[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5270 Introduced in House (IH)]

103d CONGRESS
  2d Session
                               H. R. 5270

 Entitled the ``Farm Viability and Pest Management Improvement Act of 
                                1994''.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 7, 1994

 Ms. McKinney (for herself, Mr. Brown of California, Mr. Dellums, Mr. 
Farr of California, Mr. Frank of Massachuetts, Mr. Hinchey, Mr. Johnson 
    of Georgia, Mr. Lewis of Georgia, Mr. Nadler, Mr. Rose, and Ms. 
   Shepard) introduced the following bill; which was referred to the 
                        Committee on Agriculture

                                 A BILL


 
 Entitled the ``Farm Viability and Pest Management Improvement Act of 
                                1994''.

    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 ``Farm Viability and Pest Management 
Improvement Act of 1994: A National Program for Pesticide Reduction''.

SEC. 2. FINDINGS.

    The Congress finds as follows:
            (1) As documented by numerous reports by the National 
        Academy of Sciences, Office of Technology Assessment, General 
        Accounting Office and others including, Alternative 
        Agriculture, Soil and Water Quality: An Agenda for Agriculture, 
        Pesticides in the Diets of Infants and Children, Pesticide 
        Resistance: Strategies and Tactics for Management, 
        Neurotoxicity: Identifying and Controlling Poisons of the 
        Nervous System, and Sustainable Agriculture: Program 
        Management, Accomplishments, and Opportunities, current 
        regulatory approaches are insufficient to prevent pesticide-
        related pollution or to quantify all risks associated with 
        routine pesticide use including worker exposure, residues in 
        food, wildlife impacts, ground and surface water contamination, 
        disruption of biological processes, and increased pest 
        resistance.
            (2) As documented in the Office of Technology Assessment 
        report, Beneath the Bottom Line: Agricultural Approaches to 
        Reduce Agricultural Contamination of Groundwater and the 
        National Academy of Sciences report, Soil and Water Quality: An 
        Agency for Agriculture, a pollution prevention strategy is 
        effective for addressing pesticide-related pollution. Reducing 
        pesticides at their source should be the fundamental approach 
        for pollution presentation in farming and other pest management 
        systems. A pesticide reduction strategy as specified in this 
        section will provide significant improvements in public health 
        an environmental protection.
            (3) As documented by the National Academy of Sciences 
        report, Alternative Agriculture, pesticide reduction can be 
        achieved through widespread adoption of integrated pest 
        management and other practices and systems for agricultural 
        sustainability. Such practices can lower costs for farmers and 
        pest managers and in many cases increase quality, productivity, 
        and yields.

SEC. 3. CONGRESSIONAL PURPOSES.

    The purpose of this Act is to foster a substantial reduction in 
pesticide use, and thereby reduce the public health and environmental 
risks of the present level of usage, while maintaining agricultural 
productivity and an affordable food supply. It is the intent of 
Congress that this Act be interpreted taking into account its text, the 
pertinent Committee Reports, and other legislative history.

SEC. 4. DEFINITION OF INTEGRATED PEST MANAGEMENT.

    Section 2 of the Federal Insecticide, Fungicide, and Rodenticide 
Act (7 U.S.C. 136) is amended by adding at the end the following 
subsection:
    ``(hh) Integrated Pest Management Systems.--The term `integrated 
pest management systems' means the use and integration of various pest 
control tactics in the environment of a pest in a manner that--
            ``(1) complements and facilitates biological and other 
        natural controls of the pest;
            ``(2) reduces the use of chemical pesticides;
            ``(3) relies primarily on the use of nonchemical pest 
        management methods, with chemical pesticides being used only as 
        a last resort;
            ``(4) reduces injuries to the public health and 
        environment; and
            ``(5) is economically feasible, considering both private 
        and public costs.''.

SEC. 5. PESTICIDE USE REDUCTION PROGRAM.

    (a) The Federal Insecticide, Fungicide, and Rodenticide Act is 
amended--
            (1) by redesignating sections 29, 30, and 31 (7 U.S.C. 
        136w-4, 136x, and 136y) as sections 30, 31, and 32, 
        respectively; and
            (2) by inserting after section 28 the following new 
        section:

``SEC. 29. PESTICIDE REDUCTION COUNCILS.

    ``(a) Regional Pesticide Reduction Councils.--
            ``(1) Establishment.--Not later than 6 months after the 
        date of the enactment of this section, the Administrator, in 
        consultation with the Secretary, shall establish a pesticide 
        reduction council in each region of the Environmental 
        Protection Agency.
            ``(2) Membership.--The Administrator shall appoint members 
        to each regional council who equally represent relevant Federal 
        and State agencies, farmers, farm workers, university research 
        and extension, nonprofit organizations, the private sector, 
        regional institutions, and environmental and consumer 
        organizations who are experts in the research, practice, and 
        policy relevant to integrated pest management.
            ``(3) Duties.--Each regional council shall, within 6 months 
        after establishment--
                    ``(A) identify the most effective integrated pest 
                management systems as defined in section 3 for 
                individual cropping systems that have been demonstrated 
                by farmers to--
                            ``(i) use substantially less than the 
                        average volume of pesticides for the cropping 
                        system in the region;
                            ``(ii) be practical and profitable for the 
                        production of the crop within the region;
                            ``(iii) decrease pesticide hazards to 
                        workers, consumers, and the environment; and
                            ``(iv) make optimum use of cultural and 
                        biological control practices to avoid buildup 
                        of pest populations feasible in the region;
                    ``(B) within 6 months from the date of the 
                enactment of this Act, establish measurable 
                quantitative goals for the most technically feasible 
                and ecologically protective pesticide use reduction for 
                individual cropping systems in the region utilizing the 
                IPM systems identified in section 29(a)(3)(A); the 
                goals shall be designed to bring prevailing patterns of 
                pesticide usage into conformance with most effective 
                integrated pest management systems;
                    ``(C) develop a regionwide plan for achieving the 
                regional pesticide reduction goals established in 
                section 29(a)(3)(B) including recommendations for the 
                roles of Federal and State institutions and programs, 
                as well as for farmer-to-farmer demonstration programs;
                    ``(D) identify research and technology transfer 
                needs specific to each cropping system and region and 
                recommend research and technology transfer priorities 
                to the Secretary and Administrator; and
                    ``(E) identify government and industry policies and 
                practices that impede adoption of integrated pest 
                management systems and recommend policy changes to the 
                Secretary and Administrator to ensure such adoption.
    ``(b) Administrator's and Secretary's Duties.--The Administrator 
and Secretary, in consultation with the pesticide reduction councils, 
shall--
            ``(1) assess and approve the integrated pest management 
        systems and pesticide reduction plans and goals identified and 
        established by the regional reduction councils;
            ``(2) develop and implement programs to assist farmers in 
        adopting integrated pest management systems;
            ``(3) assess regional and national progress toward reducing 
        pesticide usage; and
            ``(4) review and revise regional pesticide reduction goals, 
        if necessary, to achieve such goals.
    ``(c) Review of IPM Systems and Reduction Goals.--Within 15 months 
of enactment of this section, the Administrator, in consultation with 
the Secretary, shall assess and approve of the pesticide reduction 
goals and plans developed by each regional council. The Administrator 
shall evaluate the effectiveness of the integrated pest management 
systems identified by the reduction councils and further evaluate the 
goals and plans taking into consideration pesticide use records and 
other relevant information. If the Administrator determines that 
reduction goals or plan established by a reduction council is 
inadequate to substantially reduce the risks of pesticides within that 
region or that it underestimates the extent of feasible pesticide 
reduction that can occur for that region, the Administrator shall not 
approve the plan. If the goals or plans for any region are not 
approved, each State within the region shall be denied use of any 
pesticide under section 24c and section 18 of the Federal Insecticide, 
Fungicide, and Rodenticide Act until such time as the plan is 
adequately approved.
    ``(d) Programs To Assist Farmers in Adopting IPM Systems.--Not 
later than 18 months after the date of the enactment of this section, 
the Secretary, in consultation with the Administrator and regional 
reduction councils, shall develop and implement programs, based on the 
plans developed by the reduction councils pursuant to section 
29(a)(3)(C), to assist farmers in adopting integrated pest management 
systems and meeting regional reduction goals including farmer-to-farmer 
demonstrations of effective IPM systems as identified in section 
29(a)(3)(A).
    ``(e) Assessment of Progress.--
            ``(1) Baseline.--The Administrator shall measure annual 
        progress toward meeting the regional reduction goals. The goals 
        shall be measured against an averaged baseline reflecting 
        pesticide applications in the 3 years immediately prior to the 
        approval of the regional pesticide reduction plans discussed in 
        section 29(a)(3)(C). The baseline shall be derived from surveys 
        of pesticide usage records for that region and other 
        information.
            ``(2) Mid-term evaluation.--Within 3 years of enactment of 
        this Act, the Administrator shall assess progress toward 
        achievement of the pesticide reduction goals in each region. If 
        the Administrator determines that adequate progress toward a 
        regional goal or the overall purposes of the Act has not been 
        made, the Secretary shall, within 1 year thereafter, identify 
        the barriers to further reductions in the region and develop 
        and implement a plan to overcome these barriers, taking into 
        account the recommendations made by the reduction councils in 
        subparagraphs (D) and (E) of section 29(a)(3).
            ``(3) Enforcement.--If, within 6 years of the date of the 
        enactment of this Act, the Administrator determines, taking 
        into account extenuating circumstances, such as extreme weather 
        conditions, that the goal or overall purposes of the Act have 
        not been met within a region, the Administrator shall, after 
        consultation with the Secretary, reduce or restrict the use of 
        any pesticide deemed to contribute significant risk to human 
        health and the environment or amend the label of such a 
        pesticide, as may be necessary to achieve the regional 
        reduction goals.
            ``(4) Review and revision of goals.--The Administrator, in 
        consultation with the Secretary, shall revise regional 
        reduction goals in order to achieve additional reductions in 
        pesticide usage if the Administrator determines that additional 
        reductions are--
                    ``(A) necessary to the protection of public health 
                or the environment; or
                    ``(B) practical and feasible as a result of 
                improvements in pest management systems and 
                technologies.
    ``(f) Fee Incentive.--Each registrant shall pay to the Secretary an 
assessment equal to \2/10\ of 1 percent of the sales value of any 
registered pesticide. A registrant is not required to pay an assessment 
for pesticides registered and labeled for use in further manufacturing 
or formulating of pesticide products. The proceeds of such assessment 
shall be used for demonstration and extension activities incurred under 
subsection (d) of this section.
    ``(g) Nonagricultural Pesticide Reduction.--
            ``(1) Public education.--Not later than 1 year after the 
        date of the enactment of this section, the Administrator shall 
        publish, and make available to the public, educational 
        materials concerning integrated pest management systems for 
        building and landscape pests. The materials shall include 
        information on integrated pest management, pest identification, 
        threshold identification, least toxic treatment options and 
        timing, evaluation procedures, and other relevant information.
            ``(2) Pesticide reduction plan.--Not later than 1 year 
        after the date of the enactment of this section, the 
        Administrator shall establish a program to set quantitative 
        goals for reducing or eliminating, to the extent practicable, 
        the use of nonagricultural pesticides and to carry out plans to 
        achieve such goals within 6 years. Highest priority shall be 
        given to reducing the use of insecticides, fungicides, and 
        herbicides used to control building and landscape pests.
    ``(h) Pesticide Use by Federal Agencies.--Each agency (as defined 
in section 551(1) of title 5, United States Code, shall establish 
pesticide reduction goals and develop and implement integrated pest 
management systems to achieve the goals. Such goals shall apply, at 
least, to any Federal contract, grant, or cooperative agreement entered 
into by such agency.
    ``(i) Progress Reports.--The Administrator shall publish and 
disseminate an annual assessment of progress in advancing adoption of 
most effective integrated pest management systems and achieving the 
overall purposes of this section.''.
    (b) Subsection (c) of section 11 of the Federal Insecticide, 
Fungicide, and Rodenticide Act (7 U.S.C. 136i) is amended to read as 
follows:
    ``(c) Instruction in Integrated Pest Management Techniques.--
Standards prescribed by the Administrator for the certification of 
applicators of pesticides under subsection (a), and State plans 
submitted to the Administrator under subsections (a) and (b), shall 
include provisions requiring that individuals receive comprehensive 
instruction in integrated pest management techniques, including field 
experience, and be shown to be competent with respect to the use of the 
techniques.''.

SEC. 6. FEDERAL GOVERNMENT FOOD PURCHASES.

    (a) Determination of Percentage of Organically Produced Food.--Not 
later than 1 year after the date of the enactment of this section, and 
annually thereafter, the Secretary of Agriculture shall determine the 
percentage of food purchases throughout the United States that are 
organically produced as defined in the Food, Agriculture and 
Conservation Trade Act (7 U.S.C. 6502(14)).
    (b) Goals.--
            (1) 3-year goal.--Not later than 3 years after the date of 
        the enactment of this section, each agency (as defined in 
        section 551(1) of title 5, United States Code) shall develop a 
        procurement plan that ensures that the percentage of the 
        agency's purchases of organically produced food meets or 
        exceeds the percentage determined under subsection (a).
            (2) 6-year goal.--Not later than 6 years after the date of 
        the enactment of this section, each agency shall ensure that 
        the percentage of the agency's purchases of organically 
        produced food meets or exceeds twice the percentage determined 
        under subsection (a).

SEC. 7. PESTICIDE RECORDKEEPING AND REPORTING.

    (a) In General.--The Federal Insecticide, Fungicide, and 
Rodenticide Act is amended by inserting after section 8 (7 U.S.C. 136f) 
the following new section:

``SEC. 8a. PESTICIDE USE RECORDKEEPING AND REPORTING.

    ``(a) Requirements.--
            ``(1) In general.--The Secretary of Agriculture and the 
        Administrator shall establish a national pesticide use 
        recordkeeping and reporting system for agricultural and 
        nonagricultural applications.
            ``(2) Persons required to keep records.--The following 
        persons shall maintain records of pesticide use:
                    ``(A) Any person who uses a pesticide for a 
                commercial agricultural use.
                    ``(B) Any person certified to apply a pesticide 
                classified as a restricted use pesticide under section 
                3(d)(1)(C).
                    ``(C) Any person engaged for hire in the business 
                of pest control.
            ``(3) Information.--The records required under this section 
        shall include the product name, target pest, crop, or site 
        being treated, including total acreage or units treated, amount 
        applied, date and time of application, and the location of 
        application of each pesticide used. Records shall be maintained 
        using a standard form as specified by the Secretary.
            ``(4) Additional records.--The Administrator shall 
        establish such additional recordkeeping requirements as 
        necessary to evaluate adoption of nonchemical pest management 
        methods and changes in pesticide usage patterns.
            ``(5) Copy of records from applicator to principal.--Within 
        7 days of a pesticide application, an applicator shall provide 
        a copy of records maintained under paragraph (1) to the person 
        for whom such application was provided.
            ``(6) Retention of records.--Records required pursuant to 
        this section shall be retained for a period of at least 3 years 
        following the application of a pesticide.
            ``(7) Copy of records from applicator to secretary and 
        administrator.--Every 6 months, a person subject to the 
        recordkeeping requirements of this section shall report the 
        pesticide use of the person by providing copies of the records 
        maintained under paragraphs (3) and (4) to the Secretary and 
        the Administrator. An exception shall be made for a person who 
        meets the definition of paragraph (2) and resides in a State 
        that operates a comparable pesticide use recordkeeping and 
        reporting system as determined by the Secretary. Such a person 
        shall submit records in accordance with the State program.
            ``(8) Copy of records from secretary and administrator to 
        states.--Not later than 3 months after receipt of the records, 
        on the request of a State, the Secretary and the Administrator 
        shall provide to the State copies of the records received under 
        paragraph (7).
            ``(9) Copy of records from states to secretary and 
        administrator.--The Secretary and Administrator shall identify 
        those States with pesticide recordkeeping and use reporting 
        systems comparable to the national program established by this 
        Act. Every 6 months, such States shall be required to submit 
        individual pesticide records to the Administrator and 
        Secretary.
    ``(b) Public Access.--
            ``(1) In general.--A record submitted to the Secretary and 
        the Administrator under subsection (a)(7) shall be available to 
        the public during normal working hours at a location designated 
        by the Secretary and the Administrator, except that an employee 
        of a Federal agency may not disclose the identity of an 
        individual grower.
            ``(2) Database.--Not later than 1 year after the date of 
        enactment of this section, the Administrator shall establish 
        and maintain in a computer database a national pesticide use 
        inventory based on data submitted under subsection (a)(7). The 
        Administrator shall make the data accessible by computer 
        telecommunication and other means to any interested person or 
        organization.
    ``(c) Health Care Personnel.--
            ``(1) In general.--If a health professional determines that 
        pesticide information maintained under this section is 
        necessary to provide medical treatment or first aid to an 
        individual who may have been exposed to the pesticides for 
        which the information is maintained, on request, a person 
        required to maintain records under subsection (a) shall 
        promptly provide the record and available label information to 
        the health professional.
            ``(2) Emergencies.--In the case of an emergency, the record 
        information shall be provided immediately or within 24 hours.
    ``(d) Enforcement and Penalties.--The Secretary, in consultation 
with the Administrator, shall be responsible for enforcement of 
subsections (a), (b), and (c). A person who violates any such 
subsection during a crop year shall--
            ``(1) in the case of the first offense, be subject to a 
        fine of not less than $1,000;
            ``(2) in the case of the second offense, be subject to a 
        fine of not less than $5,000; and
            ``(3) in the case of the third offense, be subject to a 
        fine of not less than $20,000.
    ``(e) Pilot Project.--
            ``(1) In general.--Not later than 90 days after the date of 
        enactment of this section, the Secretary and the Administrator 
        shall establish a pilot project to assess the feasibility of 
        having pesticide users subject to the reporting requirements of 
        this section submit such records using electronic or telephonic 
        means.
            ``(2) Report.--Not later than 270 days after the date of 
        enactment of this subsection, the Secretary and the 
        Administrator shall report to the Congress on the findings of 
        the study and make recommendations regarding widespread 
        implementation of electronic or telephonic submission of 
        pesticide use reports.
    ``(f) Surveys and Reports.--
            ``(1) In general.--The Secretary and the Administrator 
        shall utilize the data submitted under subsection (a) to assess 
        progress made towards achieving the national pesticide 
        reduction goals of section 29 and in preparing the progress 
        reports to Congress required under section 29(h). Within 3 
        years of enactment and annually thereafter, the Secretary and 
        Administrator shall submit a report to Congress assessing 
        compliance with this provision of the Act including the 
        percentage of growers in compliance and the number of 
        enforcement actions taken.
            ``(2) Memorandum of understanding.--The Secretary and the 
        Administrator shall enter a memorandum of understanding that 
        defines the respective responsibilities of the Secretary and 
        the Administrator under this section in order to avoid 
        duplication of efforts.
    ``(g) Regulations.--Not later than 180 days after the date of the 
enactment of this section, the Secretary and the Administrator shall 
issue such regulations under their respective authority, as are 
necessary to carry out their respective duties under this section.''.
    (b) Conforming Amendments.--
            (1) Section 11 of the Federal Insecticide, Rodenticide and 
        Fungicide Act (7 U.S.C. 1361) is amended--
                    (A) by striking subsection (d); and
                    (B) by redesignating subsection (e) as subsection 
                (d).
            (2) Section 1491 of the Food, Agriculture, Conservation, 
        and Trade Act of 1990 (7 U.S.C. 136i-1) is repealed.

SEC. 8. AGRICULTURE RESEARCH.

    Section 20 of the Federal Insecticide, Fungicide and Rodenticide 
Act (7 U.S.C. 136r) is amended by redesignating subsections (b) and (c) 
as subsections (c) and (d) and by adding a new subsection (b) to read 
as follows:
    ``(b)(1) Agricultural Research Service and Cooperative Extension 
Service.--No later than 6 months from the date of enactment of this 
section, the Secretary of Agriculture shall ensure that the predominant 
goal of all pest and weed management research and extension activities 
conducted within Agricultural Research Service and the Cooperative 
Extension Service, respectively, is development of and transfer of 
technology related to integrated pest management systems that reduce 
the use of or reliance on pesticides and are otherwise consistent with 
the goals of this Act and the purposes and principles set forth in 
sections 5801 and 5901 of title 7, United States Code.
    ``(2) Report to Congress.--Within 2 years of enactment of this 
section and biannually thereafter, the Secretary of Agriculture shall 
report to Congress the progress of the Agricultural Research Service 
and Cooperative Extension Service in developing and transferring 
technology related to integrated pest management systems that reduce 
the use of or reliance on pesticides and otherwise meet the goals of 
this Act.''.

SEC. 9. GRANTS.

    Section 2 of the Act entitled ``An Act to facilitate the work of 
the Department of Agriculture, and for other purposes'' (7 U.S.C. 450i) 
is amended by adding at the end the following:
    ``(n) Competitive Grants.--
            ``(1) National research initiative.--Within 6 months of 
        enactment of this section, the Secretary of Agriculture shall 
        ensure that the goal of pest management research conducted by 
        the National Research Initiative in the areas of plant systems 
        and natural resources and environment is development of 
        biological, cultural and other nonchemical methods of pest 
        control that reduce the use of or reliance on pesticides and 
        are compatible with the goals of this Act and the development 
        of systems of sustainable agriculture.
            ``(2) Integrated pest management systems defined.--For the 
        purposes of this section, the term `integrated pest management 
        systems' shall have the same meaning as that term is defined in 
        section 2(hh) of the Federal Insecticide, Fungicide and 
        Rodenticide Act.
            ``(3) Regulations and comment.--Not later than 1 year from 
        the date of enactment of this section, the Secretary of 
        Agriculture shall adopt regulations establishing priorities and 
        resource allocations for competitive grants research in 
        Integrated Pest Management systems.
            ``(4) Review process.--Not later than 1 year from the date 
        of enactment of this section, the Secretary shall establish a 
        2-tier review process for competitive grants to support 
        integrated pest management projects. The first tier shall be a 
        scientific review. The second tier shall be by an external 
        review panel consisting of at least one member of each of the 
        regional pesticide reduction councils, a farmer involved in 
        onfarm and educational outreach, a social scientist with 
        expertise in technology assessment and the structure of 
        agriculture, and a representative of a nonprofit organization 
        involved in agricultural research or research policy with 
        expertise in assessing the social and environmental effects of 
        farming systems. The review panel shall assess annually the 
        progress of the competitive grants programs in developing 
        integrated pest management systems that reduce the use of or 
        reliance on pesticides and otherwise meet the goals of this Act 
        and the Food, Agriculture, Conservation, and Trade Act of 1990.
            ``(5) Cost-share assistance for ipm.--Not later than 3 
        years from enactment of this section, the Secretary shall 
        ensure that no less than 10 percent of Agricultural 
        Conservation Program funding shall be made available for the 
        Integrated Crop Management program. The Secretary shall also 
        ensure that the Integrated Crop Management program is available 
        in every county and State and that the Cooperative Extension 
        Service provides the support needed for its agents to be 
        involved in developing and reviewing Integrated Crop Management 
        cost-share assistance requests.''.
HR 5270 IH----2