[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 53 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                 H. R. 53

 To amend the Federal Insecticide, Fungicide, and Rodenticide Act with 
                  respect to public health pesticides.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 4, 1995

 Mr. Dooley (for himself, Mr. Emerson, and Mr. Herger) introduced the 
   following bill; which was referred to the Committee on Agriculture

_______________________________________________________________________

                                 A BILL


 
 To amend the Federal Insecticide, Fungicide, and Rodenticide Act with 
                  respect to public health pesticides.

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

SECTION 1. SHORT TITLE, REFERENCE.

    (a) Short Title.--This Act may be cited as the ``Public Health 
Pesticides Protection Act of 1995''.
    (b) 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. DEFINITIONS.

    (a) Adverse Effects.--Section 2(bb) (7 U.S.C. 136(bb)) is amended 
by adding at the end the following: ``The Administrator shall consider 
the risks and benefits of public health pesticides separate from the 
risks and benefits of other pesticides. In weighing any regulatory 
action concerning a public health pesticide under this Act, the 
Administrator shall weigh any risks of the pesticide against the health 
risks such as the diseases transmitted by the vector to be controlled 
by the pesticide.''.
    (b) New Definitions.--Section 2 (7 U.S.C. 136) is amended by adding 
at the end the following:
    ``(hh) Minor Use.--The term `minor use' means the total anticipated 
small volume use of any pesticide product against a particular pest or 
group of pests which, by itself, would not economically justify a full, 
separate pesticide registration. Wherever a minor use is designated in 
this Act for agricultural crop production or agricultural uses, such 
term includes any use intended to protect the public from insects or 
other pests or the diseases which such pests may transmit to man or 
domestic animals.
    ``(ii) Public Health Pesticide.--The term `public health pesticide' 
means any minor use pesticide product registered for use and used 
predominantly in public health programs for vector control or for other 
recognized health protection uses, including the prevention or 
mitigation of viruses, bacteria, or other microorganisms (other than 
viruses, bacteria, or other microorganisms on or in living man or other 
living animal) that pose a threat to public health.
    ``(jj) Vector.--The term `vector' means any animal capable of 
transmitting the causative agent of human disease or capable of 
producing human discomfort or injury, including mosquitoes, flies, 
fleas, cockroaches, or other insects and ticks, mites, or rats.''.

SEC. 3. REGISTRATION.

    Section 3(c)(2)(A) (7 U.S.C. 136a(c)(2)(A)) is amended--
            (1) by inserting after ``pattern of use,'' the following: 
        ``the public health and agricultural need for such minor 
        use,'', and
            (2) by striking out ``potential exposure of man and the 
        environment to the pesticide'' and inserting in lieu thereof 
        ``potential beneficial or adverse effects on man and the 
        environment''.

SEC. 4. REREGISTRATION.

    Section 4 (7 U.S.C. 136a-1) is amended--
            (1) in subsection (i)(4), by redesignating subparagraphs 
        (B) and (C) as subparagraphs (C) and (D), respectively and by 
        adding after subparagraph (A) the following:
                    ``(B) Any pesticide defined as a public health 
                pesticide of which more than 50 percent of its usage is 
                devoted to the promotion of public health shall be 
                exempt from fees prescribed by paragraph (3).'';
            (2) in subsection (i)(5), by redesignating subparagraphs 
        (F) and (G) as subparagraphs (G) and (H), respectively, and by 
        adding after subparagraph (E) the following:
                    ``(F) An end use product that is registered for a 
                public health pesticide of which at least 50 percent of 
                its usage is devoted to the promotion of public health 
                shall be exempt from the fees prescribed by this 
                paragraph.'';
            (3) in subsection (i)(7)(B), by striking out ``or to 
        determine'' and inserting in lieu thereof ``, to determine'' 
        and by inserting before the period the following: ``, or to 
        determine the volume usage for public health pesticides''; and
            (4) in subsection (k)(3)(A), by striking out ``or'' at the 
        end of clause (i), by striking the period at the end of clause 
        (ii) and inserting in lieu thereof ``; or'', and by inserting 
        after clause (ii) the following:
                            ``(iii) proposes the initial or amended 
                        registration of an end use pesticide that, if 
                        registered as proposed, would be used for a 
                        public health pesticide.''.

SEC. 5. CANCELLATION.

    Section 6(b) is amended by striking out ``or'' at the end of 
paragraph (1), by striking out the period at the end of paragraph (2) 
and inserting in lieu thereof ``; or'', and by adding after paragraph 
(2) the following:
            ``(3) if a pesticide is registered or proposed for 
        registration for public health uses, to send the notice 
        specified in this subsection to the Secretary of Health and 
        Human Services for review.
The Secretary of Health and Human Services shall comment under 
paragraph (3) in accordance with the procedures followed and subject to 
the same conditions as comments by the Secretary of Agriculture in the 
case of agricultural pesticides.''.

SEC. 6. VIEWS.

    Section 21 (7 U.S.C. 136s) is amended by redesignating subsections 
(b) and (c) as subsections (c) and (d), respectively, and by adding 
after subsection (a) the following:
    ``(b) Secretary of Health and Human Services.--The Administrator, 
before publishing regulations under this Act for any public health 
pesticide, shall solicit the views of the Secretary of Health and Human 
Services in the same manner as the views of the Secretary of 
Agriculture are solicited under section 25(a).''.

SEC. 7. AUTHORITY OF ADMINISTRATOR.

    Section 25(a)(1) (7 U.S.C. 136w(a)(1)) is amended--
            (1) by inserting after ``various classes of pesticides'' 
        the following: ``, including public health pesticides,'', and
            (2) by striking out ``and nonagricultural pesticides'' and 
        inserting in lieu thereof ``, non-agricultural, and public 
        health pesticides''.

SEC. 8. IDENTIFICATION OF PESTS.

    Section 28 (7 U.S.C. 136w-3) is amended by adding at the end the 
following:
    ``(d) Public Health Pests.--The Administrator, in coordination with 
the Secretary of Health and Human Services, shall identify pests of 
significant public health importance and, in coordination with the 
Public Health Service, develop and implement programs to improve and 
facilitate the safe and necessary use of chemical, biological, and 
other methods to combat and control such pests of public health 
importance.''.

SEC. 9. PUBLIC HEALTH PESTICIDES.

    The Federal Insecticide, Fungicide, and Rodenticide Act is amended 
by adding at the end the following:

``SEC. 32. PUBLIC HEALTH PESTICIDES.

    ``The Administrator, in conjunction with the Secretary of Health 
and Human Services, shall submit an annual report to the Congress by 
March 1 of each year describing the uses of public health pesticides to 
promote human health protection in the United States. The report shall 
include--
            ``(1) an analysis of vector control practices,
            ``(2) an analysis of the approximately 50 diseases which 
        are associated with arthropods or other vectors, including a 
        consideration of the impact of vector control on the incidence 
        of such diseases,
            ``(3) an analysis of the role of IPM in vector control and 
        how agricultural IPM practices impact public health vector 
        control, and
            ``(4) an analysis of public health pesticides, including 
        the benefits of vectored disease prevention and a comparison of 
        such benefits to the relative risks of the use of public health 
        pesticides and the risks of vectored diseases.''.

SEC. 10. PUBLIC HEALTH DATA.

    Section 4 (7 U.S.C. 136a) is amended by adding at the end the 
following:
    ``(m) Authorization of Funds To Develop Public Health Data.--
            ``(1) Definition.--For the purposes of this section, 
        Secretary means the Secretary of Health and Human Services, 
        acting through the Public Health Service.
            ``(2) Consultation.--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) Benefits to support family.--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 registration under section 4.
            ``(4) Additional time.--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) Arrangements.--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 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) Support.--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) Authorization.--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.''.
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