Text: S.814 — 102nd Congress (1991-1992)All Information (Except Text)

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Referred in House

 
 
S 814 RFH
102d CONGRESS
2d Session
S. 814
IN THE HOUSE OF REPRESENTATIVES
October 9, 1992
Referred jointly to the Committees Education and Labor and the Judiciary
AN ACT
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 1992'.
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.
Passed the Senate October 7 (legislative day, September 30), 1992.
Attest:
WALTER J. STEWART,
Secretary.

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