legislation: 102-hr-5305
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
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| 102-hr-5305 | 102 | hr | 5305 | Environmental Crimes Act of 1992 | Crime and Law Enforcement | 1992-06-02 | 1992-06-11 | Subcommittee Hearings Held. | House | Rep. Schumer, Charles E. [D-NY-10] | NY | D | S000148 | 0 | Environmental Crimes Act of 1992 - Amends the Federal criminal code to set penalties for the commission of an environmental offense in which another person is knowingly placed in imminent danger of death or serious bodily injury. Establishes a maximum fine for a first offense by an organization and a maximum punishment for second and subsequent offenses. Sets forth criteria for determining whether a defendant who is an individual knew that his conduct placed another person in such imminent danger. Makes it an affirmative defense that the conduct charged was consented to by the person endangered and that the danger and conduct charged were reasonably foreseeable hazards of an occupation, business, or profession, or medical treatment or medical or scientific experimentation, subject to specified limitations. Directs the court to order, as an additional penalty for such offense, that no Federal agency may enter into any contract with, or make any loan or grant to, a person who has been convicted of that offense, for the procurement of goods or services if such contract is to be performed at, or such grant or loan pertains to, any facility at which the violation giving rise to such conviction occurred and such facilty is owned, leased, or supervised by such person. Specifies that the prohibition of such order shall continue until the Administrator of the Environmental Protection Agency certifies that the condition giving rise to such conviction has been corrected. Requires the Administrator to establish procedures to provide all Federal agencies with the notification necessary to carry out such provision. Authorizes the President to exempt any contract, loan, or grant from the application of all or any part of such provision if necessary in the paramount interest of the United States, subject to a congressional notification requirement. Authorizes the Administrator to enter into cooperative agreements with States or Indian tribes to delegate authority under this Act. Authorizes the Attorney General to: (1) pay a reward of up to $10,000 to any person who furnishes information or services that lead to a conviction for specified environmental crimes; and (2) prescribe additional criteria for eligibility for such awards. Makes an officer or employee of the United States or of a State or local government who furnishes information or renders services in the performance of official duty ineligible for such payment. Directs the court to sentence an organization that is convicted of specified environmental crimes to probation. Makes it a condition of such probation that the organization shall pay for an environmental compliance audit. Authorizes the court, upon motion by the attorney for the Government, to waive such requirement if the organization can prove that, before the offense took place, the organization had implemented an effective program to prevent and detect violations of environmental law which satisfy specified requirements and the offense occurred despite such program. Establishes a presumption in favor of requiring such audit. Directs the court to appoint an independent expert who has no prior involvement in the management of the organization and has demonstrated abilities to conduct such an audit. Sets forth provisions regarding: (1) suggested experts (by the parties); (2) the scope of the audit; (3) reporting requirements; (4) review of the audit report; (5) court-ordered implementation; (6) review and enforcement of compliance; (7) length of term of probation; and (8) criminal liabilty for violation of environmental law (only for failure to cooperate fully with the audit or to implement the order of the court). | 2025-08-26T15:14:21Z |