[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 794 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 794

  To amend the Federal Insecticide, Fungicide, and Rodenticide Act to 
    facilitate the minor use of a pesticide, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                 May 11 (legislative day, May 1), 1995

Mr. Lugar (for himself, Mr. Inouye, Mr. Santorum, Mr. Craig, Mr. Cohen, 
 Mr. Mack, Mr. Pressler, Mr. Burns, Mr. Kerrey, Mr. Graham, Mr. Coats, 
Mr. Gorton, Mr. Packwood, Mr. Campbell, Mr. Dorgan, Mr. McConnell, Mr. 
 Thurmond, Mr. Dole, Mr. Jeffords, Mr. Helms, Mr. Bond, Mr. Grassley, 
 Mrs. Kassebaum, Mr. Hollings, Mr. Johnston, Mr. Inhofe, Mr. Abraham, 
  Mrs. Murray, Ms. Snowe, Mrs. Feinstein, Mr. Hatch, Mr. Nickles, Mr. 
  Hatfield, Mr. Kempthorne, Mr. Specter, Mr. Cochran, Mr. Pryor, Mr. 
     Daschle, Mr. Heflin, Mr. Coverdell, Mr. Lott, and Mr. Conrad) 
introduced the following bill; which was read twice and referred to the 
           Committee on Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
  To amend the Federal Insecticide, Fungicide, and Rodenticide Act to 
    facilitate the minor use of a pesticide, 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; REFERENCES.

    (a) Short Title.--This Act may be cited as the ``Minor Use Crop 
Protection Act of 1995''.
    (b) References to Federal Insecticide, Fungicide, and Rodenticide 
Act.--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 (7 
U.S.C. 136 et seq.).

SEC. 2. DEFINITION OF MINOR USE.

    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 use of a 
pesticide on an animal, on a commercial agricultural crop or site, or 
for the protection of public health if--
            ``(1)(A) in the case of the use of the pesticide on a 
        commercial agricultural crop or site, the total quantity of 
        acreage devoted to the crop in the United States is less than 
        300,000 acres; or
            ``(B) the Administrator, in consultation with the Secretary 
        of Agriculture, determines that, based on information provided 
        by an applicant for registration or a registrant--
                    ``(i) the use does not provide a sufficient 
                economic incentive to support the initial registration 
                or continuing registration of a pesticide for the use; 
                and
                    ``(ii)(I) there are not a sufficient number of 
                efficacious alternative registered pesticides available 
                for the use; or
                    ``(II) any 1 of the alternatives to the pesticide 
                pose a greater risk to the environment or human health 
                than the pesticide; or
                    ``(III) the pesticide plays, or will play, a 
                significant part in managing pest resistance; or
                    ``(IV) the pesticide plays, or will play, a 
                significant part in an integrated pest management 
                program; and
            ``(2) the Administrator does not determine that, based on 
        data existing on the date of the determination, the use may 
        cause unreasonable adverse effects on the environment.''.

SEC. 3. EXCLUSIVE USE OF MINOR USE PESTICIDES.

    Section 3(c)(1)(F)(i) (7 U.S.C. 136a(c)(1)(F)(i)) is amended--
            (1) by striking ``(i) With respect'' and inserting ``(i)(I) 
        With respect'';
            (2) by striking ``a period of ten years following the date 
        the Administrator first registers the pesticide'' and inserting 
        ``the exclusive data use period determined under subclause 
        (II)''; and
            (3) by adding at the end the following:
                            ``(II) Except as provided in subclauses 
                        (III) and (IV), the exclusive data use period 
                        under subclause (I) shall be 10 years beginning 
                        on the date the Administrator first registers 
                        the pesticide.
                            ``(III) Subject to subclauses (IV), (V), 
                        and (VI), the exclusive data use period under 
                        subclause (II) shall be extended 1 year for 
                        each 3 minor uses registered after the date of 
                        enactment of this subclause and before the date 
                        that is 10 years after the date the 
                        Administrator first registers the pesticide, if 
                        the Administrator in consultation with the 
                        Secretary of Agriculture, determines that, 
                        based on information provided by an applicant 
                        for registration or a registrant--
                                    ``(aa) there are not a sufficient 
                                number of efficacious alternative 
                                registered pesticides available for the 
                                use; or
                                    ``(bb) any 1 of the alternatives to 
                                the pesticide pose a greater risk to 
                                the environment or human health than 
                                the pesticide; or
                                    ``(cc) the pesticide plays, or will 
                                play, a significant part in managing 
                                pest resistance; or
                                    ``(dd) the pesticide plays, or will 
                                play, a significant part in an 
                                integrated pest management program.
                            ``(IV) Notwithstanding subclause (III), the 
                        exclusive data use period established under 
                        this clause may not exceed 13 years.
                            ``(V) For purposes of subclause (III), the 
                        registration of a pesticide for a minor use on 
                        a crop grouping established by the 
                        Administrator shall be considered 1 minor use 
                        for each representative crop for which data are 
                        provided in the crop grouping.
                            ``(VI) An extension under subclause (III) 
                        shall be reduced or terminated if the applicant 
                        for registration or the registrant voluntarily 
                        cancels the pesticide or deletes from the 
                        registration a minor use that formed the basis 
                        for the extension, or if the Administrator 
                        determines that the applicant or registrant is 
                        not actually marketing the pesticide for a 
                        minor use that formed the basis for the 
                        extension.''.

SEC. 4. TIME EXTENSIONS FOR DEVELOPMENT OF MINOR USE DATA.

    (a) In General.--Section 3 (7 U.S.C. 136a) is amended by adding at 
the end the following:
    ``(g) Time Extension for Development of Minor Use Data.--
            ``(1) Supported use.--In the case of a minor use, the 
        Administrator shall, on the request of a registrant and subject 
        to paragraph (3), extend the time for the production of residue 
        chemistry data under subsection (c)(2)(B) and subsections 
        (d)(4), (e)(2), and (f)(2) of section 4 for data required 
        solely to support the minor use until the final date under 
        section 4 for submitting data on any other use established not 
        later than the date of enactment of this subsection.
            ``(2) Nonsupported use.--
                    ``(A) If a registrant does not commit to support a 
                minor use of a pesticide, the Administrator shall, on 
                the request of the registrant and subject to paragraph 
                (3), extend the time for taking any action under 
                subsection
                 (c)(2)(B) or subsection (d)(6), (e)(3)(A), or (f)(3) 
of section 4 regarding the minor use until the final date under section 
4 for submitting data on any other use established not later than the 
date of enactment of this subsection.
                    ``(B) On receipt of the request from the 
                registrant, the Administrator shall publish in the 
                Federal Register a notice of the receipt of the request 
                and the effective date on which the uses not being 
                supported will be deleted from the registration under 
                section 6(f)(1).
            ``(3) Conditions.--Paragraphs (1) and (2) shall apply only 
        if--
                    ``(A) the registrant commits to support and provide 
                data for--
                            ``(i) any use of the pesticide on a food; 
                        or
                            ``(ii) any other use, if all uses of the 
                        pesticide are for uses other than food;
                    ``(B)(i) the registrant provides a schedule for 
                producing the data referred to in subparagraph (A) with 
                the request for an extension;
                    ``(ii) the schedule includes interim dates for 
                measuring progress; and
                    ``(iii) the Administrator determines that the 
                registrant is able to produce the data referred to in 
                subparagraph (A) before a final date established by the 
                Administrator;
                    ``(C) the Administrator determines that the 
                extension would not significantly delay issuance of a 
                determination of eligibility for reregistration under 
                section 4; and
                    ``(D) the Administrator determines that, based on 
                data existing on the date of the determination, the 
                extension would not significantly increase the risk of 
                unreasonable adverse effects on the environment.
            ``(4) Monitoring.--If the Administrator grants an extension 
        under paragraph (1) or (2), the Administrator shall--
                    ``(A) monitor the development of any data the 
                registrant committed to under paragraph (3)(A); and
                    ``(B) ensure that the registrant is meeting the 
                schedule provided under paragraph (3)(B) for producing 
                the data.
            ``(5) Noncompliance.--If the Administrator determines that 
        a registrant is not meeting a schedule provided by the 
        registrant under paragraph (3)(B), the Administrator may--
                    ``(A) revoke any extension to which the schedule 
                applies; and
                    ``(B) proceed in accordance with subsection 
                (c)(2)(B)(iv).
            ``(6) Modification or revocation.--The Administrator may 
        modify or revoke an extension under this subsection if the 
        Administrator determines that the extension could cause 
        unreasonable adverse effects on the environment. If the 
        Administrator modifies or revokes an extension under this 
        paragraph, the Administrator shall provide written notice to 
        the registrant of the modification or revocation.''.
    (b) Conforming Amendments.--
            (1) Section 3(c)(2)(B) (7 U.S.C. 136a(c)(2)(B)) is amended 
        by adding at the end the following:
                    ``(vi) Subsection (g) shall apply to this 
                subparagraph.''.
            (2) Subsections (d)(4), (e)(2), and (f)(2) of section 4 (7 
        U.S.C. 136a-1) are each amended by adding at the end the 
        following:
                    ``(C) Section 3(g) shall apply to this 
                paragraph.''.
            (3) Subsections (d)(6) and (f)(3) of section 4 (7 U.S.C. 
        136a-1) are each amended by striking ``The Administrator 
        shall'' and inserting ``Subject to section 3(g), the 
        Administrator shall''.
            (4) Section 4(e)(3)(A) (7 U.S.C. 136a-1(e)(3)(A)) is 
        amended by striking ``If the registrant'' and inserting 
        ``Subject to section 3(g), if the registrant''.

SEC. 5. MINOR USE WAIVER.

    Section 3(c)(2) (7 U.S.C. 136a(c)(2)) is amended by adding at the 
end the following:
                    ``(E) In the case of the registration of a 
                pesticide for a minor use, the Administrator may waive 
                otherwise applicable data requirements if the 
                Administrator determines that the absence of the data 
                will not prevent the Administrator from determining--
                            ``(i) the incremental risk presented by the 
                        minor use of the pesticide; and
                            ``(ii) whether the minor use of the 
                        pesticide would have unreasonable adverse 
                        effects on the environment.''.

SEC. 6. EXPEDITING MINOR USE REGISTRATIONS.

    Section 3(c)(3) (7 U.S.C. 136a(c)(3)) is amended by adding at the 
end the following:
                    ``(C)(i) As expeditiously as practicable after 
                receipt, the Administrator shall review and act on a 
                complete application that--
                            ``(I) proposes the initial registration of 
                        a new pesticide active ingredient, if the 
                        active ingredient is proposed to be registered 
                        solely for a minor use, or proposes a 
                        registration amendment to an existing 
                        registration solely for a minor use; or
                            ``(II) for a registration or a registration 
                        amendment, proposes a significant minor use.
                    ``(ii) As used in clause (i):
                            ``(I) The term `as expeditiously as 
                        practicable' means the Administrator shall, to 
                        the greatest extent practicable, complete a 
                        review and evaluation of all data submitted 
                        with the application not later than 1 year 
                        after submission of the application.
                            ``(II) The term `significant minor use' 
                        means--
                                    ``(aa) 3 or more proposed minor 
                                uses for each proposed use that is not 
                                minor;
                                    ``(bb) a minor use that the 
                                Administrator determines could replace 
                                a use that was canceled not earlier 
                                than 5 years preceding the receipt of 
                                the application; or
                                    ``(cc) a minor use that the 
                                Administrator determines would avoid 
                                the reissuance of an emergency 
                                exemption under section 18 for the 
                                minor use.
                    ``(iii) Review and action on an application under 
                clause (i) shall not be subject to judicial review.
                    ``(D) On receipt by the registrant of a denial of a 
                request to waive a data requirement under paragraph 
                (2)(E), the registrant shall have the full time period 
                originally established by the Administrator for 
                submission of the data, beginning on the date of 
                receipt by the registrant of the denial.''.

SEC. 7. UTILIZATION OF DATA FOR VOLUNTARILY CANCELED CHEMICALS.

    Section 6(f) (7 U.S.C. 136d) is amended by adding the following:
            ``(4) Utilization of data for voluntarily canceled 
        chemicals.--The Administrator shall process, review, and 
        evaluate the application for a voluntarily canceled pesticide 
        as if the registrant had not canceled the registration, if--
                    ``(A) another application is pending on the 
                effective date of the voluntary cancellation for the 
                registration of a pesticide that is--
                            ``(i) for a minor use;
                            ``(ii) identical or substantially similar 
                        to the canceled pesticide; and
                            ``(iii) for an identical or substantially 
                        similar use as the canceled pesticide;
                    ``(B) the Administrator determines that the minor 
                use will not cause unreasonable adverse effects on the 
                environment; and
                    ``(C) the applicant certifies that the applicant 
                will satisfy any outstanding data requirement necessary 
                to support the reregistration of the pesticide, in 
                accordance with any data submission schedule 
                established by the Administrator.''.

SEC. 8. MINOR USE PROGRAMS.

    The Act is amended--
            (1) by redesignating sections 30 and 31 (7 U.S.C. 136x and 
        136y) as sections 33 and 34, respectively; and
            (2) by inserting after section 29 (7 U.S.C. 136w-4) the 
        following:

``SEC. 30. ENVIRONMENTAL PROTECTION AGENCY MINOR USE PROGRAM.

    ``(a) Establishment.--The Administrator shall establish a minor use 
program in the Office of Pesticide Programs.
    ``(b) Responsibilities.--In carrying out the program established 
under subsection (a), the Administrator shall--
            ``(1) coordinate the development of minor use programs and 
        policies; and
            ``(2) consult with growers regarding a minor use issue, 
        registration, or amendment that is submitted to the 
        Environmental Protection Agency.

``SEC. 31. DEPARTMENT OF AGRICULTURE MINOR USE PROGRAM.

    ``(a) Establishment.--The Secretary of Agriculture shall establish 
a minor use program.
    ``(b) Responsibilities.--In carrying out the program established 
under subsection (a), the Secretary shall coordinate the 
responsibilities of the Department of Agriculture related to the minor 
use of a pesticide, including--
            ``(1) carrying out the Inter-Regional Research Project 
        Number 4 established under section 2(e) of Public Law 89-106 (7 
        U.S.C. 450i(e));
            ``(2) carrying out the national pesticide resistance 
        monitoring program established under section 1651(d) of the 
        Food, Agriculture, Conservation, and Trade Act of 1990 (7 
        U.S.C. 5882(d));
            ``(3) supporting integrated pest management research;
            ``(4) consulting with growers to develop data for minor 
        uses; and
            ``(5) providing assistance for minor use registrations, 
        tolerances, and reregistrations with the Environmental 
        Protection Agency.

``SEC. 32. MINOR USE MATCHING FUND PROGRAM.

    ``(a) Establishment.--The Secretary of Agriculture, in consultation 
with the Administrator, shall establish and administer a minor use 
matching fund program.
    ``(b) Responsibilities.--In carrying out the program, the Secretary 
shall--
            ``(1) ensure the continued availability of minor use 
        pesticides; and
            ``(2) develop data to support minor use pesticide 
        registrations and reregistrations.
    ``(c) Eligibility.--Any person that desires to develop data to 
support a minor use registration shall be eligible to participate in 
the program.
    ``(d) Priority.--In carrying out the program, the Secretary shall 
provide a priority for funding to a person that does not directly 
receive funds from the sale of a product registered for a minor use.
    ``(e) Matching Funds.--To be eligible for funds under the program, 
a person shall match the amount of funds provided under the program 
with an equal amount of non-Federal funds.
    ``(f) Ownership of Data.--Any data developed through the program 
shall be jointly owned by the Department of Agriculture and the person 
that receives funds under this section.
    ``(g) Statement.--Any data developed under this subsection shall be 
submitted in a statement that complies with section 3(c)(1)(F).
    ``(h) Compensation.--Any compensation received by the Department of 
Agriculture for the use of data developed under this section shall be 
placed in a revolving fund. The fund shall be used, subject to 
appropriations, to carry out the program.
    ``(i) Authorization for Appropriations.--There are authorized to be 
appropriated to carry out this section $10,000,000 for each fiscal 
year.''.

SEC. 9. CONFORMING AMENDMENTS TO FIFRA TABLE OF CONTENTS.

    The table of contents in section 1(b) (7 U.S.C. prec. 121) is 
amended--
            (1) by adding at the end of the items relating to section 2 
        the following new item:

        ``(hh) Minor use.'';
            (2) by adding at the end of the items relating to section 3 
        the following new items:

        ``(g) Time extension for development of minor use data.
            ``(1) Supported data.
            ``(2) Nonsupported data.
            ``(3) Conditions.
            ``(4) Monitoring.
            ``(5) Noncompliance.
            ``(6) Modification or revocation.'';
            (3) by adding at the end of the items relating to section 
        6(f) the following new item:

            ``(4) Utilization of data for voluntarily canceled 
                            chemicals.'';
        and
            (4) by striking the items relating to sections 30 and 31 
        and inserting the following new items:

        ``Sec. 30. Environmental Protection Agency minor use program.
            ``(a) Establishment.
            ``(b) Responsibilities.
        ``Sec. 31. Department of Agriculture minor use program.
            ``(a) Establishment.
            ``(b) Responsibilities.
        ``Sec. 32. Minor use matching fund program.
            ``(a) Establishment.
            ``(b) Responsibilities.
            ``(c) Eligibility.
            ``(d) Priority.
            ``(e) Matching funds.
            ``(f) Ownership of data.
            ``(g) Statement.
            ``(h) Compensation.
            ``(i) Authorization for appropriations.
        ``Sec. 33. Severability.
        ``Sec. 34. Authorization for appropriations.''.
                                 <all>
S 794 IS----2