[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 350 Introduced in Senate (IS)]

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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Environmental Crimes Enforcement Act 
of 2011''.

SEC. 2. ENVIRONMENTAL CRIMES.

    (a) Sentencing Guidelines.--
            (1) Directive.--Pursuant to its authority under section 994 
        of title 28, United States Code, and in accordance with this 
        subsection, the United States Sentencing Commission shall 
        review and amend the Federal Sentencing Guidelines and policy 
        statements applicable to persons convicted of offenses under 
        the Federal Water Pollution Control Act (33 U.S.C. 1251 et 
        seq.), in order to reflect the intent of Congress that 
        penalties for the offenses be increased in comparison to those 
        provided on the date of enactment of this Act under the 
        guidelines and policy statements, and appropriately account for 
        the actual harm to the public and the environment from the 
        offenses.
            (2) Requirements.--In amending the Federal Sentencing 
        Guidelines and policy statements under paragraph (1), the 
        United States Sentencing Commission shall--
                    (A) ensure that the guidelines and policy 
                statements, including section 2Q1.2 of the Federal 
                Sentencing Guidelines (and any successor thereto), 
                reflect--
                            (i) the serious nature of the offenses 
                        described in paragraph (1);
                            (ii) the need for an effective deterrent 
                        and appropriate punishment to prevent the 
                        offenses; and
                            (iii) the effectiveness of incarceration in 
                        furthering the objectives described in clauses 
                        (i) and (ii);
                    (B) consider the extent to which the guidelines 
                appropriately account for the actual harm to public and 
                the environment resulting from the offenses;
                    (C) ensure reasonable consistency with other 
                relevant directives and guidelines and Federal 
                statutes;
                    (D) make any necessary conforming changes to 
                guidelines; and
                    (E) ensure that the guidelines relating to offenses 
                under the Federal Water Pollution Control Act (33 
                U.S.C. 1251 et seq.) adequately meet the purposes of 
                sentencing, as set forth in section 3553(a)(2) of title 
                18, United States Code.
    (b) Restitution.--Section 3663A(c)(1) of title 18, United States 
Code, is amended--
            (1) in clause (ii), by striking ``or'' at the end;
            (2) in clause (iii), by striking ``and'' at the end and 
        inserting ``or''; and
            (3) by adding at the end the following:
                    ``(iv) an offense under section 309(c) of the 
                Federal Water Pollution Control Act (33 U.S.C. 
                1319(c)); and''.
                                 <all>