II 

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, and Mr. FRANKEN) introduced the following bill; which was read twice and referred to the Committee on the 

Judiciary 

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’’. 

6 SEC. 2. ENVIRONMENTAL CRIMES. 

7 (a) SENTENCING GUIDELINES.— 

8 (1) DIRECTIVE.—Pursuant to its authority 

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


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1 and in accordance with this subsection, the United 

2 States Sentencing Commission shall review and 

3 amend the Federal Sentencing Guidelines and policy 

4 statements applicable to persons convicted of of5 fenses under the Federal Water Pollution Control 

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

7 intent of Congress that penalties for the offenses be 

8 increased in comparison to those provided on the 

9 date of enactment of this Act under the guidelines 

10 and policy statements, and appropriately account for 

11 the actual harm to the public and the environment 

12 from the offenses. 

13 (2) REQUIREMENTS.—In amending the Federal 

14 Sentencing Guidelines and policy statements under 

15 paragraph (1), the United States Sentencing Com16 mission shall— 

17 (A) ensure that the guidelines and policy 

18 statements, including section 2Q1.2 of the Fed19 eral Sentencing Guidelines (and any successor 

20 thereto), reflect— 

21 (i) the serious nature of the offenses 

22 described in paragraph (1); 

23 (ii) the need for an effective deterrent 

24 and appropriate punishment to prevent the 

25 offenses; and 


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1 (iii) the effectiveness of incarceration 

2 in furthering the objectives described in 

3 clauses (i) and (ii); 

4 (B) consider the extent to which the guide5 lines appropriately account for the actual harm 

6 to public and the environment resulting from 

7 the offenses; 

8 (C) ensure reasonable consistency with 

9 other relevant directives and guidelines and 

10 Federal statutes; 

11 (D) make any necessary conforming 

12 changes to guidelines; and 

13 (E) ensure that the guidelines relating to 

14 offenses under the Federal Water Pollution 

15 Control Act (33 U.S.C. 1251 et seq.) ade16 quately meet the purposes of sentencing, as set 

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

18 States Code. 

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

20 United States Code, is amended— 

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

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

23 and inserting ‘‘or’’; and 

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


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

2 the Federal Water Pollution Control Act (33 

3 U.S.C. 1319(c)); and’’. 

Æ 


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