II 

Calendar No. 59 

112TH CONGRESS 

1ST SESSION S. 350 

To require restitution for victims of criminal violations of the Federal Water 

Pollution Control Act, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 15, 2011 

Mr. LEAHY (for himself, Mrs. FEINSTEIN, Mr. MENENDEZ, Mr. SANDERS, 

Mr. REED, Mr. WHITEHOUSE, Mr. FRANKEN, Mrs. GILLIBRAND, and Mr. 

COONS) introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

MAY 19, 2011 

Reported by Mr. LEAHY, without amendment 

A BILL 

To require restitution for victims of criminal violations of 

the Federal Water Pollution Control Act, 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 Enforcement Act of 2011’’. 


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1 SEC. 2. ENVIRONMENTAL CRIMES. 

2 (a) SENTENCING GUIDELINES.— 

3 (1) DIRECTIVE.—Pursuant to its authority 

4 under section 994 of title 28, United States Code, 

5 and in accordance with this subsection, the United 

6 States Sentencing Commission shall review and 

7 amend the Federal Sentencing Guidelines and policy 

8 statements applicable to persons convicted of of9 fenses under the Federal Water Pollution Control 

10 Act (33 U.S.C. 1251 et seq.), in order to reflect the 

11 intent of Congress that penalties for the offenses be 

12 increased in comparison to those provided on the 

13 date of enactment of this Act under the guidelines 

14 and policy statements, and appropriately account for 

15 the actual harm to the public and the environment 

16 from the offenses. 

17 (2) REQUIREMENTS.—In amending the Federal 

18 Sentencing Guidelines and policy statements under 

19 paragraph (1), the United States Sentencing Com20 mission shall— 

21 (A) ensure that the guidelines and policy 

22 statements, including section 2Q1.2 of the Fed23 eral Sentencing Guidelines (and any successor 

24 thereto), reflect— 

25 (i) the serious nature of the offenses 

26 described in paragraph (1); 


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1 (ii) the need for an effective deterrent 

2 and appropriate punishment to prevent the 

3 offenses; and 

4 (iii) the effectiveness of incarceration 

5 in furthering the objectives described in 

6 clauses (i) and (ii); 

7 (B) consider the extent to which the guide8 lines appropriately account for the actual harm 

9 to public and the environment resulting from 

10 the offenses; 

11 (C) ensure reasonable consistency with 

12 other relevant directives and guidelines and 

13 Federal statutes; 

14 (D) make any necessary conforming 

15 changes to guidelines; and 

16 (E) ensure that the guidelines relating to 

17 offenses under the Federal Water Pollution 

18 Control Act (33 U.S.C. 1251 et seq.) ade19 quately meet the purposes of sentencing, as set 

20 forth in section 3553(a)(2) of title 18, United 

21 States Code. 

22 (b) RESTITUTION.—Section 3663A(c)(1) of title 18, 

23 United States Code, is amended— 

24 (1) in clause (ii), by striking ‘‘or’’ at the end; 


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1 (2) in clause (iii), by striking ‘‘and’’ at the end 

2 and inserting ‘‘or’’; and 

3 (3) by adding at the end the following: 

4 ‘‘(iv) an offense under section 309(c) of 

5 the Federal Water Pollution Control Act (33 

6 U.S.C. 1319(c)); and’’. 


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Calendar No. 59 

112TH CONGRESS 

1ST SESSION S. 350 

A BILL 

To require restitution for victims of criminal violaand for other purposes. tions of the Federal Water Pollution Control Act, 

MAY 19, 2011 

Reported without amendment 


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