[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2050 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
                                S. 2050

 To amend the Federal Insecticide, Fungicide, and Rodenticide Act, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               April 26 (legislative day, April 11), 1994

    Mr. Leahy (by request) introduced the following bill; which was 
   referred to the Committee on Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
 To amend the Federal Insecticide, Fungicide, and Rodenticide Act, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REFERENCE.

    (a) Short Title.--This Act may be cited as the ``Federal 
Insecticide, Fungicide, and Rodenticide Act Amendments of 1994''.
    (b) Table of Contents.--

Sec. 1. Short title; Table of contents; Reference.
Sec. 2. Registration renewal (``Sunset'').
Sec. 3. Imports and export.
Sec. 4. Cancellation.
Sec. 5. Coordination with the Federal Food, Drug, and Cosmetic Act 
                            (FFDCA).
Sec. 6. Suspension.
Sec. 7. Label call-in.
Sec. 8. Phase-out/phase down.
Sec. 9. Reduced risk pesticides.
Sec. 10. Minor uses.
Sec. 11. Fees.
Sec. 12. Use-by-prescription.
Sec. 13. Judicial review.
Sec. 14. Indemnification.
Sec. 15. Certification and training.
Sec. 16. Pesticide recordkeeping.
Sec. 17. Enforcement.
Sec. 18. ``Whistle Blower'' provision.
    (c) Reference.--Whenever in this Act an amendment or repeal is 
expressed in terms of an amendment to, or repeal of, a section or other 
provision, the reference shall be considered to be made to a section or 
other provision of the Federal Insecticide, Fungicide, and Rodenticide 
Act.

SEC. 2. REGISTRATION RENEWAL (``SUNSET'').

    Section 3 of the Federal Insecticide, Fungicide, and Rodenticide 
Act (7 U.S.C. 136a) is amended by adding at the end the following:
    ``(g) Registration Renewal.--
            ``(1) General rule.--Under the subsection the registrations 
        of pesticides are to be renewed periodically as set out in 
        paragraph (4). The dates for the renewal of a registration of a 
        pesticide are based on dates applicable to the active 
        ingredient of the pesticide as set out in paragraph (2). The 
        date on or after which an application shall be submitted for 
        the renewal of a registration is the reapplication date of the 
        active ingredient as set out in paragraph (3). The initial and 
        subsequent reapplication date of an active ingredient is set 
        out in paragraph (4). The date by which a renewal application 
        is required to be approved is the expiration date of the active 
        ingredient as set out in paragraph (5). The expiration date 
        refers to the date a registration will expire if not renewed 
        and such date is 3 years after the reapplication date of the 
        active ingredient. A registration shall not expire under this 
        section except as provided under paragraph (5) of this 
        subsection.
            ``(2) List of active ingredients.--
                    ``(A) Initial list.--Not later than 180 days after 
                the date of enactment of the Federal Insecticide, 
                Fungicide, and Rodenticide Act Amendments of 1994, the 
                Administrator shall publish in the Federal Register a 
                list of each active ingredient contained in any 
                pesticide currently registered on the date of the 
                publication of such list.
                    ``(B) List revision.--The Administrator shall 
                revise the list to add a new pesticide active 
                ingredient on the date a pesticide is registered under 
                subsection (c) which contains such ingredient. If the 
                expiration date of the active ingredient expires 
                without renewal of the registration of at least one 
                pesticide containing such active ingredient, the 
                Administrator shall remove the active ingredient from 
                the list. The Administrator shall annually publish such 
                list to include each revision made under this 
                subparagraph.
                    ``(C) List content.--The list published by the 
                Administrator under this paragraph shall state the 
                name, reapplication date, and the expiration date of 
                each active ingredient contained in the list.
                    ``(D) Publication groups.--Active ingredients 
                listed under this paragraph shall be grouped as 
                follows: An active ingredient shall be classified--
                            ``(i) in group 1 if the active ingredient 
                        was first contained in a pesticide initially 
                        registered before November 1, 1984,
                            ``(ii) in group 2 if the active ingredient 
                        was first contained in a pesticide initially 
                        registered after October 31, 1984, but before 
                        the date of enactment of the Federal 
                        Insecticide, Fungicide, and Rodenticide Act 
                        Amendments of 1994, or
                            ``(iii) in group 3 if the active ingredient 
                        was first contained in a pesticide initially 
                        registered after such date of enactment.
            ``(3) Reapplication date.--The initial reapplication date 
        of an active ingredient--
                    ``(A) in group 1, shall be a date established by 
                the Administrator 12-14 years after the issuance of a 
                reregistration eligibility decision document for the 
                active ingredient under section 4(g)(2),
                    ``(B) in group 2, shall be a date established by 
                the Administrator 10-13 years after the enactment of 
                the Federal Insecticide, Fungicide, and Rodenticide Act 
                Amendments of 1994, and
                    ``(C) in group 3 shall be 12 years after the date 
                of initial registration of a product containing the 
                active ingredient.
        Subsequent reapplication dates for each active ingredient shall 
        be 12 years after the preceding expiration date of such active 
        ingredient.
            ``(4) Renewal.--
                    ``(A) Procedure for renewal.--All registrants shall 
                comply with guidelines published by the Administrator 
                specifying the information required for renewal of 
                registration that are in effect 4 years prior to the 
                reapplication date for each active ingredient in the 
                registrant's product. Such guidelines shall provide 
                registrants with information sufficient to determine 
                each scientific study that must be submitted for 
                renewal of registration.
                    ``(B) Data submission, compensation, and 
                exemption.--For purposes of this subsection, the 
                provisions of subsection (c)(1) and (c)(2)(D) shall be 
                applicable to the requirements for renewal of a 
                registration of a pesticide.
                    ``(C) Standard.--The Administrator shall renew the 
                registration of a pesticide if the Administrator 
                determines that (i) the registrant has submitted an 
                application for renewal of registration no later than 
                the date set forth in paragraph (3) of this subsection; 
                (ii) the registrant has submitted all required 
                information as specified by the guidelines published 
                pursuant to subparagraph (A) and any written 
                communications from the Administrator to the registrant 
                regarding the application of such guidelines; and (iii) 
                the active ingredient meets the requirements of 
                subsection (c)(5) of this section.
                    ``(D) Notification.--The Administrator shall 
                endeavor to review applications as expeditiously as 
                practicable, and shall notify the registrant promptly 
                of any deficiencies in the application for renewal of 
                registration.
                    ``(E) Effective date of renewal.--The renewal of 
                the registration of a pesticide under this paragraph 
                shall take effect on the day after the expiration date 
                of the previous registration of the pesticide.
                    ``(F) Extension.--If the registrant of a pesticide 
                submits a complete application for the renewal of the 
                registration of a pesticide in accordance with 
                subparagraph (A) and the Administrator does not take 
                final action on such application before the expiration 
                date of such registration, the Administrator shall 
                extend the pesticide's registration for one additional 
                year.
            ``(5) Expiration.--
                    ``(A) Incomplete application.--If the registrant of 
                a pesticide does not submit a complete application to 
                the Administrator, including all required information 
                as specified by the guidelines published pursuant to 
                paragraph (4)(A), on or before the reapplication date 
                of the active ingredient for which registration renewal 
                is required and the Administrator has not after such 
                date renewed the registration, the Administrator shall 
                notify the registrant at least 30 days prior to the 
                expiration date of the registration that the 
                registration shall expire upon the expiration date 
                unless the registrant has requested a hearing before 
                such time. No reapplication shall be deemed incomplete 
                if it complies with the guidelines under paragraph (4). 
                If a hearing is requested, the only matter for 
                resolution at that hearing shall be whether the 
                registrant failed to submit a complete application on 
                or before the reapplication date of the active 
                ingredient. If a hearing is held, a decision after 
                completion of such hearing shall be final. If, after a 
                hearing, the Administrator issues a determination that 
                the application is incomplete, the registration shall 
                expire. Notwithstanding any other provision of this 
                Act, a hearing shall be held and a determination made 
                within 75 days after receipt of a request for such 
                hearing. If a registrant fails to submit a request for 
                a hearing under this subsection, the registration shall 
                expire automatically upon the expiration date and the 
                expiration of the registration shall not be reviewable 
                in any court.
                    ``(B) Insufficient information.--Notwithstanding 
                any other provision of this section, if the 
                Administrator determines that the information submitted 
                for an active ingredient for which registration renewal 
                is required is insufficient to permit the Administrator 
                to evaluate the active ingredient under the 
                requirements of section 3(c)(5), the Administrator 
                shall notify each registrant to which the determination 
                applies at least 30 days prior to the expiration date 
                for such registrations that each registration shall 
                expire upon the expiration date unless the registrant 
                has requested a hearing before such time. If a hearing 
                is requested, the only matter for resolution at that 
                hearing shall be whether the Administrator's 
                determination was reasonable that the information 
                submitted is insufficient to evaluate the active 
                ingredient under section 3(c)(5). If a hearing is held, 
                a decision after completion of such hearing shall be 
                final. If after a hearing, the Administrator issues a 
                determination that the information submitted is 
                insufficient to permit the Administrator to evaluate 
                the active ingredient under the requirements of section 
                3(c)(5), the registration shall expire. Notwithstanding 
                any other provision of this Act, a hearing shall be 
                held and a determination made within 75 days after 
                receipt of a request for such hearing. If a registrant 
                fails to submit a request for a hearing under this 
                subsection, the registration shall expire automatically 
                upon the expiration date and the expiration of the 
                registration shall not be reviewable in any court.
            ``(6) Cancellation.--If the Administrator determines on the 
        basis of a registrant's application or any other information 
        that one or more uses of an active ingredient for which 
        registration renewal is required does not meet the requirements 
        of section 3(c)(5) of this Act, the Administrator shall 
        initiate a proceeding to cancel all registrations containing 
        such active ingredient to which the determination applies under 
        section 6(b) of this Act. Registrations subject to cancellation 
        proceedings shall neither expire nor be renewed pending the 
        completion of cancellation proceedings. If, after completion of 
        cancellation proceedings under section 6(b), the Administrator 
        determines not to cancel a registration, the Administrator 
        shall renew such registration.
            ``(7) Fees.--
                    ``(A) The Administrator is authorized to issue 
                regulations to assess fees from registrants reasonably 
                calculated to cover costs associated with the review of 
                registrations pursuant to this subsection.
                    ``(B) If any fee prescribed by regulations issued 
                pursuant to this paragraph with respect to the 
                registration of a pesticide is not paid by the time 
                prescribed by such regulations, the Administrator, by 
                order and without hearing, may cancel the registration.
            ``(8) Registration renewal fund.--
                    ``(A) Establishment.--There shall be established in 
                the Treasury of the United States a registration 
                renewal fund.
                    ``(B) Source and use.--All fees collected by the 
                Administrator under paragraph (6) shall be deposited 
                into the fund and shall be available to the 
                Administrator, without fiscal year limitation, to carry 
                out the provisions of subsection (g) of this Act.
            ``(9) Existing stocks.--Whenever a pesticide registration 
        expires pursuant to this subsection, the Administrator may 
        issue an order allowing continued distribution, sale or use of 
        existing stock of the expired pesticide subject to such 
        conditions and limitations as the Administrator may specify, 
        provided such distribution, sale or use is consistent with the 
        provisions of the Act.''.

SEC. 3. IMPORTS AND EXPORTS.

    (a) Exports.--Section 17 (7 U.S.C. 136o) is amended to read as 
follows:
    ``(a) Cancellation Notices Furnished to Foreign Governments.--
Whenever a registration or a cancellation or suspension of the 
registration of a pesticide becomes effective, or ceases to be 
effective, the Administrator shall transmit, not later than 180 days 
after the effective date of the action, notification of the action to 
the governments of other countries and to appropriate international 
agencies. The notification shall include information related to the 
cancellation or suspension of the registration of the pesticide and 
information concerning other pesticides that are registered under 
section 3 and other alternatives including Integrated Pest Management, 
that could be used in lieu of the pesticide.
    ``(b) Certain Pesticides Prohibited From Export.--
            ``(1) Pesticides containing active ingredients banned 
        because of adverse effects on human health or the 
        environment.--
                    ``(A) Except as provided in subparagraph (B) or 
                (C), no person may export to a foreign country a 
                pesticide that contains an active ingredient if all or 
                virtually all use of the active ingredient in the 
                United States has been prohibited. An active ingredient 
                is subject to the preceding sentence if any of the 
                following has occurred:
                            ``(i) Registrations of pesticides 
                        containing the active ingredient have been 
                        suspended or canceled by the Administrator.
                            ``(ii) Applications for registration of 
                        pesticides containing the active ingredient 
                        have been denied by the Administrator.
                            ``(iii) Applications for registration of 
                        pesticides containing the active ingredient 
                        have been withdrawn by the registrant 
                        voluntarily.
                            ``(iv) Registrations of the pesticide have 
                        been canceled by the registrant voluntarily.
                            ``(v) Tolerances under section 408 of the 
                        Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
                        346a) for the active ingredient have been 
                        revoked; and, as a result, all or virtually all 
                        volume of the active ingredient may not be used 
                        lawfully in the United States.
                    ``(B) The Administrator shall permit the export of 
                a pesticide subject to the prohibitions of paragraph 
                (A) solely because of actions described in subparagraph 
                A (iii) or (iv), if the Administrator publishes after 
                notice and opportunity for public comment a 
                determination that the Administrator is unaware of any 
                information indicating use of the pesticide could pose 
                a risk of significant adverse effects on public health 
                or the environment.
                    ``(C) The Administrator shall permit the export of 
                a pesticide to a specific importing country if--
                            ``(i) the Administrator finds, after notice 
                        and opportunity for comment, that the pesticide 
                        is not subject to a prohibition of subparagraph 
                        (A) for any reason related to an adverse human 
                        health effect; and
                            ``(ii) the importing country has informed 
                        the Administrator in writing that the country 
                        wishes to import the pesticide and affirms that 
                        the country is aware that all or virtually all 
                        uses of the pesticide are prohibited in the 
                        United States.
                A finding under this subparagraph shall be effective 
                for 1 year, except that the Administrator may renew the 
                finding if the importing country informs the 
                Administrator annually in writing that it wishes to 
                continue to import the pesticide.
                    ``(D) The Administrator shall, after opportunity 
                for comment, establish and keep current a list of 
                pesticide active ingredients which the Administrator 
                determines are described in paragraph (1)(A). The 
                Administrator shall publish such list in the Federal 
                Register initially within six months of the date of 
                enactment of this paragraph and shall publish any 
                additions to or deletions from the list promptly upon 
                the Administrator's determination that the list should 
                be amended.
                    ``(E) The omission of any active ingredient from 
                the list published pursuant to subparagraph (D) that is 
                subject to the restrictions of paragraph (1)(A) shall 
                not limit the authority of the Administrator to 
                initiate enforcement action under this Act with regard 
                to a pesticide containing such active ingredient 
                exported in violation of paragraph (1)(A).
            ``(2) Pesticides subject to objections from importing 
        countries.--
                    ``(A) The Administrator shall, by order, prohibit 
                persons from exporting a pesticide to a foreign country 
                that has informed in writing the Administrator, or an 
                international agency of which the United States is a 
                member, that the country does not wish to import the 
                pesticide and the foreign country certifies that it--
                            ``(i) is not producing and will not produce 
                        the pesticide for use in the country;
                            ``(ii) is not importing and will not import 
                        the pesticide from any other country; and
                            ``(iii) does not wish to import the 
                        pesticide because of concerns of the country 
                        above adverse effects on human health or the 
                        environment.
                    ``(B) The Administrator shall issue an order under 
                subparagraph (A) not later than 30 days after receipt 
                of the certification.
                    ``(C) If the Administrator determines, after notice 
                and opportunity for comment, that a foreign country is 
                not in compliance with a certification provided under 
                subparagraph (A), the Administrator shall promptly 
                withdraw the order issued under subparagraph (A). The 
                withdrawal shall become effective on publication in the 
                Federal Register.
            ``(3) Requirement for a method of residue detection in 
        food.--No person may export a pesticide unless--
                    ``(A) there is a tolerance or an exemption from the 
                requirement of tolerance under paragraph (3) or (4) of 
                section 408(d) of the Federal Food, Drug, and Cosmetic 
                Act (21 U.S.C. 346a(d)) governing residues of each 
                ingredient in the pesticide in at least one food;
                    ``(B) there is a practical method for detecting 
                residues of each ingredient in the pesticide in or on 
                foods and the Administrator has an appropriately 
                certified pesticide reference standard; or
                    ``(C) the Administrator determines that the 
                pesticide is not likely to be used in a manner 
                resulting in pesticide residues in or on imported 
                foods.
            ``(4) Pesticides that have never been registered under 
        section 3.--
                    ``(A) No person may export a pesticide to a foreign 
                country if any ingredient of the pesticide has not been 
                and is not the subject of any registration under 
                section 3, unless the Administrator determines that--
                            ``(i)(I) for each active ingredient, there 
                        is a tolerance greater than zero or an 
                        exemption from the requirement for a tolerance 
                        under paragraph (3) or (4) of section 408(d) of 
                        the Federal Food, Drug, and Cosmetic Act (21 
                        U.S.C. 346a(d)); or
                            ``(II) residues of the pesticide on food 
                        have been permitted or the pesticide has been 
                        approved for use in at least 3 countries that 
                        evaluate pesticides prior to marketing in 
                        accordance with internationally recognized 
                        scientific standards and on the basis of a 
                        competent, independent, scientific review of 
                        public health and environment risks; and
                            ``(ii) the country of import participates 
                        in the United Nations Environment Program-Food 
                        and Agriculture Organization system for 
                        exchange of information on pesticides in 
                        international trade, or has equivalent 
                        provisions in place.
                    ``(B) Any person may petition the Administrator to 
                withdraw the determination under subparagraph (A) that 
                a pesticide may be exported.
            ``(5) Restrictions on the export of small quantities of 
        pesticides for research and development.--Notwithstanding 
        paragraphs (1) and (4), the Administrator may permit the export 
        of a small quantity of a pesticide to a foreign country solely 
        for purposes of research and development, but not test 
        marketing. The Administrator, however, shall not permit the 
        export of such a pesticide if it contains any active ingredient 
        which has been prohibited for all or virtually all uses and for 
        which the Administrator has not made the determination in 
        (1)(B). Export of a pesticide under this subparagraph shall be 
        subject to such quantity limitations, notification, reporting 
        and labeling requirements as are necessary to determine the 
        nature and extent of such research and development activities 
        and to ensure that the pesticide will be used solely for 
        research and development in the country.
    ``(c) Requirement for Foreign Purchaser Acknowledgement 
Statement.--In the case of an unregistered pesticide other than a 
pesticide covered by paragraph (1) of subsection (b), the exporter 
shall obtain from the foreign purchaser a signed statement 
acknowledging that the purchaser understands that the pesticide is not 
registered for use in the United States and cannot be sold in the 
United States under this Act. A copy of the statement shall be 
transmitted to the Administrator and to an appropriate official of the 
importing country.
    ``(d) Information on Alternatives.--The Administrator shall develop 
and update annually a circular describing environmentally preferable 
alternatives and pest management techniques to exported pesticides that 
are not registered under section 3 or registered pesticides that are 
exported pursuant to paragraph (1)(C) of subsection (b) of this 
section. The Administrator shall transmit the circular and the annual 
update of the circular to the governments of other countries and to 
appropriate international organizations.
    ``(e) Pesticides or Devices Intended for Export.--No pesticide or 
device may be exported to a foreign country unless--
            ``(1) the pesticide or device complies with this section 
        and sections 2(p), 2(q), 7, 8, 19(a), and 19(e); and
            ``(2) the label of the pesticide--
                    ``(A) is written in an official language of the 
                country of use; and
                    ``(B) to the extent not in conflict with 
                requirements of the country of use, contains all 
                health, safety, environmental, and other related 
                information required to be included under section 3 on 
                the labeling for the pesticide for use in the United 
                States, if the product is registered under Section 3 of 
                this Act.
    ``(f) Product Stewardship.--
            ``(1) Regulations.--To promote proper product stewardship, 
        the Administrator shall, by regulation, require a person who 
        exports a pesticide from the United States to comply with the 
        product stewardship provisions of the 1993 International Code 
        of Conduct on the Distribution and Use of Pesticides of the 
        Food and Agricultural Organization of the United Nations. The 
        Administrator may amend such regulations to require persons who 
        export pesticides to comply with any amendments to such code as 
        the Administrator deems necessary.
            ``(2) Noncompliance.--If the Administrator determines after 
        providing notice and opportunity for informal hearing that an 
        exporter of pesticides has demonstrated a pattern of 
        noncompliance with a regulation issued under paragraph (1), the 
        Administrator--
                    ``(A) shall publish in the Federal Register the 
                finding of the Administrator with respect to the 
                noncompliance; and
                    ``(B) may prohibit the exporter from exporting 
                pesticides for a period of not more than 180 days 
                unless the noncompliance has not been corrected by the 
                end of the period.
    ``(g) Confidentiality of Export Information.--
            ``(1) Notwithstanding sections 7(d) and 10(b), the 
        Administrator shall make available to the public on request 
        without restriction the following information in the possession 
        of the Administrator concerning exports of pesticides:
                    ``(A) The identity of the producer and exporter of 
                an exported pesticide.
                    ``(B) The active ingredients in an exported 
                pesticide.
                    ``(C) The name of an exported pesticide.
                    ``(D) The date of export.
                    ``(E) The countries to which a pesticide is 
                exported, including the countries of final destination.
            ``(2) The Administrator shall make available to the public 
        upon request information specified by paragraph (1) concerning 
        the export of a pesticide solely in small quantities for 
        purposes of research and development only to the extent that 
        such information would be subject to disclosure if it concerned 
        a pesticide used for similar research and development purposes 
        in the United States, provided the exporter, in accordance with 
        rules issued by the Administrator, certifies to the 
        Administrator, in writing, that the pesticide is being exported 
        solely in small quantities for purposes of research and 
        development.
    ``(h) Records.--Any person who distributes or sells a pesticide for 
export shall submit to the Administrator records of the distribution or 
sale under such conditions as the Administrator may prescribe by 
regulation. No regulation issued pursuant to this subsection shall 
require any person to duplicate reporting of any information otherwise 
required to be reported by the person under section 7.
    ``(i) Annual Exports Report.--The Administrator shall prepare and 
make available to the public an annual report beginning with the first 
full calendar year following the year of enactment of this subsection. 
The report shall include a description of the identities, aggregate 
quantities, and destinations of pesticides exported to foreign 
countries during each calendar year, to the extent the Administrator 
determines that disclosure of the information is consistent with the 
requirements of section 10.
    ``(j) Fees.--
            ``(1) Authority.--The Administrator may issue regulations 
        to assess fees on pesticide registrants that are reasonably 
        calculated to cover costs associated with carrying out this 
        section.
            ``(2) Establishment of fund.--There shall be established in 
        the Treasury of the United States a fund to carry out this 
        section.
            ``(3) Source and use.--All fees collected by the 
        Administrator under paragraph (1) shall be deposited into the 
        fund, and thereafter, shall be available until extended, 
        subject to appropriation, to carry out this section.
    ``(k) Technical Assistance Programs.--
            ``(1) In general.--The Administrator is authorized to use 
        each fiscal year not more than $4,000,000 to provide countries 
        technical assistance in--
                    ``(A) safe handling and use of pesticides;
                    ``(B) alternative methods of pest control;
                    ``(C) strengthening of pesticide regulatory 
                institutions;
                    ``(D) provision of technical information;
                    ``(E) support for pesticide management and safety 
                training programs; and
                    ``(F) coordination with assistance efforts 
                conducted by other donor or international 
                organizations.
            ``(2) Priority.--Priority for assistance under this 
        subsection shall be given to developing countries that are 
        major sources of food imported into the United States.
            ``(3) Coordination with the united states agency for 
        international development.--To ensure full consistency with 
        ongoing U.S. AID technical assistance programs in those areas, 
        all EPA activities conducted under this section in countries 
        that receive U.S. AID assistance shall be undertaken in close 
        cooperation with the Administrator of U.S. AID.
    ``(l) Importation of Pesticides and Devices.--
            ``(1) In general.--The Secretary of the Treasury shall--
                    ``(A) notify the Administrator of the arrival of 
                pesticides and devices;
                    ``(B) deliver to the Administrator, on the request 
                of the Administrator, samples of pesticides or devices 
                that are being imported into the United States; and
                    ``(C) give notice to the owner or consignee of the 
                pesticide or device.
            ``(2) Opportunity to be heard.--The owner or consignee may 
        appear before the Administrator and introduce testimony.
            ``(3) Violations.--If it appears from the examination of a 
        sample that the sample is adulterated, misbranded, otherwise 
        violates this Act, or is otherwise injurious to health or the 
        environment--
                    ``(A) the pesticide or device may be refused 
                admission; and
                    ``(B) the Secretary of the Treasury may--
                            ``(i) refuse delivery to the consignee; and
                            ``(ii) cause the destruction of any 
                        pesticide or device refused delivery.
            ``(4) Nonexport.--A pesticide or device that is refused 
        admission shal not be exported unless the export conforms to 
        the requirements of subsection (c) and such regulations as the 
        Secretary of the Treasury may prescribe, except in accordance 
        with this section.
            ``(5) Bond.--The Secretary of the Treasury may deliver to 
        the consignee the pesticide or device pending examination and 
        decision in the matter on execution of bond for the amount of 
        the full invoice value of the pesticide or device, together 
        with the duty on the pesticide or device. If the consignee 
        refuses to return the pesticide or device for any cause to the 
        custody of the Secretary of the Treasury, when demanded, for 
        the purpose of excluding the pesticide or device from the 
        United States, or for any other purpose, the consignee shall 
        forfeit the full amount of the bond.
            ``(6) Charges.--All charges for storage, cartage, and labor 
        on pesticides or devices that are refused admission or delivery 
        shall be paid by the owner or consignee. Any default of the 
        payment shall constitute a lien against any future importation 
        made by the owner or consignee.
            ``(7) Regulations.--The Secretary of the Treasury, in 
        conjunction with the Administrator, shall prescribe regulations 
        for the administration and enforcement of this subsection.
    ``(m) Cooperation in International Efforts.--
            ``(1) President.--The President is encouraged to pursue 
        appropriate international agreements or arrangements to address 
        notification programs and trade in pesticides consistent with 
        this Act.
            ``(2) Administrator.--The Administrator is encouraged to, 
        in cooperation with the Secretary of State, the Administrator 
        of the Agency for International Development and the head of any 
        other appropriate Federal agency, participate and cooperate in 
        any international efforts to develop improved pesticide 
        research and regulations.''.
    (b) Conforming Amendments.--
            (1) Registration of establishments.--Section 7(c) (7 U.S.C. 
        136e(c)) is amended--
                    (A) by striking paragraph (1) and inserting the 
                following new paragraph:
            ``(1) In general.--
                    ``(A) Any producer operating an establishment 
                registered under this section shall inform the 
                Administrator within 30 days after the establishment is 
                registered of the types and quantities of pesticides 
                and active ingredients used in producing pesticides 
                that the producer--
                            ``(i) is currently producing;
                            ``(ii) has produced during the past 365-day 
                        period; and
                            ``(iii) has sold or distributed during the 
                        past 365-day period.
                    ``(B) Any producer operating an establishment 
                registered under this section shall inform the 
                Administrator within 30 days after the establishment is 
                registered of--
                            ``(i) the types and quantities of 
                        pesticides, and active ingredients used in 
                        producing pesticides, that are produced for 
                        export to a foreign county; and
                            ``(ii) the date of export and quantity of 
                        pesticides and active ingredients exported to 
                        each foreign county to which the producer has 
                        exported during the past 365-day period.
                    ``(C) The information required by this paragraph 
                shall be kept current and submitted to the 
                Administrator annually as required under such 
                regulations as the Administrator may prescribe.''; and
                    (B) in subparagraph (2) by striking ``(2)'', and 
                inserting ``(2) Stop sale orders.''.
            (2) Unlawful acts.--Section 12(a)(2) (7 U.S.C. 136j(a)(2)) 
        is amended--
                    (A) by striking ``or'' at the end of subparagraph 
                (R);
                    (B) by striking the period at the end of 
                subparagraph (S) and inserting ``; or''; and
                    (C) by adding at the end the following:
            ``(T) to export any pesticide in violation of section 17 or 
        to violate any regulation or order issued under section 17.''.
            (3) Adverse effects information.--Section 6(a) (7 U.S.C. 
        136c(a)) is amended by adding at the end the following: 
        ``Effective date.--
                    ``(A) The prohibitions in section 17(b) shall 
                become effective 30 days after the date of enactment of 
                the Federal Insecticide, Fungicide, and Rodenticide Act 
                Amendments of 1994.
            ``(3) Any person, who exports a pesticide or who produces a 
        pesticide for export, shall submit to the Administrator--
                    ``(A) any factual information regarding 
                unreasonable adverse effects on the environment of the 
                pesticide; and
                    ``(B) any information regarding the regulatory 
                status of such pesticide in other countries that would 
                affect whether the pesticide may be exported.''.

SEC. 4. CANCELLATION.

    (a) Section 3(c)(6) (7 U.S.C. 136a(c)(6)) is amended to read as 
follows:
            ``(6) Denial of registration.--If the Administrator 
        determines that the requirements of paragraph (5) for 
        registration are not satisfied, the Administrator may issue a 
        notice proposing denial of registration. Such a notice shall 
        include the legal and factual bases for the denial. The 
        Administrator shall send a notice proposing denial to the 
        applicant for registration and shall promptly publish the 
        notice in the Federal Register. Subsequent action on the 
        proposed denial shall be in accord with the applicable 
        provisions of section 6(b).''.
    (b) Section 3(d)(2) (7 U.S.C. 136a(d)(2)) is amended to read as 
follows:
            ``(2) Change in classification.--If the Administrator 
        determines that a change in the classification of any use of a 
        pesticide from general use to restricted use is necessary 
        because, without such restriction, the use may cause 
        unreasonable adverse effects on the environment, he shall 
        follow the applicable provisions of section 6(b).''.
    (c) Section 6(b) (7 U.S.C. 136d(b)) is amended to read as follows:
    ``(b) Cancellation, Denial of Registration, Change in 
Classification.--
            ``(1) Standard for cancellation.--The Administrator may 
        cancel, deny application for registration of, or change the 
        classification of a pesticide if the Administrator determines 
        that--
                    ``(A) the pesticide generally causes unreasonable 
                adverse effects on the environment when used in 
                accordance with widespread and commonly recognized 
                practice; or
                    ``(B) the pesticide product or its labeling or 
                other material required to be submitted by the Act do 
                not comply with the requirements of the Act.
        The proponents of registration of a pesticide shall at all 
        times have the burden of showing that the standard for 
        cancellation, denial or change in classification is not met.
            ``(2) Consultation with federal agencies.--If the 
        Administrator intends to cancel or change the classification of 
        a pesticide registered for agricultural uses, the Administrator 
        shall consult with the Secretary of Agriculture regarding the 
        proposed action and provide an opportunity to submit written 
        comments. If the Administrator intends to cancel or change the 
        classification of a pesticide registered for public health 
        uses, the Administrator shall consult with the Secretary of 
        Health and Human Services regarding the proposed action and 
        provide an opportunity to submit written comments.
            ``(3) Proposed order.--If the Administrator determines that 
        the standard for canceling, denying application for 
        registration of, or changing the classification of a pesticide 
        may be met, the Administrator may issue a proposed order to 
        cancel, deny or change the classification of a pesticide. In 
        issuing any proposed order under this paragraph, the 
        Administrator shall consider restricting a pesticide's use or 
        uses as an alternative to cancellation. The Administrator shall 
        send a copy of the proposed order to each registrant holding a 
        registration addressed by the proposed order and shall publish 
        the proposed order in the Federal Register. The proposed order 
        shall include (or incorporate by reference to publicly 
        available documents) the following:
                    ``(A) A statement of the factual and legal bases 
                for the proposed action.
                    ``(B) If the pesticide is used to produce an 
                agricultural commodity, a general analysis of the 
                impact of the proposed action on consumers, retail food 
                prices, production of agricultural commodities, and 
                otherwise on the agricultural economy.
                    ``(C) A copy of any written comments on the 
                proposed action submitted by the Secretary of 
                Agriculture, the Secretary of Health and Human 
                Services, or the Scientific Advisory Panel.
                    ``(D) The changes, if any, in the terms and 
                conditions of registration that a registrant would need 
                to make in order for the Administrator to conclude that 
                cancellation or change in classification would not be 
                appropriate.
                    ``(E) Notice of the availability of an informal 
                public hearing.
            ``(4) Procedures for proposed cancellation orders, denials 
        of applications for registration, or changes in 
        classification.--
                    ``(A) The registrant or applicant for registration, 
                and any other interested person, shall be afforded an 
                opportunity to comment on a proposed cancellation 
                order, denial of application for registration, or 
                change in classification, for at least ninety days 
                after publication of the proposal in the Federal 
                Register.
                    ``(B) The registrant or applicant for registration, 
                and any other interested person, may request that the 
                Administrator hold an informal public hearing during 
                the comment period. Requests for hearing must be filed 
                within twenty-one days of publication of a proposed 
                cancellation order, denial of application, or change in 
                classification in the Federal Register. The 
                Administrator may deny such request if holding a 
                hearing would not be in the public interest.
                    ``(C) No final order to cancel, change 
                classification, or deny application may be issued under 
                paragraph (6) of this section before the appropriate 
                comment period has expired.
                    ``(D) If a final order to cancel or change 
                classification differs significantly from a proposed 
                order, the Administrator shall, prior to issuing the 
                final order, consult with the Secretary of Agriculture 
                and the Secretary of Health and Human Services under 
                the conditions set forth in paragraph (b)(2) of this 
                section.
            ``(5) Informal public hearing.--
                    ``(A) If a timely request for an informal public 
                hearing is made on a proposed cancellation, change in 
                classification, or denial of application, and the 
                Administrator determines that a hearing shall be held, 
                the Administrator shall publish in the Federal Register 
                a notice of hearing, and shall send a copy of such 
                notice to any person who requested such a hearing. Such 
                notice shall identify a time and location for the 
                hearing, and shall specify such procedures for the 
                hearing as the Administrator may determine appropriate. 
                Any interested person shall be given an opportunity to 
                appear at the hearing, either in person or through an 
                authorized counsel or representative, and to be heard 
                with respect to the proposed order. The Administrator 
                shall appoint a hearing officer to preside over the 
                hearing. The hearing officer shall cause a verbatim 
                transcript of the hearing to be kept. Such transcript, 
                and any written material submitted at a hearing in 
                accordance with any requirements set forth in the 
                notice of hearing, shall be a part of the record of the 
                proceeding.
                    ``(B) If the Administrator denies a timely request 
                for hearing, the Administrator shall publish in the 
                Federal Register a notice of denial and the reasons 
                therefor, and shall send a copy of such notice to any 
                person who requested such hearing.
            ``(6) Final orders.--
                    ``(A) If no comments opposing the proposed action 
                are submitted by registrants or other interested 
                persons during the comment period provided pursuant to 
                paragraph (4) or at any hearing held pursuant to 
                paragraph (5), and if, in the case of a proceeding to 
                cancel or change the classification of a pesticide, a 
                registrant does not file a timely application for 
                amendment of registration to implement the changes, if 
                any, specified in the proposed order pursuant to 
                subparagraph (b)(3)(iv) of this section, the 
                Administrator may issue a summary final order canceling 
                registration, denying application for registration, or 
                changing classification. Such final order shall be 
                published in the Federal Register and sent to each 
                registrant of, and applicant for, a registration 
                addressed by the final order. Such final order shall 
                not be subject to judicial review.
                    ``(B) If, after reviewing comments submitted 
                pursuant to paragraph (4), and the record compiled at 
                any informal hearing held pursuant to paragraph (5), 
                the Administrator determines that the standard for 
                cancellation of registration, denial of application for 
                registration, or change in classification is met, the 
                Administrator shall publish a final order of 
                cancellation, denial of application, or change in 
                classification in the Federal Register and shall send a 
                copy of such order to each applicant for, or registrant 
                holding, a registration addressed by the final order. 
                The final order shall include (or incorporate by 
                reference to publicly available documents) the 
                following:
                            ``(i) The factual and legal bases for the 
                        final order.
                            ``(ii) A summary of the significant 
                        comments submitted either in writing or orally 
                        at a hearing by the public and, in the case of 
                        a proposed cancellation order, by the Secretary 
                        of Agriculture, the Secretary of Health and 
                        Human Services, the Scientific Advisory Panel, 
                        and the Administrator's responses to those 
                        comments.
                            ``(iii) In the case of a proceeding for the 
                        cancellation or change in classification of a 
                        pesticide used in the production of an 
                        agricultural commodity, a general analysis of 
                        the impact of the action on consumers, retail 
                        food prices, production of agricultural 
                        commodities, and otherwise on the agricultural 
                        economy.
                            ``(iv) In the case of a final order 
                        canceling or changing the classification of a 
                        pesticide, a description of the changes, if 
                        any, in the terms and conditions of 
                        registration of a pesticide product that a 
                        registrant would need to make in order for the 
                        final order not to apply to the product.
                Final orders issued pursuant to this subparagraph will 
                be effective upon publication in the Federal Register, 
                except that in the case of a final order where the 
                Administrator has established terms and conditions as 
                an alternative to cancellation or change in 
                classification pursuant to subclause (iv), the order 
                shall not be effective until thirty days after 
                publication in the Federal Register, and a product will 
                not be canceled nor its classification changed pursuant 
                to the order if a registrant, within such 30 days time 
                period, has applied to amend its registration to comply 
                with the specified terms and conditions.
                    ``(C) if, after reviewing the comments submitted 
                pursuant to paragraph (4), and the record compiled at 
                any informal hearing held pursuant to paragraph (5), 
                the Administrator determines not to cancel, deny 
                application, or change classification, the 
                Administrator shall publish in the Federal Register a 
                final decision to that effect and shall send a copy of 
                such decision to each registrant of, and applicant for, 
                a registration addressed by the proposed order. Such 
                decision shall include the information described by 
                clauses (i)-(iii) of subparagraph (B) of this 
                paragraph. Such a decision shall be effective upon 
                publication.
            ``(7) Petitions to suspend, cancel, deny application or 
        change classification.--
                    ``(A) Any person may, at any time, petition the 
                Administrator to suspend or cancel a registration 
                pursuant to this section or to deny an application for 
                registration or change the classification on a 
                pesticide pursuant to section 3 of this Act. Such a 
                petition must include the factual and legal bases 
                supporting the petition.
                    ``(B) If the Administrator determines that the 
                requested action is necessary to serve the purposes of 
                the Act, the Administrator shall suspend the pesticide 
                or issue a proposed order to cancel, deny application, 
                or change classification, and the appropriate 
                provisions of sections 3 or 6 shall apply.
                    ``(C) If the Administrator denies the petition, the 
                Administrator shall issue an order specifying the basis 
                for such denial.
            ``(8) Effect of final order of cancellation, denial of 
        application, or change in classification.--
                    ``(A) The Administrator may issue an order 
                summarily denying any application for registration or 
                amendment under section 3 or 24 of this Act, or 
                application for exemption pursuant to section 18 of 
                this Act, with respect to a pesticide that has been 
                subject to a final order issued pursuant to this 
                section canceling registration, denying application for 
                registration, or changing classification, unless the 
                applicant has presented substantial new information 
                which--
                            ``(i) may materially affect the basis for 
                        or content of the prior order;
                            ``(ii) was not available to the 
                        Administrator at the time he issued the final 
                        order; and
                            ``(iii) could not, through the exercise of 
                        due diligence, have been available to the 
                        applicant prior to the issuance of the final 
                        order.
                If the Administrator determines that the applicant has 
                not provided substantial new information complying with 
                the requirements set forth in this subparagraph, the 
                Administrator may issue an order summarily denying the 
                application and shall send a copy of such order to the 
                applicant.
                    ``(B) If, after review of an application (and 
                supporting data submitted by the applicant) for a 
                registration or amendment pursuant to section 3 or 24 
                of this Act, the Administrator determines that the 
                applicant has submitted substantial new information and 
                that reconsideration of the prior final order may be 
                warranted, the Administrator shall publish a notice in 
                the Federal Register announcing that the Administrator 
                is reconsidering the prior final order. Such notice 
                shall describe the nature of the application, contain 
                the factual and legal bases for the Administrator's 
                determination that reconsideration may be warranted, 
                and shall provide an opportunity of at least 60 days 
                for interested persons to comment on the issues of 
                whether reconsideration should be granted and whether 
                the application should be granted.
                    ``(C) After the opportunity for comment on a notice 
                issued pursuant to section 6(b)(8)(B) has expired, the 
                Administrator shall publish a final decision in the 
                Federal Register either denying the application or 
                granting reconsideration of the prior final order to 
                the extent necessary to consider the application. A 
                final decision granting reconsideration may, at the 
                Administrator's discretion, contain a final 
                determination granting or rejecting the application. If 
                such a final determination is not contained in a final 
                decision granting reconsideration, the application 
                shall be reviewed according to the provisions of 
                section 3 or 24 as appropriate.
                    ``(D)(i) If the Administrator grants 
                reconsideration, but denies the application, the 
                Administrator shall publish in the Federal Register a 
                notice proposing denial of registration pursuant to 
                section 3(c)(6) of this Act. Such a notice may be 
                contained in a final decision granting reconsideration 
                issued pursuant to section 6(b)(8)(B). Subsequent 
                action on the proposed denial shall be in accord with 
                the applicable provisions of section 6(b).
                    ``(ii) If the Administrator determines, after 
                granting reconsideration, that the application should 
                be granted, he shall publish in the Federal Register a 
                notice granting the application. Such a notice may be 
                contained in a final decision granting reconsideration 
                issued pursuant to section 6(b)(8)(B).
            ``(9) existing stocks.--The Administrator may permit the 
        continued sale and use of existing stocks of a pesticide whose 
        registration is canceled under this Act to such extent, under 
        such conditions, and for such uses as the Administrator may 
        specify if such sale or use is not inconsistent with the 
        purposes of this Act and will not have unreasonable adverse 
        effects on the environment.''.
    ``(d) Conforming Amendment.--Section 25(d) (7 U.S.C. 136w(d)) is 
amended to read as follows:
    ``(d) Scientific Advisory Panel.--Prior to issuance of a proposed 
order under section 6(b), the Administrator shall notify an advisory 
panel of such action and shall provide such panel an opportunity to 
submit written comments as to the impact on health and the environment 
of such proposed orders. The Administrator shall submit proposed and 
final form regulations issued under section 25(a) within the same time 
periods as provided for the comments of the Secretary of Agriculture. 
The time requirements for proposed and final form regulations may not 
be modified or waived unless in addition to meeting the requirements of 
section 25(a), the advisory panel has failed to comment on the proposed 
action within the prescribed time period or has agreed to the 
modification or waiver.''.

SEC. 5. COORDINATION WITH THE FEDERAL FOOD, DRUG, AND COSMETIC ACT.

    Section 6 (7 U.S.C. 136d) is amended by adding at the end the 
following:
    ``(i) Coordination With the Food, Drug, and Cosmetic Act.--
            ``(1) The Administrator shall, by order and without a 
        hearing, cancel a pesticide registration, or deny the 
        application for registration or amended registration of a 
        pesticide if the Administrator has revoked a tolerance 
        regulation or denied a petition to establish a tolerance 
        regulation under section 408 of title 21 of the United States 
        Code for residues of the pesticide in or on food that could 
        result from the use of the pesticide, unless the Administrator 
        determines that such use is unlikely to result in food that is 
        adulterated within the meaning of section 342(a)(2)(B) of title 
        21 of the United States Code.
            ``(2) Except where such order eliminates all uses of a 
        pesticide, any order issued pursuant to paragraph (1) shall not 
        be effective until thirty days after publication in the Federal 
        Register, and an application or registration shall not be 
        denied or canceled pursuant to the order if the applicant or 
        registrant, within such thirty days, has applied to amend the 
        registration or application to delete the uses that form the 
        basis of the cancellation or denial under paragraph (1).''.

SEC. 6. SUSPENSION.

    (a) Section 6(c) (7 U.S.C. 136d(c)) is amended to read as follows:
    ``(c) Suspension.--
            ``(1) Order.--If the Administrator determines that use of a 
        pesticide results in an imminent hazard, he may issue an order 
        immediately suspending the registration of such pesticide. The 
        order shall specify the bases for the Administrator's 
        determination that an imminent hazard exists. The Administrator 
        shall send to the registrant by certified mail a copy of the 
        suspension order, and shall publish the order in the Federal 
        Register. The order shall become effective with respect to the 
        registrant upon publication in the Federal Register or upon 
        receipt by the registrant of the order, whichever occurs first. 
        The order shall become effective with regard to persons other 
        than the registrant upon publication of the order in the 
        Federal Register. The suspension shall automatically expire one 
        hundred and eighty days after becoming effective unless, on or 
        before such expiration date, the Administrator has published in 
        the Federal Register a proposed cancellation order that would 
        cancel the registration of the pesticide use suspended by the 
        order issued under this subparagraph. If a proposed 
        cancellation order is issued before the expiration date, the 
        suspension shall continue in effect until terminated in 
        accordance with paragraph (4).
            ``(2) Consultation with federal agencies.--If the 
        Administrator intends to suspend a pesticide registered for 
        agricultural uses, the Administrator shall consult with the 
        Secretary of Agriculture regarding the proposed suspension. If 
        the Administrator intends to suspend a pesticide registered for 
        public health uses, the Administrator shall consult with the 
        Secretary of Health and Human Services regarding the proposed 
        suspension.
            ``(3) Duration of suspension.--A suspension order issued 
        under this subsection may be terminated by the Administrator at 
        any time. A suspension order issued under this subsection shall 
        automatically terminate upon completion of a proceeding to 
        cancel the registration of the pesticide under subsection (b), 
        or upon cancellation by the Administrator of the suspended 
        registration. If the Administrator's cancellation of the 
        suspended registration is overturned by a reviewing court, the 
        suspension order issued under this subsection shall be 
        reinstated unless otherwise ordered by the reviewing court, if 
        the decision of the court overturning the cancellation allows 
        for further substantive deliberations by the Administrator on 
        the proposed cancellation.
            ``(4) Petition to reconsider suspension.--
                    ``(A) A registrant, or any other interested person 
                with the concurrence of the registrant, may, within 
                thirty days of publication of the suspension order in 
                the Federal Register, petition the Administrator to 
                reconsider the issuance of the suspension order. A 
                petitioner must include in the petition specific 
                objections to the suspension order, and must include 
                the specific bases supporting the petitioner's 
                conclusion that the standard for suspension is not met. 
                A petition must be accompanied by any information the 
                petitioner wishes the Administrator to consider in 
                reviewing the petition. The Administrator shall, within 
                one hundred and twenty days of receipt of the last of 
                such petitions, issue an order granting or denying 
                petitions received within thirty days of the 
                publication of a suspension order. Any suspension order 
                issued under this subsection shall expire automatically 
                if the Administrator fails to respond to any petition 
                within the time required. Such an order responding to a 
                petition for reconsideration shall be sent to the 
                petitioner and published in the Federal Register, and 
                shall include the factual and legal bases for the 
                Administrator's determination on the petition.
                    ``(B) A registrant, or any other interested person 
                with the concurrence of the registrant, may file with 
                the Administrator a petition to reconsider the issuance 
                of a suspension order more than thirty days after 
                publication of the suspension order in the Federal 
                Register only if the petition is based upon substantial 
                new information which--
                            ``(i) may materially affect the basis for 
                        or content of the suspension order;
                            ``(ii) was not available to the 
                        Administrator at the time he issued the 
                        suspension order or denied any petition 
                        submitted under subparagraph (5)(A) of this 
                        paragraph; and
                            ``(iii) could not, through the exercise of 
                        due diligence, have been submitted to the 
                        Administrator within thirty days of the 
                        issuance of a suspension order.
                In addition to demonstrating that the petition is based 
                upon new information which meets the criteria of this 
                subparagraph, a person filing a petition more than 
                thirty days after the publication of a suspension order 
                must include in the petition specific objections to the 
                suspension order and the specific bases supporting the 
                petitioner's conclusion that the standard for 
                suspension is not met. Such a petition must be 
                accompanied by any information the petitioner wishes 
                the Administrator to consider in reviewing the 
                petition. The Administrator shall issue an order 
                granting or denying a petition filed more than thirty 
                days after the publication of a suspension order within 
                one hundred and twenty days of receipt of the petition. 
                Such an order shall be sent to the petitioner and 
                published in the Federal Register, and shall include 
                the factual and legal bases for the Administrator's 
                determination on the petition.''.
    (b) Section 6(h) (7 U.S.C. 136d(h)) is amended to read as follows:
    ``(h) Unreviewable Actions.--Nothing in this section relating to 
the provision of notification to or consultation with other Federal 
Agencies or the Scientific Advisory Panel shall be construed as 
creating any right or benefit, substantive or procedural, enforceable 
at law by a party against the United States, its agencies, its officer, 
or any person. No court of the United States shall have jurisdiction to 
review any challenge to any action or failure to take action by the 
Agency pursuant to this section where such challenge is based upon an 
assertion that the Agency failed to properly notify or consult with any 
other Federal Agency or the Scientific Advisory Panel.''.

SEC. 7. LABEL CALL-IN.

    (a) Section 3 (7 U.S.C. 136a) is amended by adding at the end the 
following:
    ``(h) Label Call-in.--
            ``(1) Authority to require changes.--If the Administrator 
        determines that the risks associated with the use of a 
        pesticide can be reduced by a change in the labeling, 
        packaging, or composition of the pesticide, the Administrator 
        may issue a notice requiring that registrants change the 
        labeling, packaging, or composition of the pesticide. Provided, 
        however, that the Administrator may not pursuant to this 
        section require any change in the labeling, packaging or 
        composition of a pesticide if the Administrator determines the 
        change will effectively prohibit or make economically 
        unfeasible substantially all use of the pesticide on one or 
        more use sites. The Administrator shall send any notice issued 
        pursuant to this section to the registrant of every pesticide 
        to which the determination relates. The notice shall include a 
        description of the required changes and the bases for the 
        Administrator's determination that such changes will reduce the 
        risks associated with the use of the pesticide. The notice 
        shall also include such requirements for notifying the 
        Administrator or submitting amendments of registration 
        reflecting the changes as the Administrator deems appropriate.
            ``(2) Registrant response.--Any registrant receiving a 
        notice pursuant to subsection (a) may, within 60 days of 
        receipt of the notice, file written objections to the change. A 
        registrant may object to the change if the registrant 
        believes--
                    ``(A) the change would effectively prohibit or make 
                economically unfeasible substantially all use of the 
                pesticide on one or more use sites;
                    ``(B) the change is not necessary for the 
                particular product or that a better alternative means 
                exists to prevent the unreasonable adverse effects on 
                the environment; or
                    ``(C) the costs to society of making the proposed 
                change exceed the benefits of the risk reduction 
                associated with making the proposed change.
        Any objections must include the specific bases for the 
        objections, and may be accompanied by any written information 
        the registrant desires to submit in support of the objections. 
        If a registrant fails to file timely objections to a notice, 
        the requirements contained in the notice shall become final and 
        shall not be reviewable in any court.
            ``(3) Response to objections.--The Administrator shall 
        respond to any objections within 90 days of receipt of the 
        objections by either withdrawing, modifying, or affirming the 
        requirements contained in the notice issued pursuant to 
        subsection (a). Such written response shall be sent to the 
        registrant and shall include the bases therefor. The response 
        shall also include such requirements for notifying the 
        Administrator or submitting amendments of registration 
        reflecting the changes as the Administrator deems appropriate.
            ``(4) Annual compliance date.--An annual compliance date is 
        hereby established to be on the first day of October. The 
        Administrator may establish a different compliance date for 
        registrants if it would be in the public interest.
            ``(5) Time to make change.--Except as provided in paragraph 
        (g), a registrant may not distribute or sell a product on or 
        after the first compliance date occurring more than one year 
        after issuance of a notice pursuant to subsection (a) of this 
        section unless the labeling, packaging, or composition of such 
        product complies with any requirements contained in the notice 
        or, if the notice is challenged, in the response to objections 
        issued pursuant to subsection (c): Provided, however, That if 
        timely objections are filed and the Administrator does not 
        respond to such objections within 90 days, a registrant may not 
        distribute or sell a product on or after the first compliance 
        date occurring more than 7 months after the Agency responds to 
        the objections, or more than one year from the issuance of the 
        notice under subsection (a), whichever is later.
            ``(6) Exception.--Notwithstanding any other provision of 
        this subsection, if the Administrator determines that an 
        earlier effective date for a change in product labeling, 
        packaging, or composition is in the public interest, the 
        Administrator may require such changes within reasonable 
        timeframes.
            ``(7) Suspension.--If a registrant fails to comply with a 
        notice issued under subsection (a) or a written response 
        modifying a notice under subsection (c), the Administrator may 
        issue an order without hearing suspending the registration. 
        Such suspension shall remain in effect until the registrant has 
        complied with the terms of the notice or the response modifying 
        the notice.
            ``(8) Pesticides in the channels of trade.--
                    ``(A) Except as provided in paragraph (2), persons 
                other than the registrant, of a pesticide product that 
                does not comply with a notice issued under subsection 
                (a) and any written response to objections under 
                subsection (c), may continue to distribute or sell such 
                pesticide product for two years after the registrant is 
                prohibited from selling such product under subsection 
                (f).
                    ``(B) The Administrator may specify a shorter 
                period for the distribution or sale of nonconforming 
                pesticide products than is provided in paragraph (1) of 
                this subsection if the Administrator determines that a 
                shorter period is in the public interest. The 
                Administrator shall publish promptly such determination 
                in the Federal Register.
            ``(9) Recall.--The Administrator may, by order, require the 
        recall of any pesticide distributed or sold in violation of any 
        requirement issued by the Administrator pursuant to this 
        section. An order issued under this subsection may apply to any 
        person who distributes or sells any pesticide in violation of 
        such a requirement and may require such person to--
                    ``(A) arrange to make available one or more storage 
                facilities to receive and store the pesticide to which 
                the recall order applies, and inform the Administrator 
                of the location of each such facility;
                    ``(B) accept and store at such facility any 
                pesticide distributed or sold by such person in 
                violation of this section that is tendered by any other 
                person who obtained the pesticide directly or 
                indirectly from the person that is subject to such 
                order;
                    ``(C) on the request of a person making such a 
                tender, provide for proper transportation of the 
                pesticide to a storage facility;
                    ``(D) take such reasonable steps as the 
                Administrator may prescribe to inform persons who may 
                be holders of the pesticide of the terms of the recall 
                order and how those persons may tender the pesticide 
                and arrange for transportation of the pesticide to a 
                storage facility; and
                    ``(E) reimburse any person to whom such pesticide 
                was sold for any unused quantities of such pesticide, 
                unless the purchaser had knowledge at the time of sale 
                that such sale was in violation of any requirement 
                issued by the Administrator pursuant to this section.
            ``(10) Use site.--For purposes of this section, a use site 
        means, for any agricultural use of a pesticide, a particular 
        crop or commodity. The Administrator shall identify, by 
        regulation, nonagricultural use sites.''.
    (b) Conforming Amendment.--Section 12(a)(2) (7 U.S.C. 136j(a)(2)) 
is amended by adding at the end the following:
                    ``(T) to sell or distribute any pesticide product 
                in violation of any requirement issued by the 
                Administrator pursuant to section 3(g).''.

SEC. 8. PHASE-OUT/PHASE-DOWN.

    Section 6 (7 U.S.C. 136d) is amended by adding at the end the 
following:
    ``(j) Reduction, Restriction, or Elimination of Use or Production 
of a Pesticide.--
            ``(1) Standard for reduction, restriction, or 
        elimination.--If the Administrator determines that--
                    ``(A) credible scientific evidence indicates that 
                use of the pesticide is reasonably likely to pose a 
                significant risk to humans or the environment; and
                    ``(B) additional information should be developed to 
                reduce uncertainties regarding the risk;
        the Administrator shall, pursuant to paragraphs (2)-(4), 
        restrict, reduce, or eliminate the use or production of the 
        pesticide, or evaluate other action as may be necessary to 
        address the risk during the period required for the 
        development, submission, and review of such additional 
        information. The Administrator may gather any needed 
        information by use of section 3(c)(2)(B) of this Act.
            ``(2) Consultation with the secretary of agriculture.--
        Prior to taking action under paragraph (1), the Administrator, 
        in consultation with the Secretary of Agriculture, shall 
        develop a strategy to reduce or limit the risk identified in 
        order to avoid unnecessary dislocation in agricultural 
        production.
            ``(3) Proposed rule.--If the Administrator determines that 
        the standard for taking regulatory action under paragraph (1) 
        is met, the Administrator may issue a proposed rule to 
        restrict, reduce or eliminate the use or production of a 
        pesticide. The Administrator shall publish the proposed rule in 
        the Federal Register and shall afford the registrant and any 
        other interested person an opportunity to comment on the 
        proposed rule for at least 60 days after publication in the 
        Federal Register. Any person may submit comments concerning the 
        impact of the proposal on the benefits of the use of the 
        pesticide. The proposed rule shall include (or incorporate by 
        reference to publicly available documents) the following:
                    ``(A) The terms and conditions of the proposed 
                rule, including any proposed strategy developed 
                pursuant to paragraph (2) to avoid unnecessary 
                dislocation in agricultural production.
                    ``(B) A statement of the factual and legal bases 
                for the proposed action.
                    ``(C) A description of the additional information 
                needed to address the uncertainties of the risk 
                identified in paragraph (1).
            ``(4) Final rules.--
                    ``(A) If no comments opposing the proposed rule are 
                submitted by registrants or other interested persons 
                during the comment period provided under paragraph (3), 
                and if the registrant does not file a timely 
                application for amendment of registration to implement 
                the changes, if any, specified in the proposed rule, 
                the Administrator may issue a final rule. The 
                Administrator shall publish such final rule in the 
                Federal Register. A final rule issued under this 
                paragraph shall not be subject to judicial review.
                    ``(B) If, after reviewing comments submitted 
                pursuant to paragraph (3), the Administrator determines 
                that the standard for taking action under paragraph (1) 
                has been met, the Administrator shall publish a final 
                rule in the Federal Register. The final rule shall 
                include (or incorporate by reference to publicly 
                available documents) the following:
                            ``(i) The terms and conditions of the final 
                        rule.
                            ``(ii) The factual and legal bases for the 
                        final rule.
                            ``(iii) A summary of the significant 
                        comments received under paragraph (3) and the 
                        Administrator's responses to those comments.
                            ``(iv) A description of the additional 
                        information needed to address the uncertainties 
                        of the risk identified in paragraph (1).
                    ``(C) If, after reviewing the comments submitted 
                under paragraph (3) the Administrator determines not to 
                restrict, reduce, or eliminate pesticide uses or 
                production the Administrator shall publish such 
                determination in the Federal Register. Such decision 
                shall include the factual and legal basis for the 
                determination, a summary of the significant comments 
                submitted under paragraph (3), and the Administrator's 
                response to those comments. Such a decision shall be 
                effective upon publication.
                    ``(D) Section 25(a) of this Act shall not apply to 
                proposed or final rules issued pursuant to this 
                subsection.
                    ``(E) Unless otherwise ordered by a court of 
                appropriate jurisdiction, a final rule issued under 
                paragraph (4) shall remain in effect pending the 
                resolution of any regulatory action under section 6 or 
                section 106 or until such time as the Administrator 
                revokes or modifies the rule.
            ``(5) Review of information.--
                    ``(A) The Administrator shall review promptly upon 
                submission the information identified in the final rule 
                and shall--
                            ``(i) initiate appropriate regulatory 
                        action under section 6 or section 106;
                            ``(ii) revoke or modify the rule pursuant 
                        to the procedures provided in paragraphs (3) 
                        and (4) of this subsection; or
                            ``(iii) issue a final determination to 
                        maintain in effect the final rule if the 
                        information submitted is not sufficient for the 
                        Administrator to proceed under clauses (i) and 
                        (ii).
                    ``(B) A final determination issued pursuant to 
                subparagraph (A)(iii) to maintain in effect a final 
                rule shall be published in the Federal Register and 
                shall be subject to judicial review pursuant to section 
                16(a) of this Act.
            ``(6) Effect on other authorities.--Nothing in this 
        subsection shall limit the authority of the Administrator to 
        take any regulatory or enforcement action at any time under any 
        other provision of this Act.''.

SEC. 9. REDUCED RISK PESTICIDES.

    (a) Reduced Risk Pesticides.--
            (1) Section 3(c)(1) (7 U.S.C. 136a(c)(1)) is amended to add 
        at the end the following:
                    ``(G) If the applicant is requesting designation as 
                a reduced risk pesticide, an explanation of the basis 
                for the request, in accordance with paragraph (9) of 
                this subsection.''.
            (2) Section 3(c) (7 U.S.C. 136a(c)) is amended to add at 
        the end the following:
            ``(9) Reduced risk pesticides.--
                    ``(A) Not later than 1 year after the enactment of 
                this paragraph, the Administrator shall develop 
                criteria, after opportunity for public comment, for the 
                designation of reduced risk pesticides. Such criteria 
                shall, at a minimum, address potential risks to human 
                health, toxicity to other non-target organisms, 
                environmental persistence, potential to contaminate the 
                environment, and compatibility with integrated pest 
                management strategies.
                    ``(B) Any registrant or applicant for registration 
                may request the Administrator to designate a pesticide 
                as a reduced risk pesticide under this paragraph. The 
                Administrator shall prescribe the form and content of 
                such requests for designation, which shall require the 
                requestor to address each criterion established under 
                subparagraph (A). A request for designation may be 
                combined with an application for registration under 
                this section.
                    ``(C) The Administrator, within 30 days after 
                receiving a request for designation, shall notify the 
                applicant or registrant requesting designation whether 
                the request is complete. If it is found to be 
                incomplete, the Administrator shall reject the request. 
                If the request is complete, the Administrator shall 
                review the request not later than 120 days after 
                receipt, and shall designate the pesticide as a 
                ``reduced risk pesticide'' if the pesticide meets the 
                criteria for reduced risk issued pursuant to paragraph 
                (A). The Administrator shall publish a notice of 
                findings regarding such designation in the Federal 
                Register.
                    ``(D) If a request for designation is accompanied 
                by an application for registration or amended 
                registration, the Administrator, within 180 days of 
                designating that a pesticide qualifies for reduced risk 
                status, shall complete review of the application and 
                shall notify the applicant or registrant whether the 
                registration or amended registration has been granted 
                or denied. If the application is denied, the 
                Administrator shall comply with the procedures under 
                section 3(c)(6).
                    ``(E) If at any time after the designation of a 
                pesticide as a reduced risk pesticide the registrant 
                has additional information bearing on the pesticide's 
                ability to meet the criteria established under 
                subparagraph (A), the registrant shall immediately 
                submit a report containing such information to the 
                Administrator.
                    ``(F) If at any time after the designation of a 
                pesticide as a reduced risk pesticide the Administrator 
                concludes that the determination made under 
                subparagraph (C) can no longer be supported, the 
                Administrator shall revoke the designation, after 
                providing the registrant with an opportunity for 
                comment on the basis of the Agency's conclusion.''.
    (b) Exclusive Use of Reduced Risk Pesticides and Minor Use 
Pesticides.--Section 3(c)(1)(D) (7 U.S.C. 136a(c)(1)(D)) is amended to 
add a new clause (ii) and to redesignate existing clauses (ii) and 
(iii) as clauses (iii) and (iv), respectively.
                            ``(ii) the period of exclusive date use for 
                        data submitted to support the application for 
                        the original registration of a pesticide under 
                        clause (i) shall be extended by an additional 
                        two years if, after the date of enactment of 
                        this provision--
                                    ``(I) the Administrator approves at 
                                least three minor uses of the pesticide 
                                prior to the expiration of the period 
                                of exclusive use under clause (i); or
                                    ``(II) the pesticide has been 
                                designated as a reduced risk pesticide 
                                pursuant to paragraph (9)(C) of this 
                                subsection prior to the expiration of 
                                exclusive use under clause (i).
                Any additional exclusive use period under subclause (I) 
                or (II) shall terminate if the original data submitter 
                voluntarily cancels the original registration of the 
                pesticide supported by data described in clause (i) of 
                this subsection. Any additional exclusive use period 
                under subclause (II) shall terminate if the 
                Administrator revokes the designation of a pesticide as 
                reduced risk under paragraph (9)(E) of this 
                subsection.''.
    (c) Definition of Biological Pesticide.--Section 2 (7 U.S.C. 136) 
is amended by adding at the end the following:
    ``(hh) Biological Pesticide.--The term `biological pesticide' means 
a biochemical pesticide, plant pesticide, or any organism that is a 
biological control agent, including a microbial pesticide.''.
    (d) Conditional Registration for New Biologicals.--Section 3(c)(7) 
(7 U.S.C. 136a (c)(7)) is amended by adding at the end the following:
                    ``(D) The Administrator may conditionally register 
                a biological pesticide, as that term is defined by 
                section 2 (7 U.S.C. 136) of this Act, or a mixture of 
                biological pesticides not contained in any currently 
                registered pesticide prior to the development of all 
                data necessary for the Administrator to determine 
                whether the pesticide meets the requirements of 
                paragraph (5) of this subsection. A conditional 
                registration under this paragraph may be granted for a 
                period no longer than is necessary for the generation, 
                submission and review of required data and on the 
                condition that by the end of such period the 
                Administrator receives such data and the data do not 
                meet or exceed risk criteria enumerated in regulations 
                issued under this Act, and on such other conditions as 
                the Administrator may prescribe. A conditional 
                registration under this subparagraph shall be granted 
                only if the Administrator determines, based on 
                available information, that use of the pesticide during 
                such period will not cause any unreasonable adverse 
                effect on the environment, and that use of the 
                pesticide is in the public interest.''.
    (e) Registration Priorities.--Section 3(c) is amended by adding at 
the end the following:
            ``(10) The Administrator shall give priority to 
        applications in the following order:
                    ``(A) Applications for registration of any 
                pesticide that would meet pest control needs which are 
                currently being addressed through pesticide use 
                authorized under Section 18 of this Act.
                    ``(B) Applications which EPA considers likely to 
                reduce the risk of adverse effects on the environment 
                from the use of currently registered pesticides subject 
                to proceedings under section 6.
                    ``(C) Applications for registration of any 
                pesticide that meets reduced risk criteria established 
                by the Administrator.
                    ``(D) Applications for the registration of 
                pesticides for minor uses.
                    ``(E) Other applications.''.
    (f) Amendments To Conform to Current Registration Priorities.--
            (1) Section 3(c)(3)(B)(ii) (7 U.S.C. 136a(c)(3)(B)(ii)) is 
        amended as follows:
                            ``(ii) In expediting the review of an 
                        application for an action described in clause 
                        (i), the Administrator shall, to the extent 
                        consistent with the priorities established in 
                        subsection (10),--''.
            (2) Research and investigation, monitoring, education and 
        information.--Section 20 (7 U.S.C. 136r) is amended--
                    (A) by redesignating subsections (b) and (c) as (c) 
                and (d), respectively,
                    (B) by amending subsections (a)-(c) as follows:

``SEC. 20. RESEARCH AND INVESTIGATION, MONITORING, EDUCATION AND 
              INFORMATION.

    ``(a) Cooperative Agreements.--The Administrator may enter into 
cooperative agreements, interagency agreements and contracts with, and 
issue grants to, Federal, State, tribal and local agencies, other 
public or private agencies, institutions, organizations, and 
individuals for research, investigations, studies, demonstrations or 
other activities for the purposes of carrying out this Act. Such 
activities may include, but are not limited to, research, 
investigations, demonstrations, and studies in integrated pest 
management, alternative pest management, and reduced pesticide use. The 
Administrator shall consult with the Secretary of Agriculture in 
conducting research, investigations, studies, and demonstrations in 
integrated pest management, and with the Secretary of State and the 
Administrator of the Agency for International Development when 
international activities are involved.
    ``(b) Information Exchange.--The Administrator, in cooperation with 
other Federal, State, tribal, and local agencies, universities or 
others, may promote training, education and information exchange for 
the general public and for pesticide users.'', and
                    (C) by adding new subsections (e) and (f) as 
                follows:
    ``(e) Surveys of Infants and Children.--The Secretary of Health and 
Human Services and the Secretary of Agriculture, in consultation with 
the Administrator, shall review the recommendations of the National 
Academy of Sciences report, Pesticides in the Diets of Infants and 
Children, and conduct surveys to document dietary exposure to 
pesticides among infants and children and perform such other research 
and collect such information as they determine would be necessary for 
the evaluation and implementation of the recommendations.
    ``(f) Duplication of Activities.--The Administrator shall ensure 
that activities conducted under this section will not result in 
unnecessary duplication of activities being undertaken by any other 
Federal agency or part of the Environmental Protection Agency.''.
            (3) State and tribal program development, enforcement, and 
        training.--Section 23 (7 U.S.C. 136u) is amended as follows:

``SEC. 23. STATE AND TRIBAL PROGRAM DEVELOPMENT, ENFORCEMENT, AND 
              TRAINING.

    ``(a) The Administrator may enter into cooperative agreements, 
interagency agreements and contracts with, and issue grants to, States 
and Indian tribes--
            ``(1) to delegate to any State or Indian tribe the 
        authority to cooperate in the enforcement of this Act through 
        the use of its personnel or facilities, to train personnel of 
        the State or Indian tribe to cooperate in the enforcement of 
        this Act, and to assist States and Indian tribes in 
        implementing cooperative enforcement programs;
            ``(2) to assist States and Indian tribes in developing and 
        administering State and tribal programs, and to train and 
        certify applicators consistent with the standards the 
        Administrator prescribes; and
            ``(3) to cooperate in the development of national pesticide 
        programs, including, but not limited to, efforts to protect 
        endangered species, ground water, the public, workers, and 
        users from pesticide contamination and exposure, and to assist 
        States and Indian tribes in implementing effective pesticide 
        programs.
    ``(b) The Administrator shall, in cooperation with the Secretary of 
Agriculture, use the services of the cooperative state extension 
services to inform and educate pesticide users about accepted uses and 
other regulations made under this Act.''.
    (g) Alternative Pest Control Strategies.--Section 28 (7 U.S.C. 
136w) is amended to read:
    ``(a) In General.--
            ``(1) It shall be the goal of the Secretary, as it relates 
        to research in pest control methods, to support research and 
        development of pest control methods that reduce risks to human 
        health and the environment. The purpose of such research shall 
        be to achieve pest management in the most environmentally sound 
        manner possible, to reduce the incidence of pest resistance, 
        and to develop sufficient pest management alternative to ensure 
        economical agricultural production.
            ``(2) In support of (1), the following activities shall be 
        pursued:
                    ``(A) Comparative information on pesticide 
                properties.--The Administrator, in consultation with 
                the Secretary of Agriculture, shall develop and make 
                readily available information that identifies the 
                significant environmental properties and potential 
                human health effects of pesticides, provides for 
                comparison and analysis of those properties, and 
                provides information necessary to assist in 
                establishing priorities for research and development of 
                alternative pest management methods.
                    ``(B) Evaluation of effectiveness of pest control 
                methods.--The Secretary of Agriculture, in coordination 
                and cooperation with the Administrator, shall develop a 
                system for evaluating agricultural pest control needs 
                and the effectiveness of available chemical, biological 
                and non-pesticide methods to control pests. Such system 
                shall identify agricultural pest management needs for 
                which there are inadequate methods of control including 
                the incidence of pest resistance and provide a means to 
                assist in setting priorities for research and 
                development.
                    ``(C) Research priorities.--The Secretary of 
                Agriculture, after consultation with the Administrator, 
                and taking into account private, academic, and other 
                public research activities, shall establish priorities 
                for the Department of Agriculture's research and 
                development efforts in pest management methods. The 
                Secretary shall give highest priority to research and 
                development of methods that would significantly reduce 
                risks to public health and the environment and would 
                meet agricultural pest management needs for which there 
                are inadequate methods of control. The highest priority 
                shall be for research and development into methods that 
                would meet the criteria stated above and would provide 
                pest control methods to serve as alternatives to 
                pesticides identified in (b).
    ``(b) Safer Alternative Pest Control Plans.--The Secretary and the 
Administrator, in consultation with the Secretary of the Interior shall 
develop and implement a process for coordinating environmental risk 
reduction through identification of pesticides that pose significant 
risk to human health or the environment, and for which development of 
use reduction programs and research on safer alternative means of pest 
control should be high priority for USDA research programs. The 
Secretary shall give highest priority to research on methods that would 
significantly reduce risks to public health and the environment, lead 
to more sustainable agricultural systems, and would meet significant 
agricultural pest management needs for which there are inadequate 
methods of pest management.
            ``(1) List of pesticides.--The Administrator shall identify 
        and provide to the Secretary of Agriculture, within six months 
        of enactment and annually thereafter, a list of agricultural 
        use pesticides--
                    ``(A) for which the Administrator is considering 
                regulatory action under section 4 or 6 that would 
                affect the availability of the pesticide. Such list 
                shall include the associated agricultural commodities 
                and pests which may be affected by regulatory action 
                regarding the pesticide,
                    ``(B) which otherwise pose significant risks to 
                human health and the environment, and
                    ``(C) for which there exists significant instances 
                of pest resistance.
            ``(2) Development of plans.--The Secretary shall review all 
        available alternatives to the pesticides contained in the list 
        provided in (b)(1). Not later than 6 months after the 
        Administrator provides the list to the Secretary, the Secretary 
        shall, in consultation with the Administrator, develop a 
        research and technology transfer plan for each pest-commodity 
        combination on the list for which there are insufficient 
        efficacious alternative pest control techniques that present 
        significantly less risk to human health or the environment. In 
        developing and implementing such plans, the Secretary shall 
        give highest priority to those pesticides identified in 
        subsection (b)(1)(A).
                    ``(A) The objectives of each plan shall be--
                            ``(i) to provide alternative pest control 
                        methods to growers who will otherwise be 
                        limited in the pest control methods available, 
                        and
                            ``(ii) to significantly reduce risks to 
                        humans and the environment.
                    ``(B) Each plan shall be developed and implemented 
                in a manner consistent with any schedules for 
                regulatory action in sections 4 and 6.
    ``(c) Research.--The research component of each plan shall--
            ``(1) identify all ongoing research which could support the 
        strategy and establish priorities for research to be undertaken 
        pursuant to the plan;
            ``(2) provide for the direct involvement of growers in 
        affected regions, educational or research institutions, and 
        other interested persons in the design, implementation and 
        evaluation of the plan; and
            ``(3) give priority to research in cultural pest controls, 
        biological pest controls, and other non-chemical pest controls.
    ``(d) Technology Transfer.--The technology transfer component of 
each plan shall--
            ``(1) be developed with direct involvement of affected 
        growers, educational or research institutions and other 
        interested persons;
            ``(2) provide for farm level education and technology 
        transfer of successful alternative pest controls; and
            ``(3) identify research projects nearing completion which 
        meet the objectives of this subsection and expedite technology 
        transfer of such research to growers.
    ``(e) Coordination With Registration Activities.--The Administrator 
shall give priority to applications of any pesticide meeting the 
criteria for reduced risk under section 9 that may be developed as part 
of the strategy implementation.
    ``(f) Implementation Plan.--The Secretary and the Administrator 
shall prepare annually and present to the House Agriculture Committee 
and the Senate Agriculture and Forestry Committee report on the 
progress of pest management for each agricultural commodity for which 
there exists a plan under paragraph (2). The report shall include an 
evaluation of whether the plans are meeting the objectives of paragraph 
(2). Evaluation shall be conducted by a committee that includes 
affected growers, researchers, members of the public and officials of 
USDA and EPA. The Secretary and the Administrator shall make necessary 
modifications to the plans, pursuant to such evaluation.
    ``(g) Use of Research funds.--
            ``(1) The Secretary shall allocate sufficient appropriated 
        funds to carry out the objectives of this section.
            ``(2) The Secretary may provide funds to carry out research 
        and technology transfer plans to which grower funds have been 
        committed, including grower check-off programs, marketing 
        orders or other grower funded activities. The Secretary shall 
        give priority to research which is partially funded by non-
        federal entities. No monies under this section may be made 
        available to persons directly or indirectly engaged in the 
        registration of pesticides under this Act for profit.
    ``(h) Duplication of Research Activities.--The Secretary shall 
ensure that research conducted under this section does not duplicate 
research being undertaken by other government agencies, academic 
institutions, or private entities.
    ``(i) Integrated Pest Management.--The Secretary of Agriculture, in 
consultation and cooperation with the Administrator shall establish a 
national goal for the adoption of integrated pest management 
techniques. Integrated pest management refers to the use of pest 
management techniques that includes reliance on field monitoring-data, 
use of economic thresholds in decision-making conservation of 
beneficial and non-target species, utilization of biologically based 
controls and other techniques which minimize the environmental and 
human health risks of pest management practices. The Secretary of 
Agriculture, in cooperation with the Administrator, shall implement 
research, demonstration, and education programs to support meeting the 
goals for adoption of integrated pest management, and shall collect 
such information as necessary to evaluate the extent to which the goal 
is being met. The Secretary of Agriculture and the Administrator shall 
make information on integrated pest management widely available to 
pesticide users, including federal agencies. Federal agencies shall use 
integrated pest management techniques in carrying out pest management 
activities and shall promote integrated pest management through 
procurement, regulatory policies, and other activities.
    ``(j) Use Reduction.--The Secretary, in cooperation with the 
Administrator, shall initiate pilot programs designed to establish and 
implement pesticide use reduction goals in selected ecosystems, in 
cooperation with agricultural producers, federal, state and local 
officials, and other appropriate public and private entities.''.

SEC. 10. MINOR USES.

    (a) Definition.--Section 2 (7 U.S.C. 136) is amended by adding at 
the end the following:
    ``(ii) Minor Use.--The term `minor use' means the use of pesticide 
on a commercial agricultural crop, on an animal, or for the protection 
of public health, for which the Administrator determines that--
            ``(1) the total United States acreage for the crop is less 
        than 300,000 acres and the average annual value of production 
        for the crop for the three calendar years most recently 
        completed does not exceed $500,000,000 adjusted upward annually 
        for inflation utilizing the Producer Price Index for Farm 
        Products; or
            ``(2) based on information supplied by the applicant, the 
        use does not provide sufficient economic incentive to support 
        initial or continued registration and one of the following 
        criteria applies--
                    ``(A) there are insufficient efficacious 
                alternative registered pesticides available for the 
                use;
                    ``(B) the alternatives to the pesticide pose 
                greater risks to the environment or human health; or
                    ``(C) the pesticide plays a significant part in 
                managing pest resistance.''.
    (b) Adequate Time For Submission of Minor Use Data.--Section 4 (7 
U.S.C. 136a) is amended by adding at the end the following:
    ``(m) Adequate Time For Submission of Minor Use Data.--
            ``(1) If--
                    ``(A) a registrant requests a waiver, within time 
                frames and in accordance with the terms established by 
                the Administrator for a minor use waiver of data 
                required under this section or section 3(c)(2)(B); and
                    ``(B) the Administrator denies in whole or in part 
                such waiver request;
        the registrant shall have the time period originally 
        established by the Agency for submission of such data, 
        beginning with the date of the Administrator's notification of 
        denial.
            ``(2) If a registrant requests additional time, within time 
        frames and in accordance with the terms established by the 
        Administrator, for submission of residue chemistry data for one 
        or more minor food uses, the Administrator may approve a time 
        extension for submission of such data until the final deadline, 
        established as of the date of the approval of the request, for 
        the submission of the last data required to support 
        reregistration of the pesticide active ingredient.
    ``(n) Continuation of Unsupported Minor Uses.--
            ``(1) Notwithstanding any other provision of this section, 
        the Administrator, on request of a registrant, may delay action 
        to delete a minor food or feed use for which the registrant has 
        not agreed to timely submit residue data necessary for 
        reregistration under this section. Provided that, the 
        Administrator may approve such delay only if the registrant 
        continues to timely submit all other data necessary for 
        reregistration and provided that the delay would not increase 
        the risk of unreasonable adverse effects on the environment or 
        impair the Administrator's ability to make the determination 
        required by subsection (g)(2). Such delay shall extend no 
        longer than the final deadline, established as of the date of 
        the approval of the request, for the submission of data for the 
        continued uses of the active ingredient.
            ``(2) The Administrator shall publish in the Federal 
        Register notice of minor uses that are approved for continued 
        use, and the date upon which such will be deleted from the 
        pesticide registrations. Each registrant must cease all 
        distribution and sale of products labeled for the minor use on 
        the established date.
            ``(3) The Administrator may by order and without hearing 
        delete a use continued under this subsection at any time prior 
        to the established date if no registrant is fulfilling data 
        requirements (other than residue chemistry data) necessary for 
        reregistration, or if the Administrator determines that the 
        delay may increase the risk of unreasonable adverse effects on 
        the environment or significantly impair the ability to make the 
        determination required by subsection (g)(2). If the registrant 
        does not comply with the order to remove the use from its 
        product registrations, the Administrator shall cancel 
        registrations containing the use by order without a hearing.
    ``(o) Authorization of Funds to Develop Public Health Data.--
            ``(1) For the purposes of this section, `Secretary' means 
        Secretary of Health and Human Services, acting through the 
        Public Health Service.
            ``(2) In the case of a pesticide registered for use in 
        public health programs for vector control or for other uses the 
        Administrator determines to be human health protection uses, 
        the Administrator shall upon timely request by the registrant 
        or any other interested person, or on the Administrator's own 
        initiative may, consult with the Secretary prior to taking 
        final action to suspend registration under section 
        3(c)(2)(B)(iv), or cancel a registration under sections 4, 6(e) 
        or 6(f). In consultation with the Secretary, the Administrator 
        shall prescribe the form and content of requests under this 
        section.
            ``(3) The Administrator, after consulting with the 
        Secretary, shall make a determination whether the potential 
        benefits of continued use of the pesticide for public health or 
        health protection purposes are of such significance as to 
        warrant a commitment by the Secretary to conduct or to arrange 
        for the conduct of the studies required by the Administrator to 
        support continued registration under section 3 or 
        reregistration under section 4.
            ``(4) If the Administrator determines that such a 
        commitment is warranted and in the public interest, the 
        Administrator shall notify the Secretary and shall, to the 
        extent necessary, amend a notice issued under section 
        3(c)(2)(B) to specify additional reasonable time periods for 
        submission of the data.
            ``(5) The Secretary shall make such arrangements for the 
        conduct of required studies as the Secretary finds necessary 
        and appropriate to permit submission of data in accordance with 
        the time periods prescribed by the Administrator. Such 
        arrangements may include, but are not limited to, Public Health 
        Service intramural research activities, grants, contracts or 
        cooperative agreements with academic, public health, or other 
        organizations qualified by experience and training to conduct 
        such studies.
            ``(6) The Secretary may provide for support of the required 
        studies using funds authorized to be appropriated under this 
        section, the Public Health Service Act, or other appropriate 
        authorities. After a determination is made under subsection 
        (d), the Secretary shall notify the Committees on 
        Appropriations of the House of Representatives and the Senate 
        of the sums required to conduct the necessary studies.
            ``(7) There is authorized to be appropriated to carry out 
        the purposes of this section $12,000,000 for fiscal year 1993, 
        and such sums as may be necessary for succeeding fiscal 
        years.''.

SEC. 11. PESTICIDE FEES.

    (a) Waiver of Fees for Biological Pesticides.--Section 4(i)(4) 
(U.S.C. 136a-1(i)(4)) is amended by--
            (1) renumbering subparagraph (C) as subparagraph (D); and
            (2) adding the following new subparagraph (C):
                    ``(C) A biological pesticide the value or volume of 
                use of which is small, shall be exempt from the fees 
                prescribed by paragraphs (1), (2), and (3).''.
    (b) Continuation of Maintenance Fees.--Section 4(i)(5)(E) (U.S.C. 
136a-1(4)(i)(5)(E)) is amended to read as follows:
                    ``(E) The authority provided under this paragraph 
                shall terminate on September 30, 1999.''.
    (c) Conforming Amendments.--
            (1) Section 4(i)(6) (U.S.C 136a-1(4)(i)(6) is repealed, and 
        subsection (7) is renumbered as subsection (6).
            (2) Section 4(i) (U.S.C 136a-1(4)(i)) is amended to add at 
        the end the following:
            ``(7) Supplemental reregistration fee.--
                    ``(A) In addition to fees required pursuant to 
                paragraphs (1)-(5), the registrants of pesticides that 
                contain an active ingredient that is listed under 
                subparagraphs (A), (B), (C), or (D) of subsection 
                (c)(2) and that is an active ingredient of any 
                pesticide registered for a major food or feed use shall 
                collectively pay a fee of up to $120,000 at such time 
                as the Administrator shall prescribe subject to the 
                limitation of subparagraph (C).
                    ``(B) In addition to fees required pursuant to 
                paragraphs (1)-(5), the registrants of pesticides that 
                contain an active ingredient that is listed under 
                subparagraphs (A), (B), (C), or (D) of subsection 
                (c)(2) and that is not an active ingredient of any 
                pesticide registered for a major food or feed use shall 
                collectively pay a fee of up to $60,000 at such time as 
                the Administrator shall prescribe subject to the 
                limitation of subparagraph (D).
                    ``(C) The first \1/2\ of the total fee due under 
                subparagraph (A) or (B) shall be paid not later than 
                nine months after the effective date of this paragraph 
                and the remaining \1/2\ not later than 21 months after 
                the effective date of this paragraph.
                    ``(D) If 2 or more registrants are required to pay 
                any fee prescribed by subparagraph (A) or (B) with 
                respect to a particular active ingredient, the fees for 
                such active ingredient shall be apportioned among such 
                registrants on the basis of the market share in United 
                States sales of the active ingredient for the calendar 
                years 1990 through 1992; provided, that no fee shall be 
                collected from registrants owing less than $100.00.
                    ``(E) The Administrator, by order, may require any 
                registrant to submit such reports as the Administrator 
                determines to be necessary to allow the Administrator 
                to determine and apportion fees under subparagraph (A) 
                or (B), and (D), or to determine the registrant 
                eligibility for a reduction or waiver of a fee.
                    ``(F) If a report required under subparagraph (E) 
                is not submitted by a registrant by the time 
                prescribed, or if any fee prescribed by subparagraph 
                (A) or (B) for an active ingredient is not paid by a 
                registrant to the Administrator by the time prescribed, 
                the Administrator, by order and without hearing, may 
                cancel each registration held by such registrant of a 
                pesticide containing the active ingredient with respect 
                to which the reporting requirement or fee is imposed.
                    ``(G) An active ingredient that is contained only 
                in pesticides that are registered solely for 
                agricultural or non-agricultural minor uses, or a 
                pesticide the value or volume of use of which is small, 
                shall be exempt from the fees prescribed by 
                subparagraph (B).
                    ``(H) A biological pesticide shall be exempt from 
                the fees prescribed by subparagraphs (A) and (B).
            ``(8) Pesticide product reregistration fees.--
                    ``(A) For all determinations pursuant to subsection 
                (g)(2) that a pesticide is eligible for reregistration, 
                the registrant of that pesticide shall pay a fee of 
                $750 for each affected product.
                    ``(B) The amount of the fee prescribed under 
                subparagraph (A) may be adjusted by the Administrator 
                to a level that will result in the collection under 
                this paragraph of, to the extent practicable, an 
                aggregate amount of at least $4,000,000, over 4 years 
                after enactment.
                    ``(C) If any fee prescribed by this paragraph is 
                not paid within 90 days of the registrant's receipt of 
                the reregistration eligibility determination specified 
                in section 4(g)(2), or within 270 days after enactment 
                of this subparagraph, whichever is later, the 
                Administrator, by order and without hearing, may cancel 
                the current registration and deny reregistration for 
                the pesticide for which the fee is not paid.
                    ``(D) In the case of a pesticide that is registered 
                for a minor agricultural use or the value of volume of 
                use of which is small, the Administrator may reduce or 
                waive the payment of the fee imposed under this 
                paragraph if the Administrator determines that the fee 
                would significantly reduce the availability of the 
                pesticide for the use.
                    ``(E) The cumulative maximum fees payable by a 
                single registrant under this paragraph shall be 
                $75,000. A registrant shall be required to pay no more 
                than one fee for each product.''.

SEC. 12. USE-BY-PRESCRIPTION.

    Section 3(d)(1)(C)(ii) (7 U.S.C. 136a(d)(1)(C)(ii)) is amended and 
subsection (iii) is added at the end:
                            ``(ii) If the Administrator classifies a 
                        pesticide, or one or more uses of a pesticide, 
                        for restricted use because of a determination 
                        that its use without additional regulatory 
                        restriction may cause unreasonable adverse 
                        effects on the environment, the pesticide shall 
                        be applied only by or under the direct 
                        supervision of a certified applicator, or 
                        subject to such other restrictions as the 
                        Administrator may provide by regulation. A 
                        restricted use classification or a change in 
                        classification of any use of a pesticide from 
                        general to restricted use established by rule 
                        under this clause shall not be subject to the 
                        provisions of section 6(b).
                            ``(iii) The Administrator may include a 
                        provision in a rule issued pursuant to 
                        subsection (ii) restricting a pesticide to use 
                        only by prescription if the Administrator 
                        determines that retaining the use of a 
                        pesticide subject to such restriction is 
                        necessary for integrated pest management 
                        programs, pest resistance programs or otherwise 
                        to reduce risk. If the Administrator includes 
                        such a provision in a rule issued pursuant to 
                        paragraph (ii), the Administrator shall (I) 
                        prohibit the use of the pesticide in any state 
                        for which the state has not developed, in 
                        accordance with criteria establish by the 
                        Administrator, an appropriate state 
                        prescription use plan, or (II) establish 
                        criteria for issuing pesticide use 
                        prescriptions, and may authorize persons 
                        qualified under such criteria to issue 
                        prescriptions pursuant to the rule.''.

SEC. 13. JUDICIAL REVIEW.

    (a) Review by Courts of Appeals.--Sections 16(b) (7 U.S.C. 136n(b)) 
and 16(c) (7 U.S.C. 136n(c)) are amended to read as follows:
    ``(b) Review by Courts of Appeals.--
            ``(1) Review in the district of columbia circuit.--A 
        petition for review of any of the following actions of the 
        Administrator may be filed by any adversely affected person 
        only in the United States Court of Appeals for the District of 
        Columbia Circuit:
                    ``(A) The promulgation of any regulations by the 
                Administrator under this Act, or a final determination 
                maintaining in effect a final rule under section 
                6(i)(5)(A)(iii) of this Act.
                    ``(B) A final order of the Administrator canceling 
                or suspending a pesticide registration in whole or in 
                part or concluding that a pesticide registration should 
                not be canceled or suspended.
                    ``(C) A final order of the Administrator approving 
                or denying an application for a pesticide registration.
                    ``(D) A final order of the Administrator changing 
                the classification of any use of a pesticide.
                    ``(E) A final order of the Administrator responding 
                to objections to a notice requiring changes in the 
                labeling, packaging, or composition of a pesticide.
                    ``(F) A final order of the Administrator denying a 
                petition seeking to suspend or cancel a pesticide 
                registration, to deny an application for a 
                registration, to reconsider whether a registration 
                should be suspended, or to change the classification of 
                a pesticide.
                    ``(G) A final determination of the Administrator to 
                renew a pesticide registration under section 3(g)(4).
                    ``(H) A final determination of the Administrator 
                resulting in the expiration of a registration under 
                section 3(g)(5).
                    ``(I) A final order issuing or denying an emergency 
                exemption to a Federal agency.
            ``(2) Review by other courts of appeals.--A petition for 
        review of any of the following actions of the Administrator may 
        be filed by any adversely affected person only in the United 
        States court of appeals for the circuit in which the State in 
        question is located or in which a hearing assessing a civil 
        penalty occurred:
                    ``(A) A final order following a hearing assessing a 
                civil penalty.
                    ``(B) A final order of the Administrator 
                determining that a State shall have primary enforcement 
                authority pursuant to section 26 of this Act.
                    ``(C) A final order of the Administrator rescinding 
                primary enforcement authority pursuant to section 27 of 
                this Act.
                    ``(D) A final order of the Administrator approving 
                or disapproving a State certification plan for 
                pesticide applicators pursuant to section 11 of this 
                Act.
                    ``(E) A final order approving or disapproving a 
                State plan for the issuance of experimental use permits 
                under section 5 of the Act.
                    ``(F) A final order of the Administrator 
                disapproving a State's registration of a pesticide or 
                suspending a State's authority to register pesticides 
                pursuant to section 24 of this Act.
                    ``(G) A final order issuing or denying an emergency 
                exemption to a State.
            ``(3) Procedure.--Except as provided in paragraph (4) of 
        this subsection, any petition for review under paragraph (1) or 
        (2) of this subsection must be filed within sixty days of the 
        final action unless the petition for review is based solely on 
        grounds arising after the sixtieth day. Judicial review shall 
        be in accordance with sections 701 through 706 of Title 5 of 
        the United States Code, and the challenged action shall be 
        sustained unless it is found to be arbitrary, capricious, an 
        abuse of discretion, or not in accordance with law. Actions of 
        the Administrator with respect to which review could have been 
        obtained under this subsection shall not be subject to judicial 
        review in civil or criminal proceedings for enforcement.
            ``(4) Imminent hazard suspension.--Any petition for review 
        under paragraph (1) of a suspension order or denial of a 
        petition to reconsider suspension issued by the Administrator 
        pursuant to section 6(c) of this Act must be filed within ten 
        (10) days of publication of the suspension order in the Federal 
        Register, or, in the case of a challenge of the denial of a 
        petition to reconsider suspension, within twenty (20) days of 
        publication of the Administrator's order denying the petition 
        for reconsideration. The commencement of proceedings under this 
        paragraph shall not operate as a stay of the suspension order 
        unless otherwise ordered by the court. The effect of any order 
        of the court of appeals will be only either to stay or uphold 
        the effectiveness of the suspension order, pending the 
        Administrator's final determination with respect to 
        cancellation. Review of a suspension order issued pursuant to 
        section 6(c)(1), or review of the petitioner's likelihood of 
        success on the merits of the case pursuant to a request for a 
        temporary stay from the suspension order, shall be based solely 
        on the information available to the Agency as of the date the 
        Administrator issued the suspension order. Other information 
        not available to the Administrator in issuing the suspension 
        order under section 6(c)(1) may be introduced solely through 
        the procedures for reconsideration of a suspension order set 
        forth in section 6(c)(4).
    ``(c) Jurisdiction of District Court.--The district courts of the 
United States are vested with jurisdiction over--
            ``(1) actions to enforce, and to prevent and restrain 
        violations of, this Act; and
            ``(2) challenges to any other final actions that are not 
        committed to the Administrator's discretion by law and which 
        are not subject to review in the courts of appeals under 
        subsection (a) of this section.''.

SEC. 14. INDEMNIFICATION.

    (a) Indemnification.--Section 15 (7 U.S.C. 136m) is amended by 
adding at the end the following:
    ``(d) Time Limitation for Indemnity Payment.--Any claim for an 
indemnity payment from the United States under subsection (a) or (b) 
shall be barred unless it is made no later than--
            ``(1) 1 year after enactment of this subsection if the 
        pesticide was canceled prior to the enactment of this 
        subsection; or
            ``(2) 3 years after cancellation if the pesticide was 
        canceled after the enactment of this section.''.

SEC. 15. CERTIFICATION AND TRAINING.

    Instruction in Integrated Pest Management Techniques.--Section 
11(c) (7 U.S.C. 136i(c)) 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 the State plans 
submitted to the Administrator under subsections (a) and (b), shall 
include provisions for making instructional materials concerning 
integrated pest management techniques available to individuals at their 
request in accordance with the provisions of section 23(c) of this Act. 
The Administrator and States implementing such plans shall provide that 
all interested individuals are notified of the availability of such 
instructional materials.''.

SEC. 16. PESTICIDE RECORDKEEPING.

    Section 7 U.S.C. 136i-1(a) is amended as follows:
            (1) In subsection (1), by striking ``certified 
        applicators'' through ``136a(d)(1)(C) of this title'' and 
        inserting ``users of pesticides when used in agricultural 
        production''.
            (2) In subsection (2), by striking ``a commercial 
        certified'' and inserting ``a pesticide user.''
            (3) In subsection (b), by striking ``individual 
        applicators'' and inserting ``individual users.''

SEC. 17. ENFORCEMENT.

    (a) Definitions.--
            (1) Sections 2(e) (7 U.S.C. 136e) is amended as follows:
    ``(e) Applicator.--
            ``(1) Certified applicator.--The term `certified 
        applicator' means any individual who is certified under section 
        136b of this title as authorized to use or supervise the use of 
        any pesticide which is classified for restricted use. Any 
        applicator who holds or applies registered pesticides, or uses 
        dilutions of registered pesticides consistent with subsection 
        (ee) of this section, only to provide a service of controlling 
        pests without delivering any unapplied pesticide to any person 
        so served is not deemed to be a seller or distributor of 
        pesticides under this subchapter.
            ``(2) Commercial applicator.--
                    ``(A) Except as provided in subparagraph (3), the 
                term `commercial applicator' means a person who--
                            ``(i) uses or supervises the use, for any 
                        purpose or on any property, of any pesticide 
                        that is classified for restricted use;
                            ``(ii) uses or supervises the use of any 
                        pesticide for hire as a principal part of the 
                        business or work of the person; or
                            ``(iii) as an employee of a person 
                        described in clause (ii), uses or supervises 
                        the use of any pesticide.
            ``(3) Private applicator.--The term `private applicator' 
        means a person who uses or supervises the use of any pesticide 
        that is classified for restricted use for purposes of producing 
        any agricultural product--
                    ``(A) on property owned or rented by such person or 
                the employer of such person; or
                    ``(B) on other property if applied without 
                compensation (other than trading of personal services 
                between producers of agricultural products).
            ``(4) Under the direct supervision of a certified 
        applicator.--Unless otherwise prescribed by its labeling, a 
        pesticide shall be considered to be used under the direct 
        supervision of a certified applicator if the pesticide is 
        applied by a person acting under the instructions and control 
        of a certified applicator who is available if and when needed, 
        even though such certified applicator is not physically present 
        at the time and place the pesticide is used.''.
            (2) Section 2 (7 U.S.C. 136) is amended by adding at the 
        end the following:
    ``(jj) Pesticide Testing Facility.--The term `pesticide testing 
facility' means any place where any person conducts any test, study, 
survey, or investigation of the properties, effects, or behavior of any 
pesticide (or any ingredient, metabolite, or degradation product 
thereof), device, or container or packaging of any pesticide or device, 
on its own behalf or on behalf of any registrant, applicant for 
registration, or other person who sells or distributes the pesticide. 
The term does not include any place solely on account of--
            ``(1) the participation of a commercial agricultural 
        producer as a cooperator in field testing of a pesticide; or
            ``(2) the conduct of academic research at the facility.
    ``(kk) Pesticide Dealer.--The term `pesticide dealer' means any 
person who, in the ordinary course of business, distributes or sells 
any pesticide.
    ``(ll) Agricultural Producer.--The term `agricultural producer' as 
used in this Chapter means a person who produces any plant, or part 
thereof, or animal, or animal product, primarily for sale, consumption, 
propagation, or other use by humans or animals, including farmers, 
ranchers, vineyardists, plant propagators, Christmas tree growers, 
aquaculturalists, floriculturalists, orchardists, foresters, or other 
comparable persons, but not including C corporations as defined in 26 
U.S.C. 1362 (a)(2).''.
    (b) Recordkeeping.--Section 8 (7 U.S.C. 136f) is amended to read as 
follows:

``SEC. 8. RECORDS.

    ``(a) Authority To Require Records.--
            ``(1) In general.--The Administrator, by regulation, shall 
        require any producer, distributor, importer or exporter of a 
        pesticide, registrant, applicant for registration, applicant 
        for or holder of an experimental use permit, pesticide testing 
        facility, or any holder of a pesticide that is the subject of a 
        regulation or order issued under section 19(b) or under 
        subsection 106--
                    ``(A) to prepare, and to maintain for reasonable 
                periods of time, such records as the Administrator 
                finds to be necessary for the effective implementation 
                or enforcement of this Act;
                    ``(B) to furnish to the Administrator reports 
                stating the location where the records are maintained; 
                and
                    ``(C) to furnish a copy of any such record to the 
                Administrator on written request.
            ``(2) Records of commercial applicators.--The 
        Administrator, by regulation, shall require each commercial 
        applicator to maintain, and may require a commercial applicator 
        to provide the Administrator, records of each pesticide 
        application, including the identity and quantity of pesticide 
        applied and the date and location of such application, for a 
        period of 5 years after each such application.
            ``(3) Records of pesticide dealers.--
                    ``(A) In general.--The Administrator, by 
                regulation, shall require each pesticide dealer to 
                maintain a record of each sale or distribution of--
                            ``(i) a pesticide classified for restricted 
                        use; and
                            ``(ii) any other pesticide designated for 
                        purposes of this subsection by order by the 
                        Administrator if the Administrator determines 
                        that such records may be necessary to carry out 
                        the purposes of this Act.
                    ``(B) Contents.--Such records shall include the 
                identity of the pesticide sold or distributed, the 
                identify of the person to whom the pesticide was 
                distributed or sold, the date of the distribution or 
                sale, and the amount of the pesticide distributed or 
                sold.
                    ``(C) Duration.--A pesticide dealer shall maintain 
                the records required under this subsection for 5 years 
                after the date of the distribution or sale.
    ``(b) Limitations.--The Administrator may not, under the authority 
of subsection (a), require any person to maintain records of--
            ``(1) financial data, pricing data, or sales data other 
        than shipment data;
            ``(2) personnel data, except for data concerning exposure 
        of employees to pesticides or ingredients of pesticides, or 
        concerning health effects on employees that could reasonably be 
        attributable to such exposure; or
            ``(3) research or test data other than--
                    ``(A) data relating to a registered pesticide;
                    ``(B) data relating to any pesticide for which an 
                application for registration or for an experimental use 
                permit has been filed;
                    ``(C) data relating to any pesticide for which an 
                exemption pursuant to section 18 has been requested;
                    ``(D) data relating to any pesticide for which a 
                regulation has been promulgated pursuant to section 
                3(a);
                    ``(E) data relating to testing at a pesticide 
                testing facility; or
                    ``(F) data relating to the storage or disposal of a 
                pesticide whose registration has been suspended or 
                canceled.''.
    (c) Inspection Authority.--Section 9 (7 U.S.C. 136g) is amended to 
read as follows:
    ``(a) Authority to Enter, Inspect, Copy, and Obtain Samples.--An 
officer or employee of the United States or of any State, duly 
designated by the Administrator, is authorized at reasonable times as 
provided by this section--
            ``(1) to enter and inspect--
                    ``(A) any place where any pesticide, active 
                ingredient, or device is produced, sold, distributed, 
                stores, packaged, used, or found;
                    ``(B) any place where any records required under 
                this Act are kept;
                    ``(C) any pesticide testing facility;
                    ``(D) any place where such officer or employee has 
                reason to believe that this Act has been or is being 
                violated; or
                    ``(E) any place when the Administrator or States 
                seek information as part of an inquiry into specific 
                environmental or health problems; and
            ``(2) to obtain--
                    ``(A) samples of any pesticide (or any ingredient, 
                metabolite, or degradation product thereof) or device, 
                or any container or packaging of any pesticide or 
                device;
                    ``(B) copies of any records required under this Act 
                or of any labels or labeling of a pesticide, active 
                ingredient or device;
                    ``(C) copies of documents related to compliance 
                with the provisions of this Act;
                    ``(D) copies of any data or samples of any 
                specimens involved in the testing of any pesticide (or 
                any ingredient, metabolite, or degradation product 
                thereof) or device; or
                    ``(E) samples of any places where pesticide 
                residues may be found, including without limitation, 
                agricultural commodities, animals, pests, soil, or 
                water:
        Provided, That, nothing in this Act shall be construed as 
        authorizing officers or employees of the United States or of 
        any State to enter and inspect private residences or land, 
        property and appurtenances used in agricultural production 
        unless there is a suspected violation of this Act or the 
        Administrator or any State is seeking information as part of an 
        inquiry into specific environmental or health problems.
    ``(b) Administrative Warrants.--An officer or employee of the 
United States or of any State, duly authorized by the Administrator, is 
empowered to obtain and execute warrants authorizing--
            ``(1) entry, inspection, and obtaining of evidence for the 
        purposes of this section or section 8;
            ``(2) inspection and copying of all records required under 
        this Act or documents related to compliance with the provisions 
        of this Act; and
            ``(3) seizure of any pesticide, device, active ingredient, 
        labeling, or packaging that is in violation of this Act.
    ``(c) Procedure.--
            ``(1) Credentials and statements.--Before any entry or 
        inspection of any premises not open to the general public is 
        made under this section, the person conducting the inspection 
        shall present to the person in charge of the premises 
        appropriate credentials, and a written statement of the reason 
        for the entry or inspection and whether a violation of this Act 
        is suspected.
            ``(2) Promptness.--Each entry or inspection shall be 
        commenced and completed with reasonable promptness.
            ``(3) Samples.--If the person conducting the entry or 
        inspection obtains any samples pursuant to subparagraph 
        9(a)(2), before leaving the premises such person shall give to 
        the person in charge of the premises a receipt describing the 
        sample and, if requested and practicable, a portion of each 
        such sample equal in volume or weight to the portion retained. 
        If an analysis is made of any such sample, a copy of the 
        results of such analysis shall be furnished on request to the 
        person in charge of the premises.
    ``(d) Coordination.--The Administrator shall coordinate actions 
taken under this section with actions taken under other Federal laws 
for the purpose of avoiding duplication of inspections.''.
    (d) Confidential Business Information to States.--Section 10 (7 
U.S.C. 136h) is amended by adding at the end the following:
    ``(h) Data Disclosure to States.--The Administrator may disclose to 
a State any data or information acquired under this Act if the State 
assures the Administrator, and the Administrator determines, that--
            ``(1) the submitter of the data or information will receive 
        no less protection with respect to the disclosure and use of 
        the data or information by the State than is otherwise provided 
        by this Act; and
            ``(2) the laws of the State allow the submitter of the data 
        or information to recover just compensation in a civil action 
        against the State for losses resulting from the disclosure or 
        use of the data or information by the State or its employees or 
        agents in a manner inconsistent with this Act.''.
    (e) Unlawful Acts.--
            (1) Section 12(a)(1) (7 U.S.C. 136j(a)(1)) is amended to 
        read as follows:
    ``(a) In General.--
            ``(1) Except as provided in subsection (b), it shall be 
        unlawful for any person in any state to fail or refuse to 
        comply with any rule promulgated or order issued under Section 
        3, 4, or 8 of this Act, or to distribute or sell to any 
        person--''.
            (2) Section 12(a)(2)(B) (7 U.S.C. 136j (a)(2)(B)) is 
        amended to read as follows:
                    ``(B) to refuse to--
                            ``(i) prepare, maintain, or submit any 
                        records required by or under section 5, 7, 8, 
                        11, 17, or 19;
                            ``(ii) submit any reports required by or 
                        under section 5, 6, 7, 8, 11, 17, or 19; or
                            ``(iii) allow any entry, inspection, 
                        copying of records, or sampling authorized by 
                        this Act.''.
            (3) Sections 12(a)(2) (I), (M), (N), and (O) (7 U.S.C. 
        136j(a)(2) (I), (M), (N), (O)) are amended to read as follows:
                    ``(I) to violate any order or subpoena issued under 
                section 13.
                    ``(M) to knowingly make any false material 
                statement, representation or certification in, fail to 
                maintain, omit material information from, or alter, 
                conceal or fail to file, any notice, application, 
                record, report or other document or information 
                required pursuant to this Act to be submitted, filed or 
                maintained (whether such requirement is imposed by the 
                Administrator or by a state).
                    ``(N) who is a registrant, wholesaler, dealer, 
                retailer or other distributor, commercial applicator, 
                or private applicator, to fail to file reports required 
                by this Act.
                    ``(O) to violate any regulation issued pursuant to 
                this Act.''.
            (4) Section 12(a)(2) (7 U.S.C. 136j(a)(2)) is amended by 
        adding at the end the following:
                    ``(U) who is a registrant, to violate any term or 
                condition of a registration issued pursuant to this 
                Act.
                    ``(V) to violate any administrative order issued 
                pursuant to section 14(b) of the Act.''.
            (5) Section 12 (7 U.S.C. 136(j)) is amended by adding at 
        the end the following:
    ``(c) Acts of Officers, Agents, Etc.--When construing and enforcing 
the provisions of this Act, the act, omission, or failure of any 
officer, employee, agent, or other person acting for or employed by any 
person shall be deemed to be the act, omission, or failure of such 
person as well as that of the person employed.''.
    (f) Subpoenas.--Section 13 (7 U.S.C. 136k) is amended by adding at 
the end the following:
    ``(e) Subpoena Authority.--In carrying out this Act, the 
Administrator may by subpoena require the attendance and testimony of 
witnesses and the production of reports, papers, documents, answers to 
questions, and other information that the Administrator deems 
necessary. Witnesses shall be paid the same fees and mileage that are 
paid witnesses in the courts of the United States. In the event of 
contumacy, failure, or refusal of any person to obey any such subpoena, 
any district court of the United States in which venue is proper shall 
have jurisdiction to order any such person to comply with such 
subpoena. Any failure to obey such an order of the court is punishable 
by the court as a contempt thereof.''.
    (g) Enforcement Authority.--Section 14 (7 U.S.C. 1361) is amended 
to read as follows:
    ``(a) Enforcement Authorities.--
            ``(1) Whenever, on the basis of any information available 
        to the Administrator, the Administrator finds that any person 
        has violated, or is in violation of, any requirement of this 
        Act, including, but not limited to, a requirement or 
        prohibition of any rule, order, or registration promulgated, 
        issued, or approved under this Act, the Administrator may--
                    ``(A) issue an administrative order in accordance 
                with subsection (b) of this section, requiring such 
                person to comply with such requirement or prohibition;
                    ``(B) issue an administrative penalty order in 
                accordance with subsection (c) of this section;
                    ``(C) request the Attorney General to commence a 
                civil action in accordance with subsection (d) of this 
                section; or
                    ``(D) request the Attorney General to commence a 
                criminal action in accordance with subsection (e) of 
                this section.
            ``(2) Notice to state.--A copy of any (1) administrative 
        order issued pursuant to subsection (b) of this section, (2) 
        administrative penalty order issued pursuant to subsection (c) 
        of this section, or (3) civil judicial complaint filed pursuant 
        to subsection (d) or subsection (g) of this section shall be 
        sent to the State agency regulating pesticides in the State in 
        which the violation occurs.
            ``(3) Warning notices.--The Administrator may issue a 
        warning notice for a first-time violation of the Act by a 
        private applicator, unless the violation is a knowing 
        violation.
    ``(b) Requirements for Administrative Orders.--
            ``(1) In general.--Any person who has violated, or is in 
        violation of, any provision of this Act or a regulation 
        promulgated thereunder, may be ordered by the Administrator to 
        cease their violative activities or to comply with applicable 
        requirements of this Act or regulations issued under this Act.
            ``(2) Contents of order.--Any order issued under this 
        subsection shall state with reasonable specificity the nature 
        of the violation and specify a time for compliance which the 
        Administrator determines is reasonable, taking into account the 
        seriousness of the violation and any good faith efforts to 
        comply with applicable requirements. An order issued under this 
        subsection shall require the person to whom it was issued to 
        comply with the requirement immediately or within a specified 
        time period, but in no event longer than one year after the 
        date the order was issued.
            ``(3) Violation of order.--If a violator fails to take 
        corrective action within the time specified in the order, the 
        Administrator may assess a civil penalty of not more than 
        $25,000 for each day of continued noncompliance with the order.
            ``(4) Consultation with administrator.--The recipient of an 
        order issued under this section (other than an administrative 
        penalty order as described in subsection (c)), shall have an 
        opportunity, within 10 days of the order's issuance, to consult 
        with the Administrator or any duly designated representative 
        concerning the alleged violation.
            ``(5) Other remedies and obligations.--No order issued 
        under this subsection shall prevent the State or the 
        Administrator from assessing any penalties nor otherwise affect 
        or limit the State's or the United States' authority to enforce 
        under other provisions of this Act, nor affect any person's 
        obligations to comply with any section of this Act or with a 
        term or condition of any registration approved under this Act.
            ``(6) Timing of review.--No Federal court shall have 
        jurisdiction under any Federal or State law to review any order 
        issued under this subsection in any action except an action to 
        enforce an order issued under this subsection or to recover a 
        civil penalty for violation of, or noncompliance with, such 
        order.
    ``(c) Administrative Assessment of Civil Penalties.--
            ``(1) In general.--Any person who has violated, or is in 
        violation of, any provision of this Act or regulation 
        promulgated thereunder shall be liable to the United States for 
        a civil penalty in an amount not to exceed $25,000 or the 
        economic benefit of noncompliance, whichever is higher, for 
        each such violation. Each day such a violation continues shall, 
        for purposes of this subsection, constitute a separate 
        violation of the Act. The Administrator's authority under this 
        paragraph shall be limited to matters where the total penalty 
        sought does not exceed $400,000, except where the Administrator 
        and the Attorney General jointly determine that a matter or 
        matters involving a larger penalty amount are appropriate for 
        administrative penalty action. Any such determination by the 
        Administrator and the Attorney General shall not be subject to 
        judicial review.
            ``(2) Hearing.--A civil penalty for a violation of this Act 
        shall be assessed by the Administrator by an order made on the 
        record after an opportunity (provided in accordance with this 
        subparagraph) for a hearing in accordance with section 554 of 
        Title 5, United States Code. Before issuing such an order, the 
        Administrator shall give written notice to the person to be 
        assessed a civil penalty under such order by the Administrator, 
        and shall provide such person an opportunity to request, within 
        15 days of the date the notice is received by such person, such 
        a hearing on the order.
            ``(3) Determination of penalty.--In determining the amount 
        of a civil penalty, the Administrator shall take into account 
        the nature, circumstances, extent, and gravity of the violation 
        or violations and, with respect to the violator, ability to 
        pay, effect on ability to continue to do business, any history 
        of prior such violations (including whether the violation was a 
        first-time violation), the degree of culpability, the economic 
        benefit of noncompliance and such other matters as justice may 
        require.
            ``(4) The minimum penalty the Administrator must assess 
        under this subsection upon a determination of liability is the 
        amount of the economic benefit resulting from the violation, 
        where such economic benefit, if any, is calculable, provided 
        that nothing in this subsection shall limit the Administrator's 
        discretion to issue warning notices pursuant to section 
        14(a)(3) of the Act.
            ``(5) Modification of penalty.--The Administrator may 
        compromise, modify, or remit, with or without conditions, any 
        civil penalty which may be imposed under this subsection. The 
        amount of such penalty, or the amount agreed upon in 
        compromise, may be deducted from any sums owing by the United 
        States to the person charged.
            ``(6) Judicial review.--Any person who requested in 
        accordance with paragraph (2) a hearing respecting the 
        assessment of a civil penalty and who is aggrieved by an order 
        assessing a civil penalty, or against whom a civil penalty is 
        assessed under paragraph (8) of this subsection, may seek 
        judicial review in accordance with section 16(a)(2) of the Act.
            ``(7) Failure to pay.--
                    ``(A) If a person fails to pay an assessment of a 
                civil penalty--
                            ``(i) after the order making the assessment 
                        has become a final order and if such person 
                        does not file a petition for judicial review of 
                        the order in accordance with paragraph (5), or
                            ``(ii) after a court in an action brought 
                        under paragraph (5) has entered a final 
                        judgment in favor of the Administrator,
                the Attorney General shall recover the amount assessed 
                (plus interest at currently prevailing rates from the 
                date of the expiration of the 30-day period referred to 
                in paragraph (5) or the date of such final judgment, as 
                the case may be) in an action brought in any 
                appropriate district court of the United States. In 
                such an action, the validity, amount and 
                appropriateness of such penalty shall not be subject to 
                review.
                    ``(B) Any person who fails to pay on a timely basis 
                a civil penalty ordered and assessed under this section 
                shall be required to pay, in addition to such penalty 
                and interest, the United States enforcement expenses, 
                including but not limited to attorneys fees and costs 
                incurred by the United States for collection 
                proceedings and a quarterly nonpayment penalty for each 
                quarter during which such failure to pay persists. Such 
                nonpayment penalty shall be 10 percent of the aggregate 
                amount of such person's outstanding penalties and 
                nonpayment penalties accrued as of the beginning of 
                each quarter.
            ``(8) Subpoenas.--The Administrator, in connection with 
        administrative proceedings under this subsection, may issue 
        subpoenas compelling the attendance and testimony of witnesses 
        and the production of documents, and may request the Attorney 
        General to bring an action to enforce any subpoena issued under 
        this paragraph. The district courts of the United States shall 
        have jurisdiction to enforce such subpoenas and impose 
        sanctions.
    ``(d) Civil Judicial Enforcement.--
            ``(1) In general.--The Administrator may commence a civil 
        action for a temporary or permanent injunction, and/or to 
        compel compliance, and/or to assess and recover a civil penalty 
        of not more than $25,000 or the economic benefit of 
        noncompliance, whichever is higher, for each day of violation, 
        whenever such person has violated or is in violation of a 
        requirement or prohibition of this Act, or a regulation 
        promulgated thereunder.
            ``(2) Jurisdiction.--Any action under this subsection may 
        be brought in the district court for the United States for the 
        district in which the violation is alleged to have occurred, or 
        is occurring, or in which the defendant resides, or where the 
        defendant's principal place of business is located, and such 
        court shall have jurisdiction to restrain such violation, to 
        require compliance, to assess civil penalties, to collect any 
        fees owed the United States under this Act, and to award any 
        other appropriate relief.
            ``(3) Determination of penalty.--In determining the amount 
        of a civil penalty, the court shall take into account the 
        factors enumerated in subsection (c)(3) of this section.
            ``(4) Minimum penalty.--The minimum penalty the court must 
        assess under this subsection upon a determination of liability 
        is the amount of the economic benefit, if any, resulting from 
        the violation, where such economic benefit is calculable.
    ``(e) Criminal Penalties.--
            ``(1) Any person who negligently commits any act prohibited 
        under section 136j of this Title shall, upon conviction, be 
        punished by a fine of not more than $25,000 for each day of 
        violation, or by imprisonment for not more than one year, or 
        both. If the conviction is for a violation committed after a 
        first conviction of such person under this paragraph, the 
        maximum punishment shall be doubled with respect to both fine 
        and imprisonment.
            ``(2) Any person who knowingly commits any act prohibited 
        under section 136j of this Title shall, upon conviction, be 
        punished by a fine of not more than $50,000 for each day of 
        violation, or by imprisonment for not more than 5 years, or 
        both. If the conviction is for a violation committed after a 
        first conviction of such person under this paragraph, the 
        maximum punishment shall be doubled with respect to both fine 
        and imprisonment.
            ``(3)(A) Any person who commits any violation under 
        paragraph (2) of this subsection and in the course of or in 
        connection with committing such violation knows at the time 
        that he places another person in imminent danger of death or 
        serious bodily injury, shall, upon conviction, be punished by a 
        fine of not more than $250,000 or imprisonment of not more than 
        15 years, or both. A person which is an organization shall, 
        upon conviction of violating this subparagraph, be subject to a 
        fine of not more than $1,000,000. If a conviction of a person 
        is for a violation committed after a first conviction of such 
        person under this subparagraph, the maximum punishment shall be 
        doubled with respect to both fine and imprisonment.
            ``(B) For purposes of this subparagraph--
                    ``(i) the term `imminent danger' means the 
                existence of a condition or set of conditions that 
                could reasonably be expected to cause death or serious 
                bodily injury unless the condition is remedied; and
                    ``(ii) the term `serious bodily injury' means 
                bodily injury which involves a substantial risk of 
                death, unconsciousness, extreme physical pain, 
                protracted and obvious disfigurement, or protracted 
                loss or impairment of the function of a bodily member, 
                organ, or mental faculty.
            ``(4) Notwithstanding any other provision of law, a court 
        may make the following disposition of fines imposed under this 
        Title, in addition to payment, if any, to the United States 
        Treasury.
                    ``(A) Upon recommendation of the United States, and 
                in accordance with the terms of such recommendation, 
                the court may pay to an individual who has given 
                information or services leading to a criminal 
                conviction under this Title an amount from the criminal 
                fine assessed as a result of any violation of this 
                subchapter not more than the lesser of one-half the 
                fine imposed or $50,000.
                    ``(B) Upon recommendation of the United States, and 
                in accordance with the terms of such recommendation, 
                the court may pay to any state, municipality or other 
                political subdivision of a state, which has given 
                significant support to the prosecution or investigation 
                leading to a conviction under this Title, an amount not 
                more than one-half of the fine imposed for that 
                conviction.
    ``(f) Emergency Powers.--Notwithstanding any other provision of 
this Act, the Administrator, upon receipt of evidence that a specific 
use of a pesticide or pesticide device is presenting an imminent and 
substantial endangerment to public health or welfare, or the 
environment, may request the Attorney General to bring suit on behalf 
of the United States in the appropriate United States district court to 
immediately restrain any person using such pesticide or device to stop 
the activity or to take such other action as may be necessary, provided 
that relief under this subsection does not include suspension under 
Section 6(c) of the Act and is not available where the Administrator, 
in his discretion, determines that a suspension under Section 6(c) is 
adequate to stop or prevent the imminent and substantial endangerment. 
If it is not practicable to assure prompt protection of public health 
or welfare or the environment by commencement of such civil action, the 
Administrator may issue such orders as may be necessary to protect 
public health or welfare or the environment. Any order issued by the 
Administrator under this section shall be effective upon issuance and 
shall remain in effect for a period of not more than 60 days, unless an 
action is brought pursuant to the first sentence of this section before 
the expiration of that period. Whenever such an action is brought 
within the 60-day period, the order shall remain in effect for an 
additional 14 days or for such longer period as may be authorized by 
the court in which such action is brought. Any order issued under this 
paragraph shall not be subject to judicial review except during 
judicial enforcement proceedings brought by the Attorney General or his 
delegate. Nothing herein shall diminish the right of any person subject 
to a suspension proceeding under Section 6(c) of the Act.''.
    (h) Contractor Listing.--Section 32 (7 U.S.C. 136 (z)) is added 
following Section 31:

``SEC. 32. FEDERAL PROCUREMENT.

    ``(a) Contracts Prohibited With Convicted Violators.--No federal 
agency may enter into any contract, grant, or loan with any person who 
has been convicted of any offense under SECTION 1361 of this Title, if 
the contract for the procurement of goods, materials, and services, or 
the grant or loan is to be performed, in whole or in any part, at any 
facility at which the violation which gave rise to such conviction 
occurred, and if such facility is owned, operated, leased, or 
supervised at the time of the violation by such person. The prohibition 
in the preceding sentence shall continue until the Administrator 
certifies that the condition giving rise to such conviction has been 
corrected.
    ``(b) Notification.--The Administrator shall establish procedures 
to provide all Federal agencies with the notification necessary for the 
purposes of subsection (a).
    ``(c) Disclosure.--Each applicant who seeks to participate in a 
federal contract, grant, or loan shall disclose any conviction 
described in subsection (a) to each appropriate Federal agency.
    ``(d) Exemptions.--The President may exempt any contract, loan, or 
grant from all or part of the provisions of this section where he 
determines such exemption is necessary in the paramount interest of the 
United States and he shall notify the Congress of such exemption.''.
    (i) Citizen Suits.--Section 33 (7 U.S.C. 136aa) is added following 
Section 32 to read as follows:

``SEC. 33. CITIZEN SUITS.

    ``(a) Except as provided in subsection (b), any person may commence 
a civil action on his own behalf--
            ``(1) against any person (including any governmental 
        instrumentality or agency to the extent permitted by the 
        Eleventh Amendment to the Constitution) who is alleged to have 
        violated or to be in violation of any provision of the Act or 
        any rule promulgated thereunder, except that no such action may 
        be brought against any agricultural producer who is alleged to 
        have committed a violation or to be in violation while engaged 
        in the production of any agricultural product; or
            ``(2) against any federal official where there is alleged a 
        failure of the federal official to perform any act or duty 
        under this Act which is not discretionary with the federal 
        official.
The district courts shall have jurisdiction, without regard to the 
amount in controversy or the citizenship of the parties, to enforce the 
Act and the regulations promulgated thereunder, to order any 
appropriate relief under Section XX of the Act, and to impose any 
appropriate civil penalties (except for actions under subsection (2)) 
for violations of the Act. The district court shall have jurisdiction 
in actions brought under subsection (a)(2) against the federal official 
to order the federal official to perform such act or duty.
    ``(b) No actions may be commenced--
            ``(1) under subsection (a)(1)--
                    ``(A) prior to 60 days after the plaintiff has 
                given notice of the violation to the Administrator, to 
                the State in which the violation occurs, and to any 
                alleged violator; or
                    ``(B) if the Administrator or State with primary 
                enforcement responsibility under Section 26 of the Act 
                has commenced and is diligently prosecuting a civil or 
                criminal action in a court of the United States or a 
                State or a federal administrative penalty action to 
                require compliance with the Act or a regulation 
                promulgated thereunder, but in any such civil action 
                any person may intervene as a matter of right; and
            ``(2) under subsection (a)(2) prior to 60 days after the 
        plaintiff has given notice of such action to the federal 
        official.
Notices under this subsection shall be given in such manner as the 
Administrator shall prescribe by regulation.
    ``(c) Any person may request the Administrator or a State with 
primary enforcement authority to commence an action against any 
agricultural producer who is alleged to have violated or to be in 
violation of any provision of the Act or any rule promulgated 
thereunder while engaged in the production of any agricultural product. 
A copy of such a request shall be given to the alleged violator. Within 
60 days after such request is made to the Administrator or a State, the 
Administrator or State shall either--
            ``(1) commence an action against the alleged violator; or
            ``(2) provide to the person making the request a written 
        response that ((A) state the Administrator's or the State's 
        decision not to take enforcement action against the alleged 
        violator and (B) describes any other action the Administrator 
        or State has taken or intends to take in connection with the 
        alleged violation.
The response of the Administrator or State under subsection (c)(2) 
shall not be subject to judicial review.
    ``(d)(1) In any action under this section, the United States may 
intervene as a matter of right at any time in the proceeding. A 
judgment in an action under this section to which the United States is 
not a party shall not have any binding effect upon the United States.
    ``(2) Whenever any action is brought under this section the 
plaintiff shall serve a copy of the complaint on the Attorney General 
of the United States and on the Administrator. No consent judgment 
shall be entered in an action brought under this section in which the 
United States is not a party prior to 60 days following the receipt of 
a copy of the proposed consent judgement by the Attorney General and 
the Administrator during which time the Government may submit its 
comments on the proposed consent judgement to the court and parties or 
may intervene as a matter of right. The court shall not approve a 
proposed consent judgment that is inappropriate, improper, inadequate, 
or inconsistent with the purposes or requirements of the Act, and shall 
consider any views expressed by the United States with respect to the 
consent judgment.
    ``(e) The court, in issuing any final order in any action brought 
pursuant to subsection (a) of this section, may award costs of 
litigation (including reasonable attorney and expert witness fees) to 
any prevailing or substantially prevailing party. The court may, if a 
temporary restraining order or preliminary injunction is sought, 
require the filing of a bond or equivalent security in accordance with 
the Federal Rules of Civil Procedure.
    ``(f) Nothing in this section shall restrict any right which any 
person, or class of persons, may have been under any statute or common 
law to seek enforcement of any requirement or to seek any other relief 
(including relief against federal officials or a State agency).
    ``(g) Any action under this Section shall be brought in accordance 
with the provisions of 28 U.S.C. Section 1391.''.
    (j) Indian Tribes.--Section 34 (7 U.S.C. 136bb) is added following 
Section 33 to read as follows:

``SEC. 34. INDIAN TRIBES.

    ``(a) In General.--The Administrator shall promulgate regulations 
to treat Indian Tribes in the manner that States are treated under the 
Act. Such treatment shall be authorized only if--
            ``(1) the Indian Tribe is recognized by the Secretary of 
        the Interior and has a governing body carrying out appropriate 
        governmental duties and powers; and
            ``(2) the functions to be exercised by the Indian Tribe are 
        within the area of the Tribe's jurisdiction.''.

SEC. 18. WHISTLE BLOWER.

    Section 35 (7 U.S.C. 136cc) is added following section 34 to read 
as follows:

``SEC. 35. WHISTLE BLOWER.

    ``(a) In General.--No employer may discharge any employee or 
otherwise discriminate against any employee with respect to the 
employee's compensation, terms, conditions, or privileges of employment 
because the employee (or any persons acting pursuant to a request of 
the employee) has--
            ``(1) commenced, caused to be commenced, or is about to 
        commence or cause to be commenced a proceeding under this 
        chapter;
            ``(2) testified or is about to testify in any such 
        proceeding; or
            ``(3) assisted or participated or is about to assist or 
        participate in any manner in such a proceeding or in any other 
        action to carry out the purposes of this chapter.
    ``(b) Remedy.--
            ``(1) Any employee who believes that the employee has been 
        discharged or otherwise discriminated against by any person in 
        violation of subsection (a) of this section may, within 30 days 
        after such alleged violation occur, file (or have any person 
        file on the employee's behalf) a complaint with the Secretary 
        of Labor (hereafter in this section referred to as the 
        `Secretary') alleging such discharge or discrimination. Upon 
        receipt of such a complaint, the Secretary shall notify the 
        person named in the complaint of the filing of the complaint.
            ``(2)(A) Upon receipt of a complaint filed under paragraph 
        (1), the Secretary shall conduct an investigation of the 
        violation alleged in the complaint. Within 120 days of the 
        receipt of such complaint, the Secretary shall complete such 
        investigation and shall notify in writing the complainant (and 
        any person acting on behalf of the complainant) and the person 
        alleged to have committed such violation of the results of the 
        investigation conducted pursuant of this paragraph. Within 
        ninety days of the receipt of such complaint the Secretary 
        shall, unless the proceeding on the complaint is terminated by 
        the Secretary on the basis of a settlement entered into by the 
        Secretary and the person alleged to have committed such 
        violation, issue an order either providing the relief 
        prescribed by subparagraph (B) or denying the complaint. An 
        order of the Secretary shall be made on the record after notice 
        and opportunity for agency hearing. The Secretary may not enter 
        into a settlement terminating a proceeding on a complaint 
        without the participation and consent of the complainant.
            ``(B) If in response to a complaint filed under paragraph 
        (1) the Secretary determines that a violation of subsection (a) 
        of this section has occurred, the Secretary shall order (i) the 
        person who committed such violation to take affirmative action 
        to abate the violation, (ii) such person to reinstate the 
        complainant to the complainant's former position together with 
        compensation (including back pay) terms, condition, and 
        privileges of the complainant's employment, (iii) compensatory 
        damages and (iv) where appropriate, exemplary damages. If such 
        an order is issued, the Secretary, at the request of the 
        complainant shall assess against the person against whom the 
        order is issued a sum equal to the aggregate amount of all 
        costs and expenses, (including attorney's fees) reasonably 
        incurred, as determined by the Secretary, by the complainant 
        for, or in connection with, the bringing of the complaint upon 
        which the order was issued.
    ``(c) Review.--
            ``(1) Any employee or employer adversely affected or 
        aggrieved by an order issued under subsection (b) of this 
        section may obtain review of the order in the United States 
        Court of Appeals for the circuit in which the violation, with 
        respect to which the order was issued, allegedly occurred. The 
        petition for review must be filed within sixty days from the 
        issuance of the Secretary's order. Review shall conform to 
        chapter 7 of Title 5.
            ``(2) An order of the Secretary, with respect to which 
        review could have been obtained under paragraph (1), shall not 
        be subject to judicial review in any criminal or other civil 
        proceeding.
    ``(d) Enforcement.--Whenever a person has failed to comply with an 
order issued under subsection (b)(2) of this section, the Secretary 
shall file a civil action in the United States district court for the 
district in which the violation was found to occur to enforce such 
order. In actions brought under this subsection, the district courts 
shall have jurisdiction to grant all appropriate relief, including 
injunctive relief and compensatory and exemplary damages.
    ``(e) Exclusion.--Subsection (a) of this section shall not apply 
with respect to any employee who, acting without direction from the 
employee's employer (or any agent of the employer), deliberately causes 
a violation of any requirement of this chapter.''.

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