II Calendar No. 59 112th CONGRESS 1st Session S. 350 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.

Short title

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

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 .

May 19, 2011 Reported without amendment