[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 355 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 355

 To amend the Environmental Programs Assistance Act of 1984 to provide 
 that for purposes of liability for damage, injury or death caused by 
the negligence or wrongful acts or omissions of individuals authorized 
by such Act, the United States is liable, and for purposes of access to 
 trade secrets and confidential business information such individuals 
   are authorized representatives of the United States Environmental 
                           Protection Agency.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             February 16 (legislative day, January 5), 1993

 Mr. Grassley introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
 To amend the Environmental Programs Assistance Act of 1984 to provide 
 that for purposes of liability for damage, injury or death caused by 
the negligence or wrongful acts or omissions of individuals authorized 
by such Act, the United States is liable, and for purposes of access to 
 trade secrets and confidential business information such individuals 
   are authorized representatives of the United States Environmental 
                           Protection Agency.

    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 Programs Assistance 
Act of 1984 Amendments of 1993''.

SEC. 2. AMENDMENTS TO THE ENVIRONMENTAL PROGRAMS ASSISTANCE ACT.

    (a) In General.--Section 2 of the Environmental Program Assistance 
Act of 1984 (42 U.S.C. 4368a) is amended by adding at the end the 
following new subsection:
    ``(d) Notwithstanding any other provision of law, any individual 
whose talents are authorized by subsection (a) to be used in connection 
with the programs administered by the Administrator of the 
Environmental Protection Agency shall have the same access as Federal 
employees have to, and shall be subject to the same penalties as 
Federal employees are subject to for unauthorized disclosure of, trade 
secrets and confidential business information--
            ``(1) submitted in connection with--
                    ``(A) the Solid Waste Disposal Act (42 U.S.C. 6901 
                et seq.);
                    ``(B) the Comprehensive Environmental Response, 
                Compensation, and Liability Act of 1980 (42 U.S.C. 9601 
                et seq.);
                    ``(C) the Federal Water Pollution Control Act (33 
                U.S.C. 1251 et seq.);
                    ``(D) the Clean Air Act (42 U.S.C. 7401 et seq.);
                    ``(E) the Public Health Service Act (42 U.S.C. 201 
                et seq.), including section 1445(d) of such Act (42 
                U.S.C. 300j-4(d));
                    ``(F) the Federal Insecticide, Fungicide, and 
                Rodenticide Act (7 U.S.C. 136 et seq.);
                    ``(G) the Toxic Substances Control Act (15 U.S.C. 
                2601 et seq.);
                    ``(H) the Noise Control Act of 1972 (42 U.S.C. 4901 
                et seq.), including section 13(b) of such Act (42 
                U.S.C. 4912(b));
                    ``(I) section 408(f) of the Federal Food, Drug, and 
                Cosmetic Act (21 U.S.C. 346a(f)); or
                    ``(J) the Emergency Planning and Community Right-
                To-Know Act of 1986 (42 U.S.C. 11001 et seq.);
            ``(2) submitted pursuant to any contract or other agreement 
        with the United States; or
            ``(3) otherwise obtained by an officer or employee of the 
        Environmental Protection Agency under any authority.
    (b) Applicability of Ethics and Conflict of Interest Provisions 
Under Title 18, United States Code.--Section 2 of such Act (42 U.S.C. 
4368a), as amended by subsection (a), is further amended by adding at 
the end the following new subsection:
    ``(e) Any individual whose talents are authorized by subsection (a) 
to be used in connection with the programs administered by the 
Administrator of the Environmental Protection Agency shall be subject 
to the requirements of sections 201 through 209 of title 18, United 
States Code (relating to ethics and conflict of interest).''.
    (c) Trade Secrets and Confidential Business Information Defined.--
Section 2 of such Act (42 U.S.C. 4368a), as amended by subsection (b), 
is further amended by adding at the end the following new subsection:
    ``(f) For purposes of this section, the term `trade secrets and 
confidential business information' includes all information prohibited 
from disclosure by section 1905 of title 18, United States Code 
(relating to trade secrets), or by any other law referred to in this 
section.''.

SEC. 3. SUNSET PROVISION.

    The amendment made by section 2(a) shall be effective during the 2-
year period beginning on the date of enactment of this Act.

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