
returned or the information is filed within 5 years after
the offense is committed. However, when a person com-
mits an affirmative act that conceals the offense from any
Federal, State, local, or tribal government agency, that
person shall not be prosecuted, tried, or punished for a
violation of, or a conspiracy to violate, any of the offenses
listed below in subsection (b) unless the indictment is re-
turned or the information is filed within 5 years after the
offense is committed, or within 3 years after the offense
is discovered by a government agency, whichever is later
but in no event later than 8 years after the offense is com-
mitted.
‘‘(b) This section applies to a violation of—
‘‘(1) section 309(c)(2), 309(c)(3), 309(c)(4), or
311(b)(5) of the Federal Water Pollution Control
Act (33 U.S.C. 1319(c)(2), 1319(c)(3), 1319(c)(4),
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 Pollu-
tion 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 or 1432 of the Safe Drinking
Water Act (42 U.S.C. 300h–2, 300i–1);
‘‘(6) section 3008(d) or 3008(e) of the Re-
source Conservation and Recovery Act of 1976 (42
U.S.C. 6928(d), 6928(e));
‘‘(7) section 113(c)(1), 113(c)(2), 113(c)(3), or
113(c)(5) of the Clean Air Act (42 U.S.C.
7413(c)(1), 7413(c)(2), 7413(c)(3), 7413(c)(5));
‘‘(8) section 103(b) or 103(d) of the Com-
prehensive Response, Compensation, and Liability
Act (42 U.S.C. 9603(b), 9603(d));
‘‘(9) section 325(b)(4) of the Emergency Plan-
ning and Community Right-to-Know Act of 1986
(42 U.S.C. 11045(b)(4)); or
‘‘(10) section 5124, 60123(a), or 60123(b) of
title 49, United States Code.’’.
(b) CLERICAL AMENDMENT.—The table of sections
of chapter 213 of title 18, United States Code, is amended
by inserting after the item referring to section 3294 the
following new item:
‘‘3295. Felony environmental crimes.’’.
SEC. 6. ATTEMPTS.
(a) 
FEDERAL
INSECTICIDE, 
FUNGICIDE, 
AND
RODENTICIDE ACT.—Section 14(b) of the Federal Insecti-
cide, Fungicide, and Rodenticide Act (7 U.S.C. 136l(b))
is amended by adding the following new paragraph:
‘‘(5) ATTEMPTS.—Any person who attempts to
commit the conduct that constitutes an offense
under paragraph (1) of this subsection shall be sub-
ject to the same penalties as those prescribed for
such an offense.’’.
(b) TOXIC SUBSTANCES CONTROL ACT.—Section
16(b) of the Toxic Substances Control Act (15 U.S.C.
2615(b)), is amended by inserting ‘‘(1)’’ before ‘‘Any’’ and
by adding the following new paragraph:
‘‘(2) Any person who attempts to commit the
conduct that constitutes any offense under para-
graph (1) of this subsection shall be subject to the
same penalties as those prescribed for such of-
fense.’’.
(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 after para-
graph (7) the following new paragraph:
‘‘(8) Any person who attempts to commit the
conduct that constitutes any offense under para-
graph (2), (3), or (4) of this subsection shall be sub-
ject to the same penalties as those prescribed for
such 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 by striking ‘‘and’’ at the end
of paragraph (1), striking the period at the end of para-
graph (2)(B) and inserting ‘‘; and’’, and adding after
paragraph (2) the following new paragraph:
‘‘(3) any person who attempts to commit con-
duct that constitutes an offense under paragraph (1)
of this subsection shall be subject to the same pen-
alties as those prescribed for such offense.’’.
(e) MARPOL.—Section 9(a) of the Act to Prevent
Pollution from Ships (33 U.S.C. 1908(a)) is amended by
inserting ‘‘(1)’’ before ‘‘A person’’, and by adding at the
end the following new paragraph:
‘‘(2) Any person who attempts to commit conduct
that constitutes an offense under paragraph (1) of this
subsection shall be subject to the same penalties as those
prescribed for such offense.’’.
(f) SOLID WASTE DISPOSAL ACT.—Section 3008 of
the Solid Waste Disposal Act (42 U.S.C. 6928), is amend-
ed by adding after section 3008(h) the following new sub-
section:
‘‘(i) Any person who attempts to commit the conduct
that constitutes any offense under subsection (d) or (e)
of this section shall be subject to the same penalties as
those prescribed for such offense.’’.
(g) CLEAN AIR ACT.—Section 113(c) of the Clean
Air Act (42 U.S.C. 7413(c)), is amended by adding after
paragraph (6) the following new paragraph:
‘‘(7) Any person who attempts to commit the
conduct that constitutes any offense under para-
graphs (1), (2), or (3) of this subsection shall be
subject to the same penalties as those prescribed for
such offense.’’.
SEC. 7. ENVIRONMENTAL CRIMES RESTITUTION.
(a) GENERALLY.—Section 3663(a)(1) of title 18,
United States Code, is amended by striking ‘‘or’’ before
‘‘section 46312’’ and inserting ‘‘or an environmental crime
listed in section 3674 of this title,’’ after ‘‘section
3663A(c),’’
(b) DEFINITION OF ‘‘VICTIM’’.—Subsection 3663(b)
of title 18, United States Code, is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(4);
(2) by striking the period at the end of para-
graph (5) and inserting ‘‘; and’’; and
(3) by inserting after paragraph (5) the follow-
ing:
‘‘(6) in the case of an offense resulting in pollu-
tion of or damage to the environment, pay for re-
moval and remediation of the environmental pollu-
tion or damage and restoration of the environment,
to the extent of the pollution or damage resulting
from the offense; in such a case, the term ‘victim’
in section 3663(a)(2) includes a community or com-
munities, whether or not the members are individ-
ually identified.’’.
SEC. 8. PREVENTION OF ALIENATION OR DISPOSAL OF AS-
SETS NEEDED TO REMEDY ENVIRONMENTAL
HARMS 
CAUSED 
BY 
ENVIRONMENTAL
CRIMES.
(a) IN GENERAL.—Chapter 39 of title 18, United
States Code, is amended by inserting after section 838 the
following:
‘‘§ 839. Prejudgment orders to secure payment for en-
vironmental damage
‘‘(a) At the time of the filing of an indictment or in-
formation for the violation of any of the statutory provi-
sions set forth in section 838(a) of this title, or at any
time thereafter, if, after notice to the defendant, the Unit-
ed States shows probable cause to believe that—
‘‘(1) the defendant will conceal, alienate, or dis-
pose of property, or place property outside the juris-
diction of the Federal district courts; and
‘‘(2) the defendant will thereby reduce or im-
pair the defendant’s ability to pay restitution, in
whole or in part, including removal and remediation
of environmental pollution or damage and restora-
tion of the environment resulting from the statutory
violation;
the court may order the defendant not to alienate or dis-
pose of any such property, or place such property outside
the jurisdiction of the United States district courts, with-
out leave of the court. The Government shall bear the bur-
den of proving, by a preponderance of the evidence, the
projected cost for the removal and remediation of the envi-
ronmental pollution or damage and restoration of the envi-
ronment.
‘‘(b) DEFENSES.—The defendant may establish the
following affirmative defenses to a motion by the Govern-
ment under this section:
‘‘(1) That the defendant possesses other assets
sufficient to pay restitution, including the costs of
removal and remediation of the environmental pollu-
tion or damage and restoration of the environment
resulting from the statutory violation, provided that
the defendant places those other assets under the
control of the court.
‘‘(2) That the defendant has made full restitu-
tion, including the removal and remediation of the
environmental pollution or damage and restoration
of the environment.
‘‘(c) PROCEDURES.—Any proceeding under this sec-
tion is governed by the Federal Rules of Criminal Proce-
dure.
‘‘(d) PROPERTY DEFINED.—For the purposes of this
section, ‘property’ shall include—
‘‘(1) real property, including things growing on,
affixed to, and found in land; and
‘‘(2) tangible and intangible personal property,
including money, rights, privileges, interests, claims,
and securities.
‘‘(e) EXPIRATION OF ORDER.—The court may amend
an order issued pursuant to this section at any time. In
no event, however, shall the order extend beyond sentenc-
ing, in the case of a conviction, or a dismissal or acquittal
of the prosecution.
‘‘(f) ALL WRITS ACT.—Nothing in this section dimin-
ishes the powers of the court otherwise available under
section 1651 of title 28.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 39 of title 18, United States
Code, is amended by adding after the item relating to sec-
tion 838, the following new item—
‘‘839. Prejudgment orders to secure payment for environmental damage.’’.
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