Overcriminalized.com Weekly Legislative Action Summary

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■S. 3663: Clean Energy Jobs and Oil Company Accountability Act of 2010



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S. 3663: Clean Energy Jobs and Oil Company Accountability Act of 2010



Sponsor: Reid (D - NV)



Official Title: A bill to promote clean energy jobs and oil company accountability, and for other purposes.



Status:

7/28/2010: Introduced in Senate

7/29/2010: Placed on Senate calendar



Commentary: This bill appears to be a vehicle for a conglomeration of legislation, including S.3434, the Home Star Energy Retrofit Act of 2010, sponsored by Senator Jeff Bingaman (D-NM), and S. 3466, the Environmental Crimes Enforcement Act of 2010, sponsored by Senator Patrick Leahy (D-VT). The provisions of S. 3434 incorporated in this bill would establish a program to encourage the retrofitting of existing homes for increased energy efficiency through the award of rebates for installing specified energy saving measures. The rebates would be paid to the contractors doing the work and passed through to the homeowner as a discount. Any violation of the Act, other than one resulting from a clerical error, or any regulations issued under it would be subject to civil penalties. Fraudulent violations would "be subject to criminal prosecution" and unspecified penalties. A House version of S. 3434 - i.e., H.R. 5019 - does not include the provision for "criminal prosecution." H.R. 5019 was received in the Senate on May 7, 2010, and referred to the Senate Finance Committee, where it remains. Section 3663A of Title 18, U.S. Code, mandates that those convicted of certain crimes pay restitution to the victims of those crimes. The relevant portion of this bill, and S. 3466, would add a wide range of conduct prohibited by the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to the list of crimes for which a court must order restitution as part of the sentence. Because restitution would be mandatory in these instances, federal courts would not have the discretionary authority to decide in any case that it is unwarranted. Under 33 U.S.C § 3319(c), any person who "negligently" or "knowingly" violates a number of provisions of the Clean Water Act can be prosecuted. In addition, any person who "knowingly" violates any of those provisions and "who knows at the time that he thereby places another person in imminent danger of death or serious bodily injury" is subject to increased punishment.