[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2652 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 2652

  To amend the Federal Insecticide, Fungicide, and Rodenticide Act to 
   improve the safety of exported pesticides, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             October 21 (legislative day, October 2), 1998

   Mr. Leahy 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 
   improve the safety of exported pesticides, 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.

    (a) Short Title.--This Act may be cited as the ``Circle of Poison 
Prevention Act of 1998''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
                      TITLE I--EXPORTED PESTICIDES

Sec. 101. Definitions.
Sec. 102. Registration of establishments.
Sec. 103. Protection of trade secrets and other information.
Sec. 104. Unlawful acts.
Sec. 105. Imports and exports.
Sec. 106. Health and environmental effects reports.
Sec. 107. Conforming amendments to table of contents.
                 TITLE II--PESTICIDE RESIDUE MONITORING

Sec. 201. Data management.
                    TITLE III--PESTICIDE TOLERANCES

Sec. 301. Revocation of tolerances and practical testing methods.
                    TITLE IV--PESTICIDE INFORMATION

Sec. 401. Disclosure of pesticides in import documents.
Sec. 402. Annual reports by agricultural attaches.
                        TITLE V--EFFECTIVE DATES

Sec. 501. Effective dates.

                      TITLE I--EXPORTED PESTICIDES

SEC. 101. DEFINITIONS.

    (a) In General.--Section 2 of the Federal Insecticide, Fungicide, 
and Rodenticide Act (7 U.S.C. 136) is amended by adding at the end the 
following new subsection:
    ``(pp) Country of Use.--The term `country of use' means any foreign 
country in which--
            ``(1) a pesticide is used;
            ``(2) a pesticide is intended by the exporter to be used or 
        formulated; or
            ``(3) on the basis of information reasonably available to 
        the exporter, the use or formulation of a pesticide being 
        exported is foreseeable.''.
    (b) Misbranded.--Section 2(q)(1) of such Act (7 U.S.C. 136(q)(1) is 
amended--
            (1) by striking ``or'' at the end of subparagraph (G);
            (2) by striking the period at the end of subparagraph (H) 
        and inserting ``; or''; and
            (3) by adding at the end the following new subparagraph:
                                    ``(I) in the case of a pesticide 
                                intended for export from the United 
                                States, the labeling does not meet the 
                                requirements of section 17(a).''.

SEC. 102. REGISTRATION OF ESTABLISHMENTS.

    Paragraph (1) of section 7(c) of the Federal Insecticide, 
Fungicide, and Rodenticide Act (7 U.S.C. 136e(c)) is amended to read as 
follows:
            ``(3) Any producer operating an establishment registered 
        under this section shall inform the Administrator within 30 
        days after the establishment is registered of--
                    ``(A) the types and quantities of pesticides, and 
                active ingredients used in producing pesticides, that 
                are produced for export to a foreign country; and
                    ``(B) the date of export and quantity of pesticides 
                and active ingredients exported to each foreign country 
                to which the producer has exported during the past 365-
                day period.
        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.''.

SEC. 103. PROTECTION OF TRADE SECRETS AND OTHER INFORMATION.

    Section 10(d) of the Federal Insecticide, Fungicide, and 
Rodenticide Act (7 U.S.C. 136h(d)) is amended by adding at the end the 
following new paragraph:
            ``(4) Notwithstanding any other provision of this Act, the 
        information submitted to the Administrator under section 
        7(c)(3)(B), 17(a)(2), 17(a)(3), 17(a)(4), 17(a)(5), or 17(a)(6) 
        shall not be treated as confidential under subsection (b).''.

SEC. 104. UNLAWFUL ACTS.

    Section 12(a)(2) of the Federal Insecticide, Fungicide, and 
Rodenticide Act (7 U.S.C. 136j(a)(2)) is amended--
            (1) by striking ``or'' at the end of subparagraph (R);
            (2) by striking the period at the end of subparagraph (S) 
        and inserting ``; or''; and
            (3) by adding at the end the following new subparagraph:
                    ``(T) to export a pesticide or device in violation 
                of section 17.''.

SEC. 105. IMPORTS AND EXPORTS.

    (a) Pesticides and Devices Intended for Export.--Subsections (a) 
and (b) of section 17 of the Federal Insecticide, Fungicide, and 
Rodenticide Act (7 U.S.C. 136o) are amended to read as follows:
    ``(a) Pesticides or Devices Intended for Export.--
            ``(1) General requirements.--
                    ``(A) No pesticide or device may be exported to a 
                foreign country unless--
                            ``(i) the pesticide or device is prepared 
                        and packaged according to the specifications of 
                        the foreign purchaser and the legal 
                        requirements of the country of use and complies 
                        with this section and sections 2(q), 7, 8, 
                        19(a), and 19(e); and
                            ``(ii) the label of the pesticide--
                                    ``(I) is written in an official 
                                language of the country of use; and
                                    ``(II) 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 in the labeling for the 
                                pesticide for use in the United States.
                    ``(B)(i) No person shall export to any country of 
                use a pesticide if--
                            ``(I) the registrations for pesticides 
                        containing an active ingredient that is 
                        included in the pesticide to be exported and 
                        that account for all or nearly all of the uses 
                        of the active ingredient by volume in the 
                        United States have been canceled;
                            ``(II) the tolerances that have been 
                        established under section 408 or 409 of the 
                        Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
                        346a or 348) for an active ingredient of the 
                        pesticide to be exported and that account for 
                        all or nearly all of the agricultural uses of 
                        the ingredient have been revoked; or
                            ``(III) the Administrator has determined 
                        that an active ingredient of the pesticide is 
                        ineligible for reregistration pursuant to 
                        section 4(g)(2)(C).
                    ``(ii) No person shall export to any country of use 
                a pesticide unless--
                            ``(I) the pesticide is registered with the 
                        Administrator under section 3; or
                            ``(II) all of the active ingredients in the 
                        pesticide are the subject of a food tolerance 
                        established under section 408 or 409 of the 
                        Federal Food, Drug, and Cosmetic Act.
                    ``(iii) No person shall export to any country of 
                use a pesticide if the pesticide is for use in 
                connection with agricultural production related to food 
                use unless--
                            ``(I) the pesticide is registered under 
                        section 3 with the Administrator for use in 
                        connection with agricultural production related 
                        to food; or
                            ``(II) the active ingredients of the 
                        pesticide are the subject of a food tolerance 
                        established under section 408 or 409 of the 
                        Federal Food, Drug, and Cosmetic Act.
                    ``(iv) A tolerance whose revocation or suspension 
                has been delayed pursuant to section 408(p) of the 
                Federal Food, Drug, and Cosmetic Act shall be 
                considered to have been revoked or suspended for 
                purposes of this section.
                    ``(v) Temporary tolerances established pursuant to 
                section 408(j) of the Federal Food, Drug, and Cosmetic 
                Act, and tolerances set at a zero level pursuant to 
                section 408(b) of such Act, shall have no effect for 
                purposes of this section.
                    ``(C) A pesticide shall be considered to be for use 
                in conjunction with agricultural production related to 
                food use in a country of use, for purposes of this 
                section, if there is substantial evidence that, in the 
                country of use--
                            ``(i) on the basis of the advertising, 
                        promotion, packaging, distribution, labeling of 
                        the pesticide, or other circumstances, it is 
                        probable that the pesticide may be used in 
                        connection with agricultural production related 
                        to food use;
                            ``(ii) patterns of pesticide marketing or 
                        use indicate that it is probable that the 
                        pesticide may be used in connection with 
                        agricultural production related to food use;
                            ``(iii) the pesticide is in use in 
                        connection with agricultural production related 
                        to food use; or
                            ``(iv) the quantity of the pesticide that 
                        an exporter intends to export to a country of 
                        use exceeds the quantity, on the basis of 
                        expectations of use, that could be used in the 
                        country of use for use other than in connection 
                        with agricultural production related to food 
                        use.
            ``(2) Additional requirements for the export of certain 
        pesticides.--
                    ``(A) The export of the following pesticides shall 
                be subject to the additional requirements set forth in 
                this paragraph:
                            ``(i) Pesticides for which a restricted use 
                        classification is effective under section 3.
                            ``(ii) Pesticides that are subject to an 
                        order of suspension under section 6(c).
                            ``(iii) Pesticides that are the subject of 
                        a cancellation proceeding under section 6(b).
                            ``(iv) Pesticides that are the subject of a 
                        conditional registration under section 
                        3(c)(7)(C).
                            ``(v) Pesticides that are the subject of an 
                        interim administrative review described in 
                        section 3(c)(8).
                            ``(vi) Pesticides that contain an active 
                        ingredient that is included on the World Health 
                        Organization list of Class 1A, `extremely 
                        hazardous', or Class 1B, `highly hazardous', 
                        pesticides.
                            ``(vii) Pesticides that contain an active 
                        ingredient that was the subject of a 
                        registration under section 3 that was canceled, 
                        or was amended to delete a registered use.
                            ``(viii) To the extent not in conflict with 
                        requirements of the country of use, the 
                        pesticide is not packaged, and stored, in 
                        conformity with standards for composition and 
                        quality of the Food and Agriculture 
                        Organization of the United Nations.
                            ``(ix) Pesticides that contain an 
                        ingredient that is the subject of an 
                        administrative review by Administrator as to 
                        whether the ingredient is inert, or that the 
                        Administrator has determined by rule are of 
                        toxicological concern for purposes of this Act.
                    ``(B)(i) Prior to shipment of a pesticide that is 
                subject to the requirements of this paragraph, the 
                exporter shall provide to the Administrator notice of 
                shipment that identifies--
                            ``(I) the common or trade names by which 
                        the pesticide is known in the country of use;
                            ``(II) a complete chemical description of 
                        the active ingredients of the pesticide, 
                        including any commonly accepted, chemical 
                        (generic), or abbreviated chemical name known 
                        in the country of use for the active 
                        ingredients;
                            ``(III) the name and address of the 
                        producer and exporter;
                            ``(IV) the name and address of the foreign 
                        purchaser;
                            ``(V) the intended date and quantity of 
                        shipment of the pesticide;
                            ``(VI) a description of the manner of 
                        transport of the shipment;
                            ``(VII) the name of the country of use that 
                        is the ultimate destination of the shipment; 
                        and
                            ``(VIII) the name of the raw agricultural 
                        commodity (as defined in section 201(r) of the 
                        Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
                        321(r)), or processed food, if any, on which 
                        the pesticide is intended or likely to be used.
                    ``(ii) For each pesticide identified in a notice 
                submitted under clause (i), if the notice is the first 
                such notice that identifies a country of use for the 
                pesticide that is received by the Administrator during 
                the 12-month period immediately preceding the date of 
                the receipt of the notice, the Administrator shall, 
                within 20 days of the receipt of the notice submitted 
                under clause (i), notify the appropriate official in 
                the appropriate regulatory department or agency 
                designated by the country of use and the office 
                responsible for the International Register of 
                Potentially Toxic Chemicals of the intended export.
                    ``(iii) The notice by the Administrator required 
                under clause (ii) shall contain a description in 
                English, and in an official language of the country of 
                use, of--
                            ``(I) the information required by clause 
                        (i);
                            ``(II) if the pesticide is subject to a 
                        conditional registration under section 
                        3(c)(7)(C), an interim administrative review or 
                        suspension or cancellation proceeding, or is 
                        classified for restricted use under this Act, a 
                        statement explaining the reasons for that 
                        status;
                            ``(III) alternatives known to the 
                        Administrator, including nonchemical 
                        alternatives, to the use of the pesticide; and
                            ``(IV) the name and address of the office 
                        of the Environmental Protection Agency that, on 
                        request of an appropriate official of the 
                        country of use, will provide additional 
                        information concerning the pesticide and 
                        alternatives to the use of the pesticide.
                    ``(iv) The notice by the Administrator required 
                under clause (ii) shall clearly inform its recipient--
                            ``(I) that, pursuant to paragraph (3), the 
                        pesticide will not be exported to the country 
                        of use if the country of use does not consent 
                        to the export of the pesticide;
                            ``(II) that the country of use may give 
                        conditional consent to the export of the 
                        pesticide, except that the conditions will not 
                        be honored unless the country of use informs 
                        the Administrator of the conditions; and
                            ``(III) of the manner in which the country 
                        of use may inform the Administrator that it 
                        consents, does not consent, or gives 
                        conditional consent.
            ``(3) Exports not permitted as offensive to the public 
        policy of the country of use.--
                    ``(A) If a country informs the Administrator, or an 
                international agency of which the United States is a 
                member, that the country does not consent or gives 
                conditional consent to the importation of a pesticide 
                or class of pesticides, the Administrator shall publish 
                a notice in the Federal Register that the Administrator 
                has been so informed, not later than 10 days after the 
                receipt by the Administrator of the information.
                    ``(B) The Administrator shall publish such a notice 
                concerning a specific country of use--
                            ``(i) in response to a communication 
                        received from a country of use in response to a 
                        notice issued by the Administrator in 
                        accordance with paragraph (2)(B)(ii) that 
                        informs the Administrator that the country of 
                        use refuses to consent to the importation of 
                        the pesticide or gives conditional consent, 
                        except that the failure of the country of use 
                        to respond to the Administrator's notice within 
                        120 days of the date on which the Administrator 
                        issues the notice shall be considered a refusal 
                        of consent; or
                            ``(ii) in accordance with a treaty or 
                        international agreement to which the United 
                        States is a party; or
                            ``(iii) in response to a communication 
                        received by the Administrator from an 
                        appropriate official of the country of use, 
                        informing the Administrator that the country of 
                        use does not consent to the importation of the 
                        pesticide or that the country of use gives 
                        conditional consent to the importation of the 
                        pesticide.
                    ``(C) Subsequent to the publication of such a 
                notice--
                            ``(i) no such pesticide may be exported to 
                        a country of use that has refused consent; and
                            ``(ii) no such pesticide may be exported to 
                        a country of use that has given conditional 
                        consent unless the conditions on which the 
                        consent was given are met.
                    ``(D) Any refusal of consent or conditional consent 
                by a country of use shall be considered as continuing 
                in nature and shall be effective until modified or 
                withdrawn by the country of use.
                    ``(E) A refusal by a country of use to consent to 
                the importation of a pesticide shall not be effective 
                unless the country of use certifies to the 
                Administrator that it--
                            ``(i) is not producing and will not produce 
                        the pesticide or a similar product with the 
                        same active ingredient; and
                            ``(ii) is not importing and will not 
                        consent to the importation of the pesticide or 
                        a similar product with the same active 
                        ingredient from any other country.
                    ``(F) If the Administrator makes a determination 
                that a country of use is not in compliance with the 
                certification provided under subparagraph (E), the 
                Administrator shall promptly withdraw the notice 
                published under subparagraph (A).
            ``(4) Temporary waiver for control of communicable 
        disease.--On the request of the government of a country of use, 
        the Administrator may issue a temporary waiver from any 
        requirement under paragraph (1), (2), or (3) to permit the 
        export to a country of use of a pesticide that does not 
        otherwise meet the requirements for export under paragraph (1), 
        (2), or (3) to prevent the imminent spread or to arrest the 
        spread of a communicable disease of humans that poses a serious 
        threat to public health in the country of use, if--
                    ``(A) based on the certification of the country of 
                use and all other information available to the 
                Administrator, the Administrator makes a determination 
                that--
                            ``(i) the pesticide is to be used on a 
                        temporary basis for a period of time that shall 
                        not exceed 180 days;
                            ``(ii) there is no practical chemical or 
                        nonchemical alternative to using the pesticide 
                        to prevent the imminent spread or arrest the 
                        spread of a communicable disease that poses a 
                        serious threat to the public health in the 
                        country of use; and
                            ``(iii) the pesticide will not be used as 
                        part of a routine continuing pest control 
                        program;
                    ``(B) no quantity of the pesticide shall be 
                exported in excess of a quantity that the 
                Administrator, in consultation with the country of use, 
                determines to be necessary to accomplish the purpose 
                for the use of the pesticide under this paragraph;
                    ``(C) the exporter agrees to provide for the return 
                from the country of use any unused or excess quantities 
                of the pesticide at the time the purpose for the use of 
                pesticide under this paragraph has been accomplished; 
                and
                    ``(D) the Administrator publishes a notice in the 
                Federal Register prior to the exportation of the 
                pesticide, or as soon thereafter as practicable, that 
                includes--
                            ``(i) the request made by the country of 
                        use;
                            ``(ii) the factual basis for any 
                        determination that the Administrator makes 
                        under this paragraph;
                            ``(iii) the identity of the exporter and 
                        the country of use;
                            ``(iv) the quantity and identity of the 
                        pesticide (including a complete chemical 
                        description of the active ingredient of the 
                        pesticide that includes any commonly accepted 
                        chemical (generic) or abbreviated chemical name 
                        of the active ingredient) that the 
                        Administrator authorizes for export under this 
                        paragraph; and
                            ``(v) the estimated dates of export for the 
                        pesticide.
            ``(5) Temporary waiver in circumstances of famine.--On the 
        request of the government of the country of use, the 
        Administrator may issue a temporary waiver from any requirement 
        under paragraph (1), (2), or (3) to permit the export of a 
        pesticide that does not otherwise meet the requirements for 
        export under paragraph (1), (2), or (3) to stop the spread or 
        to prevent the imminent spread of a pest that is destroying or 
        will destroy sufficient quantities of the food supply of the 
        country of use so as to result in widespread famine or human 
        starvation in the country of use, if--
                    ``(A) based on the certification of the country of 
                use and all other information available to the 
                Administrator, the Administrator makes a determination 
                that--
                            ``(i) the pesticide is to be used on a 
                        temporary basis for a period of not to exceed 
                        180 days;
                            ``(ii) the pesticide will only be used to 
                        stop the spread or to prevent the imminent 
                        spread of a pest that is destroying or will 
                        destroy sufficient quantities of the food 
                        supply of the country of use so as to result in 
                        widespread famine or human starvation in the 
                        country of use;
                            ``(iii) there is no practical chemical or 
                        nonchemical alternative to the use of the 
                        pesticide to stop the spread or to prevent the 
                        imminent spread of the pest in the country of 
                        use in time to prevent the destruction of such 
                        quantities of the food supply of the country of 
                        use as to result in human starvation in the 
                        country of use;
                            ``(iv) the pesticide will not be used as 
                        part of a routine; continuing pest control 
                        program; and
                            ``(v) based on information provided by the 
                        country of use, food supplies that are stored 
                        in the country of use, available for purchase 
                        by the country of use, or are likely to be made 
                        otherwise available to the country of use, are 
                        not likely to be adequate to prevent widespread 
                        famine or human starvation caused by the pest 
                        in the country of use;
                    ``(B) no quantity of the pesticide shall be 
                exported in excess of a quantity that the 
                Administrator, in consultation with the country of use, 
                determines to be necessary to accomplish the purpose 
                for the use of the pesticide under this paragraph;
                    ``(C) the exporter agrees to provide for the return 
                from the country of use any unused or excess quantities 
                of the pesticide at the time the purpose for the use of 
the pesticide under this paragraph has been accomplished; and
                    ``(D) the Administrator publishes a notice in the 
                Federal Register prior to the exportation of the 
                pesticide, or as soon thereafter as practicable, that 
                includes--
                            ``(i) the request made by the country of 
                        use;
                            ``(ii) the factual basis for any 
                        determination that the Administrator makes 
                        under this paragraph;
                            ``(iii) the identity of the exporter and 
                        the country of use;
                            ``(iv) the quantity and identity of the 
                        pesticide (including a complete chemical 
                        description of the active ingredient of the 
                        pesticide that includes any commonly accepted 
                        chemical (generic), or abbreviated chemical 
                        name of the active ingredient) that the 
                        Administrator authorizes for export under this 
                        paragraph; and
                            ``(v) the estimated dates of export for the 
                        pesticide.
            ``(6) Special exemption for the export of experimental 
        pesticides.--
                    ``(A) An exporter may export a pesticide for 
                experimental use in a country of use if--
                            ``(i) the active ingredients of the 
                        pesticides have not been and are not the 
                        subject of any registration under section 3; 
                        and
                            ``(ii) the pesticide is to be used only for 
                        research or experimental purposes.
                    ``(B) No pesticide subject to this act may be 
                exported for experimental use without the written 
                consent of the government of the country of use. The 
                consent shall be obtained in the manner prescribed in 
                this paragraph.
                    ``(C)(i) In order to obtain the written consent of 
                the government of country of use, the exporter shall 
                submit a written request for consent to export the 
                experimental pesticide to the Administrator and to the 
                government of the country of use.
                    ``(ii) The Administrator shall transmit to the 
                appropriate official in the appropriate agency 
                responsible for the regulation of pesticides in the 
                country of use the written request, a summary of all 
                available information relating to the actual and 
                potential adverse effects of the experimental pesticide 
                on human health and the environment prepared by the 
                Administrator, and a complete statement of the factual 
                basis for the issuance by the Administrator of an 
                experimental use permit under section 5(a) for the 
                pesticide if the permit has been issued for the 
                pesticide.
                    ``(iii) Not later than 60 days after the receipt of 
                a request under clause (ii), the Administrator shall 
                certify whether the request meets the requirements of 
                clause (iv).
                    ``(iv) On receipt of a request for consent to 
                export an experimental pesticide, the Administrator 
                shall publish in the Federal Register a notice of the 
                receipt of the response. The notice shall identify the 
                experimental pesticide, crop, and target pest that is 
                the subject of the request, the producer and exporter 
                of the pesticide, and the country of use to which the 
                request for permission to export of the pesticide was 
                transmitted.
                    ``(v) The written request transmitted by the 
                Administrator to the country of use shall be subject to 
                public review.
                    ``(D) A written request for consent that is 
                submitted to the Administrator for transmittal to the 
                country of use, and submitted to the country of use, 
                shall identify the pesticide for experimental use and 
                the active ingredients of the pesticide and include--
                            ``(i) the name of the exporter;
                            ``(ii) the trade names and chemical names 
                        of the active ingredients of the pesticide 
                        (including any commonly accepted, generic, or 
                        abbreviated chemical names);
                            ``(iii) a complete description of the 
                        proposed experimental activity, including the 
                        formulation of the pesticide, the application 
                        rates and methods, the pests that are sought to 
                        be controlled, the locations where the 
                        experimental use will be made, the size of the 
                        areas where the experimental pesticide will be 
                        applied, the dates on which the experiment will 
                        be conducted, and the manner in which 
                        experimental data will be collected and 
                        recorded;
                            ``(iv) the name of the persons who shall be 
                        responsible for the design and execution of the 
                        experiment and for the evaluation of the 
                        results of the experiment, along with the 
                        qualifications of the persons;
                            ``(v) the name, address, and qualifications 
                        of the person who will be the representative of 
                        the exporter in the country of use and, if 
                        different, the name, address, and 
                        qualifications of the person in the country of 
                        use who will supervise the experiment;
                            ``(vi) the location and manner of storage 
                        of the pesticide in the country of use;
                            ``(vii) the protection techniques, devices, 
                        and measures that will be provided to protect 
                        the health and safety of workers who will apply 
                        the pesticide and the health and safety of 
                        persons who live or work near the intended 
                        location of the experiment;
                            ``(viii) a complete description of the 
                        results of all information known to the 
                        exporter of the toxic effects of the pesticide, 
                        including its effects on the pest that is to be 
                        controlled, its effects on plants and animals 
                        other than the pest that is likely to be 
                        controlled (with special reference to plant and 
                        animal species at and near the intended 
                        location of the experiment, including any crops 
                        or livestock to which the pesticide may be 
                        applied), and its chronic and acute effects on 
                        human health;
                            ``(ix) a complete description of all 
                        information known by the exporter concerning 
                        the environmental persistence and fate of the 
                        pesticide, including the rate and manner of its 
                        degradation, its retention within plants and 
                        livestock, and its movement within water 
                        supplies;
                            ``(x) a written agreement by the exporter 
                        to promptly advise the country of use of any 
                        changes, revisions, or additions in the facts, 
                        circumstances, and information that relate to 
                        the disclosures and that are required by this 
                        paragraph;
                            ``(xi) a written certification by the 
                        exporter that the pesticide will be used only 
                        for experimental purposes, and will not be used 
                        for any commercial purpose;
                            ``(xii) a written agreement by the exporter 
                        that the exporter will destroy any crops or 
                        livestock to which the pesticide is applied or 
                        that the crops or livestock will be fed only to 
                        experimental animals that will be destroyed and 
                        not used for food purposes; and
                            ``(xiii) such other disclosures as the 
                        Administrator may by regulation require.
                    ``(E) Before transmitting the written request to 
                the country of use, the Administrator may require that 
                studies be conducted to determine whether the use of 
                the pesticide under the conditions of the experimental 
                use may cause unreasonable adverse effects on human 
                health or the environment. The Administrator may also 
                amend the request to limit the time during which the 
                pesticide may be exported or used, or to limit the 
                amount that may be exported.
                    ``(F) On the request of the appropriate official of 
                the country of use, the Administrator shall provide a 
                copy of any records in the files of the Administrator 
                that are associated with an application for an 
                experimental use permit pursuant to section 5(a).
                    ``(G) The country of use may consent, deny consent, 
                or consent to the request on such terms and conditions 
                as the country of use determines to be appropriate, and 
                notify the Administrator and exporter of the decision.
                    ``(H) If the official of the country of use sends 
                to the Administrator a written notice of consent to the 
                use of the pesticide for research or experimental use, 
                the Administrator shall, not later than 5 working days 
                after receipt of the notice, notify the exporter of the 
                pesticide.
                    ``(I) On receipt of the written notice of consent 
                from the Administrator or the country of use, the 
                exporter of the pesticide may export the pesticide in 
                accordance with--
                            ``(i) the terms of the request submitted 
                        under this paragraph;
                            ``(ii) any terms or condition in the 
                        written notice of consent issued by the 
                        official of the country of use; and
                            ``(iii) the requirements of this section.
                    ``(J) If the exporter of the experimental pesticide 
                pursuant to written notice of consent received by the 
                exporter from the government of the country of use, not 
                from the Administrator, the experimental pesticide may 
                not be exported until the exporter has transmitted to 
                the Administrator a copy of the written notice of 
                consent.
                    ``(K) The request for consent and the notice of 
                consent issued by the country of use shall be subject 
                to public review and inspection.
                    ``(L) A producer or exporter of a pesticide that 
                exports a pesticide for research or experimental use to 
                a country of use pursuant to this paragraph shall be 
                subject to the requirements of section 2(p), 2(q), 7, 
                and 8.
            ``(7) Cooperation and coordination with food inspection 
        services.--
                    ``(A) The Administrator shall regularly consult 
                with the Secretary of Health and Human Services 
                concerning the inspection by the Department of Health 
                and Human Services of imported food for pesticide 
                residues.
                    ``(B)(i) The Administrator shall regularly prepare 
                a compilation of the information submitted to the 
                Administrator under this section, and the information 
                submitted under section 7(c)(1)(B), and shall provide 
                the compilation to the Secretary of Health and Human 
                Services.
                    ``(ii) The compilation shall--
                            ``(I) be organized in a manner so as to 
                        provide the Secretary of Health and Human 
                        Services with information that will assist the 
                        Secretary in the inspection of imported food 
                        for pesticide residues;
                            ``(II) be organized and presented in such a 
                        manner as to facilitate the incorporation of 
                        the compilation into the data management system 
                        maintained by the Secretary pursuant to section 
                        4702(a) of the Omnibus Trade and 
                        Competitiveness Act of 1988 (21 U.S.C. 
                        1401(a)); and
                            ``(III) include such additional information 
                        as the Administrator determines is useful to 
                        carry out this paragraph.
                    ``(iii) The Administrator shall prepare the 
                compilation as expeditiously as possible so as to 
                provide the compilation to the Secretary of Health and 
                Human Services and the Secretary of Agriculture in a 
                timely manner and in no event less frequently than once 
                each 6 months.
    ``(b) Notices of Regulatory Events Furnished to Foreign 
Governments.--
            ``(1) In general.--The Administrator shall, not later than 
        30 days after the effective date of an action described in this 
        paragraph, transmit a notice to the appropriate officials of 
        the appropriate departments or agencies of all countries, and 
        to the office responsible for the International Register of 
        Potentially Toxic Chemicals. The Administrator shall provide 
        the notice each time--
                    ``(A) a registration or a cancellation (whether 
                voluntary or involuntary) or suspension, due in whole 
                or in part to human health or environmental risks, of 
                the registration of a pesticide becomes effective or 
                ceases to be effective under this Act;
                    ``(B) a pesticide is first classified for 
                restricted use under this Act;
                    ``(C) a registration of a pesticide is made subject 
                to conditions under section 3(c)(7)(C);
                    ``(D) a pesticide is made subject to an interim 
                administrative review under section 3(c)(8); or
                    ``(E) a pesticide is found to be ineligible for 
                reregistration pursuant to section 4(g)(2)(C).
            ``(2) Contents of notice.--The notice described in 
        paragraph (1) shall include--
                    ``(A) the factual basis on which the Administrator 
                made any findings in support of the regulatory action 
                that is the subject of the notice;
                    ``(B) an explanation of the legal significance of 
                the regulatory action;
                    ``(C) information available to the Administrator in 
                the case of any action that causes a pesticide to be 
                subject to subsection (a)(2)--
                            ``(i) concerning other pesticides 
                        registered under section 3 that could be used 
                        as an alternative to the pesticide including--
                                    ``(I) a complete summary of the 
                                regulatory status under this Act of any 
                                alternative pesticide; and
                                    ``(II) a summary of possible 
                                adverse effects on human health or on 
                                the environment that any alternative 
                                pesticide may cause;
                            ``(ii) nonchemical alternatives to the 
                        pesticide;
                            ``(iii) the names and addresses of 
                        governmental and nongovernmental international 
organizations that the Administrator determines to be capable of 
providing information concerning nonchemical alternatives to the 
pesticide; and
                            ``(iv) the name and address of the office 
                        of the Environmental Protection Agency that 
                        will, on request, provide additional 
                        information concerning any pesticide that is 
                        subject to regulatory action, and alternatives 
                        to the pesticide.''.
    (b) Cooperation in International Efforts.--Subsection (d) of 
section 17 of such Act is amended to read as follows:
    ``(d) Cooperation in International Efforts.--The Administrator 
shall--
            ``(1) sponsor, in cooperation with the Agency for 
        International Development of the Department of State, the Food 
        and Drug Administration of the Department of Health and Human 
        Services, the United States Department of Agriculture, the 
        United Nations Environment Program and agencies, Food and 
        Agriculture Organization, and any other appropriate Federal 
        agencies or departments, not later than 1 year after the date 
        of the enactment of this subsection, a meeting of 
        representatives of foreign governments, nongovernmental 
        organizations, and other interested parties, and sponsor such 
        additional meetings, as the Administrator determines to be 
        necessary to promote the development and implementation of 
        improved research and regulatory programs for pest management, 
        and improved strategies for sustainable agriculture, including 
        the promotion and development of integrated pest management and 
        nonchemical alternatives;
            ``(2) to the fullest extent possible, provide foreign 
        countries with technical assistance to develop comprehensive 
        pesticide regulatory programs; and
            ``(3) not later than 1 year after the date of enactment of 
        this subsection, convene, a meeting of representatives of 
        foreign governments, nongovernmental organizations, and other 
        interested parties, and sponsor such other meetings as may be 
        necessary, to actively encourage the adoption of a binding 
        multilateral convention requiring standard, mandatory notice 
        and export control measures for pesticides.''.
    (c) Citizen Assistance in Enforcement; Application of Section.--
Section 17 of such Act is amended--
            (1) by redesignating subsection (e) as subsection (g); and
            (2) by inserting after subsection (d) the following new 
        subsection:
    ``(f) Citizen Assistance in Enforcement.--
            ``(1) Civil enforcement actions.--Any person may bring a 
        civil action in a United States district court to secure the 
        imposition of a civil penalty by the court on any person who 
        commits an unlawful act specified in section 12(a)(2)(T). 
        Jurisdiction and venue shall be proper in the judicial district 
        in which the unlawful act was committed, where the defendant 
        resides, or where the defendant has a regularly established 
        place of business. If the court finds that an unlawful act has 
        been committed, the court shall impose a penalty on the person 
        committing the act in accordance with section 14(a). One half 
        of the penalty shall be for the use of the United States and 
        one half of the penalty shall be paid to the person who brought 
        the civil action. The court may also impose, as a further 
        penalty, the plaintiff's costs in bringing the civil action, 
        including reasonable attorney's fees, expert witness fees, and 
        expenses.
            ``(2) Bad faith actions.--If the court finds that no 
        unlawful act has been committed, that the civil action was 
        brought in bad faith, and that the civil action was either 
        brought without reasonable inquiry as to the facts concerning 
        the alleged unlawful act or was not warranted by existing law 
        or by a good faith argument for the extension, reversal, or 
        modification of an existing interpretation of law, the court 
        may impose a sanction on the person who brought the civil 
        action, and the attorneys of the person, of not more than 
        $5,000 and may order them to pay the reasonable costs of the 
        party accused of committing the unlawful act, including 
        reasonable attorney's fees.
            ``(3) Notice required.--No person may bring a civil action 
        under this subsection unless the person informs the 
        Administrator 60 days before filing a complaint that a civil 
        action will be brought and also informs the Administrator of 
        the complete factual basis for bringing the civil action.
            ``(4) Same unlawful acts.--No civil action may be initiated 
        pursuant to this subsection on the basis of the same unlawful 
        acts that form the basis for proceedings that have already been 
        initiated under section 14(b) for a criminal violation of this 
        Act. If proceedings are initiated under section 14(b) for a 
        criminal violation of this Act on the basis of the same 
        unlawful acts that form the basis of a civil action that has 
        already been initiated pursuant to this subsection, the civil 
        action, to the extent that it is based on the same acts, shall 
        be dismissed without costs to either party.
    ``(g) Application of Section.--
            ``(1) In general.--This section governs the export and 
        import of all pesticides that are subject to this Act.
            ``(2) No exemption.--This Act shall not be construed to 
        exempt any pesticide or device that is subject to this Act from 
        any requirement of this section, except in the case of a 
        pesticide or device the domestic use of which is exempt from 
        this Act pursuant to section 25(b).''.

SEC. 106. HEALTH AND ENVIRONMENTAL EFFECTS REPORTS.

    (a) In General.--Not later than 1 year after the effective date of 
this Act, and each 4 years thereafter, the Comptroller General shall 
report to Congress on--
            (1) the operation and effect of this Act (and the 
        amendments made by this Act), including the administration of 
        this Act (and such amendments); and
            (2) how exported pesticides and their containers are used 
        and disposed of, and their impact on the public health and 
        environment of the countries of use.
    (b) Information.--The Comptroller General shall solicit information 
to carry out this section from knowledgeable parties, including the 
governments of the countries of use, exporters and nongovernmental 
organizations.

SEC. 107. CONFORMING AMENDMENTS TO TABLE OF CONTENTS.

    The table of contents in section 1(b) of the Federal Insecticide, 
Fungicide, and Rodenticide Act (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) Country of use.''; and
            (2) by striking the items relating to section 17 and 
        inserting the following new items:

``SEC. 17. IMPORTS AND EXPORTS.

    ``(a) Pesticides or devices intended for export.
            ``(1) General requirements.
            ``(2) Additional requirements for the export of certain 
        pesticides.
            ``(3) Exports not permitted as offensive to the public 
        policy of the country of use.
            ``(4) Temporary waiver for control of communicable disease.
            ``(5) Temporary waiver in circumstances of famine.
            ``(6) Special exemption for the export of experimental 
        pesticides.
            ``(7) Cooperation and coordination with food inspection 
        services.
    ``(b) Notices of regulatory events furnished to foreign 
governments.
            ``(1) In general.
            ``(2) Contents of notice.
    ``(c) Importation of pesticides and devices.
    ``(d) Cooperation in international efforts.
    ``(e) Citizen assistance in enforcement.
            ``(1) Civil enforcement actions.
            ``(2) Bad faith actions.
            ``(3) Notice required.
            ``(4) Same unlawful acts.
    ``(f) Application of section.
            ``(1) In general.
            ``(2) No exemption.
    ``(g) Regulations.''.

                 TITLE II--PESTICIDE RESIDUE MONITORING

SEC. 201. DATA MANAGEMENT.

    Subsection (c) of section 4702 of the Omnibus Trade and 
Competitiveness Act of 1988 (21 U.S.C. 1401(c)) is amended to read as 
follows:
    ``(c) Volume Data.--The Food and Drug Administration shall use the 
computerized data management systems placed into effect under 
subsection (a)(1) to summarize the volume of each type of food product 
subject to the requirements of the Federal Food, Drug, and Cosmetic Act 
(21 U.S.C. 321 et seq.) that is imported into the United States in 
quantities that are determined by the Secretary of Health and Human 
Services to be commercial quantities. The summary shall be made by food 
product, country of origin, port of entry, pesticides for which the 
Secretary routinely monitors, pesticide residues detected, and the 
quantity of each pesticide exported from the United States to the 
country of origin for agricultural use. The summary shall also indicate 
the volume of each type of food actually tested for pesticide residues, 
arranged by pesticide, food, and country of origin. Information with 
respect to volumes of food products and exported pesticides to be 
included in this summary shall, to the extent feasible, be obtained 
from other Federal agencies.''.

                    TITLE III--PESTICIDE TOLERANCES

SEC. 301. REVOCATION OF TOLERANCES AND PRACTICAL TESTING METHODS.

    Section 408 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
346a) is amended by adding at the end the following new subsections:
    ``(p)(1)(A) If the Administrator, acting under the Federal 
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.), 
with or without the consent of the registrant, either cancels the 
registration of each pesticide that contains a particular pesticide 
chemical and that is registered for use on a particular food, or 
requires that the registration of each such pesticide be modified to 
prohibit the use of the pesticide in connection with the production, 
storage, processing, or transportation of the food, the Administrator 
shall revoke any tolerance or exemption under this section or section 
409 that permits the presence of the pesticide chemical, or any 
pesticide chemical that results from its use, in or on the food. The 
Administrator shall, not later than 30 days after the date on which 
this subparagraph initially applies to the pesticide chemical, publish 
a notice in the Federal Register issuing an order revoking any 
tolerance or exemption for the use established under this section or 
section 409 for the pesticide chemical in or on the food.
    ``(B) The effective date of a revocation described in subparagraph 
(A) shall be 180 days after the date on which subparagraph (A) 
initially applies to the pesticide chemical.
    ``(C) The Administrator may delay the effective date of a 
modification or revocation of a tolerance or exemption from the 
requirement of a tolerance for a pesticide chemical residue in or on a 
food under this section or section 409 if the modification or 
revocation would require a lower level of the pesticide chemical 
residue in or on the food than the level in effect under the tolerance 
or exemption immediately before the date the modification or revocation 
would otherwise take effect.
    ``(D) The Administrator may delay the effective date, to permit the 
tolerance or exemption to remain at the level in effect immediately 
before the date the modification or revocation would otherwise take 
effect, for the period of time that the Administrator determines is 
necessary to allow foods that could contain the pesticide chemical 
residue as a result of lawful application of the pesticide chemical 
prior to the date the modification or revocation would otherwise take 
effect to be sold to consumers in the course of the usual practice for 
the production, processing, transportation, storage, and distribution 
of that type of food.
    ``(E) The Administrator shall designate the delayed effective date 
and describe the determinations supporting the selection of the date in 
the order modifying or revoking the tolerance or exemption.
    ``(F) Notwithstanding subparagraph (C) or (D), the Administrator 
shall, in the order modifying or revoking the tolerance or exemption, 
establish a shorter period of time for delay of the effective date, or 
provide for no delay of the effective date, for the modification or 
revocation, if the Administrator determines that the shorter period, or 
no delay of the effective date, is necessary to protect the public 
health during the period of the delay that would be required under 
subparagraph (C) or (D).
    ``(2)(A) If the Administrator, acting under the Federal 
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.), 
with or without the consent of the registrant, suspends the use of each 
registered pesticide that contains a particular pesticide chemical and 
that is labeled for use on a particular food, due in whole or in part 
to dietary risks to humans posed by residues of the pesticide chemical 
in or on the food, the Administrator shall suspend any tolerance or 
exemption under this section or section 409 that allows the presence of 
the pesticide chemical, or any pesticide chemical residue that results 
from its use, in or on the food.
    ``(B) The suspension of a tolerance or exemption under subparagraph 
(A) shall be effective as long as each associated registration of a 
pesticide is suspended under the Federal Insecticide, Fungicide, and 
Rodenticide Act (7 U.S.C. 136 et seq.).
    ``(C) While a suspension of a tolerance or exemption is in effect 
the tolerance or exemption shall not be considered to be in effect. If 
the suspension of the associated registration of the pesticide under 
the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 
et seq.) is terminated, leaving the registration of the pesticide for 
the use in effect under such Act, the Administrator shall rescind any 
associated suspension of a tolerance or exemption.
    ``(D) The effective date of a suspension described in subparagraph 
(A) shall be 120 days after the date on which the registration that is 
the subject of an order of suspension or an order of emergency 
suspension initially applies to the pesticide chemical.
    ``(E) The effective date of a suspension may be delayed in 
accordance with subparagraphs (C), (D), (E) and (F) of paragraph (1).
    ``(3)(A) In connection with action taken under paragraph (1)(A) or 
(2)(A) or taken with respect to pesticides whose registrations were 
canceled prior to the effective date of this section, if the 
Administrator determines that a residue of the canceled or suspended 
pesticide chemical will unavoidably persist in the environment and be 
present in or on a food, the Administrator may establish a tolerance 
for the pesticide chemical residue at a level that permits the 
unavoidable residue to remain in or on the food and will protect the 
public health. In establishing such a tolerance, the Administrator 
shall use the procedures set forth in subsection (e).
    ``(B) Not later than 1 year after the date on which action is taken 
under paragraph (1)(A) or (2)(A), and not less than annually thereafter 
until the date on which the revocation or suspension of the tolerance 
becomes effective, the Administrator shall reduce the tolerance for the 
pesticide chemical residue under this section or section 409, if any 
decrease in residual environmental contamination by the pesticide 
chemical, or residues of the pesticide chemical in or on lawfully 
treated food has occurred, based on information reasonably available to 
the Administrator.
    ``(4) Review of a final order under this paragraph shall be in 
accordance with subsection (i).
    ``(q)(1) The Administrator shall not establish a tolerance for a 
pesticide chemical residue, or allow such a tolerance to remain in 
effect, under this section or section 409 unless the Administrator 
determines, after consultation with the Secretary, that--
            ``(A) there is a method for detecting and measuring the 
        levels of such pesticide chemical residue in or on a food that 
        will detect the residue at the level established by the 
        tolerance; and
            ``(b) such method is the best available, practical method.
    ``(2) A method shall be considered practical for purposes of 
paragraph (1)(B) if--
            ``(A) the method can be performed by the Secretary on a 
        routine basis as part of surveillance and compliance sampling 
        of foods for pesticide chemical residues with the personnel, 
        equipment, and other resources available to the Secretary; and
            ``(B)(i) the method is a multi-residue method; or
            ``(ii) no multi-residue method is available.''.

                    TITLE IV--PESTICIDE INFORMATION

SEC. 401. DISCLOSING OF PESTICIDES IN IMPORT DOCUMENTS

    (a) Raw Agricultural Commodities.--
            ``(1) In general.--Section 801 of the Federal Food, Drug, 
        and Cosmetic Act (21 U.S.C. 381) is amended--
                    ``(A) by redesignating subsection (e) as subsection 
                (f); and
                    ``(B) by inserting after subsection (d) the 
                following new subsection:
    ``(e)(1)(A) No raw agricultural commodity may be admitted into the 
customs territory of the United States (as defined in general note 2 of 
the Harmonized Tariff Schedules of the United States) unless the 
importer of the specified agricultural commodity files with the 
Secretary and the Secretary of the Treasury, in accordance with 
subparagraph (B), an import document that identifies each pesticide 
chemical known to be or customarily used on, or in connection with the 
production of, the raw agricultural commodity by any agricultural 
producer or group of agricultural producers of the raw agricultural 
commodity.
    ``(B) On or before the date on which the raw agricultural commodity 
is imported, the importer described in subparagraph (A) shall file with 
the Secretary and the Secretary of the Treasury the import document 
described in subparagraph (A).
    ``(2)(A) Except as provided in subparagraph (C), if the Secretary 
determines that a sample of the raw agricultural commodity submitted as 
the food sample described in subsection (a) contains a pesticide 
chemical that was not reported in the import document described in 
paragraph (1) (hereafter in this subsection referred to as the 
`unreported pesticide chemical'), the Secretary shall, except as 
provided in subparagraph (B), require that the importer file with any 
import document for any subsequent shipment of the raw agricultural 
commodity listed in the import document for the shipment associated 
with the sample--
            ``(i) the results of an analysis designed to detect levels 
        of residues of the unreported pesticide chemical; and
            ``(ii) the results of an analysis designed to detect the 
        levels of all residues of other pesticide chemicals used on, or 
        in connection with the production of, the raw agricultural 
        commodity, as determined by the Secretary.
    ``(B) The Secretary may waive the requirements of clauses (i) and 
(ii) of subparagraph (A) after the importer has demonstrated a clear 
pattern of consistent compliance under subparagraph (A), as determined 
in regulations prescribed by the Secretary. The regulations shall 
require that the Secretary take into account whether the failure of the 
importer to include an unreported pesticide chemical in an import 
document described in paragraph (1) is the first such failure by the 
importer.
    ``(C) Subparagraph (A) shall not apply if the importer described in 
subparagraph (A) demonstrates to the satisfaction of the Secretary 
that--
            ``(i) the unreported pesticide chemical in or on the raw 
        agricultural commodity is attributable to the long-term 
        environmental persistence of the pesticide; and
            ``(ii) the level of the residue of the pesticide chemicals 
        in or on the raw agricultural commodity does not pose a risk to 
        human health.
    ``(3) To the extent allowable by law, the Secretary shall, on 
request by the appropriate official of a State agency or department 
responsible for the monitoring of raw agricultural commodities for 
residues of pesticide chemicals in or on the commodities, provide to 
the official any information obtained by the Secretary in the 
administration of this subsection.''.
            (2) Conforming amendments.--
                    (A) Section 304(d)(1) of the Federal Food, Drug, 
                and Cosmetic Act (21 U.S.C. 334(d)(1)) is amended by 
                striking ``801(d)'' each place the term appears and 
                inserting ``801(f)''.
                    (B) Section 802 of the Federal Food, Drug, and 
                Cosmetic Act (21 U.S.C. 382) is amended--
                            (i) in subsection (b)(1)(G), by striking 
                        ``801(d)'' and inserting ``801(f)''; and
                            (ii) in subsection (f)(1)(E), by striking 
                        ``801(d)'' and inserting ``801(f)''.
    (b) Meat.--Section 20 of the Federal Meat Inspection Act (21 U.S.C. 
620) is amended by adding at the end the following new subsection:
    ``(i)(1)(A) No meat may be admitted into the customs territory of 
the United States (as defined in general note 2 of the Harmonized 
Tariff Schedule of the United States) unless the importer of the meat 
files with the Secretary and the Secretary of the Treasury, in 
accordance with subparagraph (B), an import document that identifies 
each pesticide chemical known to be or customarily used on, or in 
connection with the production of, the meat by any agricultural 
producer or group of agricultural producers of the meat.
    ``(B) On or before the date on which the product is imported, the 
importer described in subparagraph (A) shall file with the Secretary 
and the Secretary of the Treasury the import document described in 
subparagraph (A).
    ``(2)(A) Except as provided in subparagraph (C), if the Secretary 
determines that a sample of the meat submitted under subsection (f) 
contains a pesticide chemical that was not reported in the import 
document described in paragraph (1) (hereafter in this paragraph 
referred to as the `unreported pesticide chemical'), the Secretary 
shall, except as provided in subparagraph (B), require that the 
importer file with any import document for any subsequent shipment of 
the product listed in the import document for the shipment associated 
with the sample--
            ``(i) the results of an analysis designed to detect levels 
        of residues of the unreported pesticide chemical; and
            ``(ii) the results of an analysis designed to detect the 
        levels of all residues of other pesticide chemicals used on, or 
        in connection with the production of, the meat, as determined 
        by the Secretary.
    ``(B) The Secretary may waive the requirements of clauses (i) and 
(ii) of subparagraph (A) after the importer has demonstrated a clear 
pattern of consistent compliance under subparagraph (A), as determined 
in regulations prescribed by the Secretary. The regulations shall 
require that the Secretary take into account whether the failure of the 
importer to include an unreported pesticide chemical in an import 
document described in paragraph (1) is the first such failure by the 
importer.
    ``(C) Subparagraph (A) shall not apply if the importer described in 
subparagraph (A) demonstrates to the satisfaction of the Secretary 
that--
            ``(i) the unreported pesticide chemical in or on the meat 
        is attributable to the long-term environmental persistence of 
        the pesticide; and
            ``(ii) the level of the residue of the pesticide chemicals 
        in or on the meat does not pose a risk to human health.
    ``(3) To the extent allowable by law, the Secretary shall, on 
request by the appropriate official of a State agency or department 
responsible for the monitoring of food for residues of pesticide 
chemicals in or on the food, provide to the official any information 
obtained by the Secretary in the administration of this subsection.''.
    (c) Poultry.--Section 17 of the Poultry Products Inspection Act (21 
U.S.C. 466) is amended by adding at the end the following new 
subsection:
    ``(e)(1)(A) No imported poultry described in subsection (d) may be 
admitted into the customs territory of the United States (as defined in 
general note 2 of the Harmonized Tariff Schedule of the United States) 
unless the importer of the poultry files with the Secretary and the 
Secretary of the Treasury, in accordance with subparagraph (B), an 
import document that identifies each pesticide chemical known to be or 
customarily used on, or in connection with the production of, the 
poultry by any agricultural producer or group of agricultural producers 
of the poultry.
    ``(B) On or before the date on which the poultry is imported, the 
importer described in subparagraph (A) shall file with the Secretary 
and the Secretary of the Treasury the import document described in 
subparagraph (A).
    ``(2)(A) Except as provided in subparagraph (C), if the Secretary 
determines that a sample of the poultry submitted under subsection (d) 
contains a pesticide chemical that was not reported in the import 
document described in paragraph (1) (hereafter in this paragraph 
referred to as the `unreported pesticide chemical'), the Secretary 
shall, except as provided in subparagraph (B), require that the 
importer file with any import document for any subsequent shipment of 
the poultry listed in the import document for the shipment associated 
with the sample--
            ``(i) the results of an analysis designed to detect levels 
        of residues of the unreported pesticide chemical; and
            ``(ii) the results of an analysis designed to detect the 
        levels of all residues of other pesticide chemicals used on, or 
        in connection with the production of, the poultry, as 
        determined by the Secretary.
    ``(B) The Secretary may waive the requirements of clauses (i) and 
(ii) of subparagraph (A) after the importer has demonstrated a clear 
pattern of consistent compliance under subparagraph (A), as determined 
in regulations prescribed by the Secretary. The regulations shall 
require that the Secretary take into account whether the failure of the 
importer to include an unreported pesticide chemical in an import 
document described in paragraph (1) is the first such failure by the 
importer.
    ``(C) Subparagraph (A) shall not apply if the importer described in 
subparagraph (A) demonstrates to the satisfaction of the Secretary 
that--
            ``(i) the unreported pesticide chemical in or on the 
        poultry is attributable to the long-term environmental 
        persistence of the pesticide; and
            ``(ii) the level of the residue of the pesticide chemicals 
        in or on the poultry does not pose a risk to human health.
    ``(3) To the extent allowable by law, the Secretary shall, on 
request by the appropriate official of a State agency or department 
responsible for the monitoring of food for residues of pesticide 
chemicals in or on the food, provide to the official any information 
obtained by the Secretary in the administration of the subsection.''.
    (d) Eggs.--Section 17 of the Egg Products Inspection Act (21 U.S.C. 
1046) is amended by adding at the end the following new subsection:
    ``(e)(1)(A) No imported egg or egg product described in subsection 
(a) may be admitted into the customs territory of the United States (as 
defined in general note 2 of the Harmonized Tariff Schedule of the 
United States) unless the importer of the egg or egg product files with 
the Secretary and the Secretary of the Treasury, in accordance with 
subparagraph (B), an import document that identifies each pesticide 
chemical known to be or customarily used on, or in connection with the 
production of, the egg or egg product by any agricultural producer or 
group agricultural producers of the egg or egg product.
    ``(B) On or before the date on which the egg or egg product is 
imported, the importer described in subparagraph (A) shall file with 
the Secretary and the Secretary of the Treasury the import document 
described in subparagraph (A).
    ``(2)(A) Except as provided in subparagraph (C), if the Secretary 
determines that a sample of the egg or egg product submitted under 
subsection (a) contains a pesticide chemical that was not reported in 
the import document described in paragraph (1) (hereafter in 
this paragraph referred to as the `unreported pesticide chemical'), the 
Secretary shall, except as provided in subparagraph (B), require that 
the importer file with any import document for any subsequent shipment 
of the egg or egg product listed in the import document for the 
shipment associated with the sample--
            ``(i) the results of an analysis designed to detect levels 
        of residues of the unreported pesticide chemical; and
            ``(ii) the results of an analysis designed to detect the 
        levels of all residues of other pesticide chemicals used on, or 
        in connection with the production of, the egg or egg product, 
        as determined by the Secretary.
    ``(B) The Secretary may waive the requirements of clauses (i) and 
(ii) of subparagraph (A) after the importer has demonstrated a clear 
pattern of consistent compliance under subparagraph (A), as determined 
in regulations prescribed by the Secretary. The regulations shall 
require that the Secretary take into account whether the failure of the 
importer to include an unreported pesticide chemical in an import 
document described in paragraph (1) is the first such failure by the 
importer.
    ``(C) Subparagraph (A) shall not apply if the importer described in 
subparagraph (A) demonstrates to the satisfaction of the Secretary 
that--
            ``(i) the unreported pesticide chemical in or on the egg or 
        egg product is attributable to the long-term environmental 
        persistence of the pesticide; and
            ``(ii) the level of the residue of the pesticide chemicals 
        in or on the egg or egg product do not pose a risk to human 
        health.
    ``(3) To the extent allowable by law, the Secretary shall, on 
request by the appropriate official of a State agency or department 
responsible for the monitoring of food for residues of pesticide 
chemicals in or on the food, provide to the official any information 
obtained by the Secretary in the administration of this subsection.''.

SEC. 402. ANNUAL REPORTS BY AGRICULTURAL ATTACHES.

    Section 108 of the Agricultural Act of 1954 (7 U.S.C. 1748) (as 
added by section 1532 of the Food, Agriculture, Conservation, and Trade 
Act of 1990 (Public Law 101-624)) is amended--
            (1) In subsection (a)(1)--
                    (A) by striking ``and'' at the end of subparagraph 
                (B); and
                    (B) by adding after subparagraph (C) the following 
                new subparagraph:
                    ``(D) the customary use of the pesticides in the 
                production of agricultural commodities in such 
                countries, except that--
                            ``(i) a priority shall be placed on 
                        gathering information on agricultural 
                        commodities that the country exports to the 
                        United States; and
                            ``(ii) to the extent practicable, gather 
                        information on agricultural commodities that 
                        the country may export to the United States via 
                        a third country; and''; and
            (2) in subsection (b)--
                    (A) by striking ``and'' at the end of paragraph 
                (3);
                    (B) by striking the period at the end of paragraph 
                (4) and inserting ``; and ''; and
                    (C) by adding at the end thereof the following new 
                paragraph:
            ``(5) annually provide the information in reports prepared 
        under subsection (a)(1)(D) to the Secretary of Health and Human 
        Services and the Secretary of the Treasury.''.

                        TITLE V--EFFECTIVE DATES

SEC. 501. EFFECTIVE DATES.

    (a) In General.--Except as otherwise provided in this section, this 
Act and the amendments made by this Act shall become effective on the 
date of enactment of this Act.
    (b) Imports and Exports.--The amendments made by section 105 shall 
become effective 180 days after the date of enactment of this Act.
    (c) Pesticide Residue Monitoring.--The amendment made by title II 
shall become effective 1 year after the date of enactment of this Act.
                                 <all>