II 

Calendar No. 441 

111TH CONGRESS 

2D SESSION S. 3466 

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 

JUNE 9, 2010 

Mr. LEAHY (for himself, Mr. WHITEHOUSE, Mrs. FEINSTEIN, Mr. KAUFMAN, 

Mr. FEINGOLD, Mr. SANDERS, and Ms. KLOBUCHAR) introduced the following bill; which was read twice and referred to the Committee on the 

Judiciary 

JUNE 24, 2010 

Reported by Mr. LEAHY, with an amendment 

[Omit the part struck through and insert the part printed in italic] 

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 2010’’. 


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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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•S 3466 RS

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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•S 3466 RS

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 the Federal Water 

5 Pollution Control Act (33 U.S.C. 1251 et 

6 seq.)section 309(c) of the Federal Water Pollu7 tion Control Act (33 U.S.C. 1319(c)); and’’. 


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Calendar No. 441 

111TH CONGRESS 

2D SESSION S. 3466 

A BILL 

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

JUNE 24, 2010 

Reported with an amendment 


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