[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2118 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 2118

To amend the Toxic Substances Control Act and the Federal Insecticide, 
Fungicide, and Rodenticide Act to implement the Stockholm Convention on 
 Persistent Organic Pollutants and the Protocol on Persistent Organic 
Pollutants to the Convention on Long-Range Transboundary Air Pollution.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 11, 2002

 Mr. Jeffords introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
To amend the Toxic Substances Control Act and the Federal Insecticide, 
Fungicide, and Rodenticide Act to implement the Stockholm Convention on 
 Persistent Organic Pollutants and the Protocol on Persistent Organic 
Pollutants to the Convention on Long-Range Transboundary Air Pollution.

    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 ``POPS 
Implementation Act of 2002''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
   TITLE I--USE OR PRODUCTION OF POPS CHEMICAL SUBSTANCES OR MIXTURES

Sec. 101. Definitions.
Sec. 102. Regulation of hazardous chemical substances and mixtures.
Sec. 103. Reporting and retention of information.
Sec. 104. International conventions and cooperation in international 
                            efforts.
Sec. 105. Exports.
Sec. 106. Prohibited acts.
Sec. 107. Research program to support POPs Convention.
             TITLE II--USE OR PRODUCTION OF POPS PESTICIDES

Sec. 201. Definitions.
Sec. 202. Registration of pesticides.
Sec. 203. Unlawful acts.
Sec. 204. Imports, exports, and international conventions.
Sec. 205. Conforming amendments.

   TITLE I--USE OR PRODUCTION OF POPS CHEMICAL SUBSTANCES OR MIXTURES

SEC. 101. DEFINITIONS.

    Section 3 of the Toxic Substances Control Act (15 U.S.C. 2602) is 
amended--
            (1) in paragraph (2)(B), by striking clause (ii) and 
        inserting the following:
            ``(ii) any pesticide that may, under the Federal 
        Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et 
        seq.), be lawfully sold or distributed for use in the United 
        States,'';
            (2) by redesignating paragraphs (4), (5), (6), (7), (8), 
        (9), (10), (11), (12), (13), and (14) as paragraphs (5), (6), 
        (8), (12), (13), (14), (19), (20), (21), (22), and (23), 
        respectively;
            (3) by inserting after paragraph (3) the following:
            ``(4) Conference.--The term `Conference' means the 
        Conference of the Parties established by paragraph 1 of Article 
        19 of the POPs Convention.'';
            (4) by inserting after paragraph (6) (as redesignated by 
        paragraph (2)) the following:
            ``(7) Executive body.--The term `Executive Body' means the 
        Executive Body established by Article 10 of the LRTAP 
        Convention.'';
            (5) by inserting after paragraph (8) (as redesignated by 
        paragraph (2)) the following:
            ``(9) LRTAP convention.--The term `LRTAP Convention' means 
        the Convention on Long-Range Transboundary Air Pollution, done 
        at Geneva on November 13, 1979 (TIAS 10541).
            ``(10) LRTAP pops chemical substance or mixture.--The term 
        `LRTAP POPs chemical substance or mixture' means any chemical 
        substance or mixture--
                    ``(A)(i) that is listed in Annex I or II to the 
                LRTAP POPs Protocol; but
                    ``(ii) that is not listed in Annex A or B to the 
                POPs Convention; and
                    ``(B) with respect to which the listing in Annex I 
                or II to the LRTAP POPs Protocol has entered into force 
                with respect to the United States under paragraph 3 of 
                Article 14 of the LRTAP POPs Protocol.
            ``(11) LRTAP pops protocol.--The term `LRTAP POPs Protocol' 
        means the Protocol on Persistent Organic Pollutants to the 
        LRTAP Convention, done at Aarhus on June 24, 1998.''; and
            (6) by inserting after paragraph (14) (as redesignated by 
        paragraph (2)) the following:
            ``(15) PCB.--The term `PCB' means a polychlorinated 
        biphenyl.
            ``(16) POPs chemical substance or mixture.--The term `POPs 
        chemical substance or mixture' means--
                    ``(A) aldrin;
                    ``(B) chlordane;
                    ``(C) dichlorodiphenyltrichloroethane (DDT); and
                    ``(D) dieldrin;
                    ``(E) endrin;
                    ``(F) heptachlor;
                    ``(G) hexachlorobenzene;
                    ``(H) mirex;
                    ``(I) PCBs;
                    ``(J) toxaphene; and
                    ``(K) any other chemical substance or mixture--
                            ``(i) that is listed in Annex A or B to the 
                        POPs Convention; and
                            ``(ii) with respect to which an amendment 
                        adding the chemical substance or mixture to 
                        Annex A or B to the POPs Convention has entered 
                        into force with respect to the United States 
                        under paragraph 4 of Article 22 of the POPs 
                        Convention.
            ``(17) POPs convention.--The term `POPs Convention' means 
        the Stockholm Convention on Persistent Organic Pollutants, done 
        at Stockholm on May 22, 2001.
            ``(18) POPs review committee.--The term `POPs Review 
        Committee' means the Persistent Organic Pollutants Review 
        Committee established under paragraph 6 of Article 19 of the 
        POPs Convention.''.

SEC. 102. REGULATION OF HAZARDOUS CHEMICAL SUBSTANCES AND MIXTURES.

    Section 6 of the Toxic Substances Control Act (15 U.S.C. 2605) is 
amended by adding at the end the following:
    ``(f) POPs Convention.--
            ``(1) Prohibition on specified pops chemical substances and 
        mixtures.--Subject to paragraph (3) and the POPs Convention, 
        notwithstanding any other provision of law, a person shall not 
        manufacture, process, distribute in commerce, use, or dispose 
        of a POPs chemical substance or mixture specified in any of 
        subparagraphs (A) through (J) of section 3(16).
            ``(2) Prohibition on other pops chemical substances and 
        mixtures.--
                    ``(A) In general.--Subject to paragraph (3), 
                notwithstanding any other provision of law, a person 
                shall not manufacture, process, distribute in commerce, 
                use, or dispose of a POPs chemical substance or mixture 
                described in section 3(16)(K)--
                            ``(i) that is not subject to paragraph (1); 
                        and
                            ``(ii) with respect to which regulations 
                        have been promulgated under subparagraph (B).
                    ``(B) Regulations by the administrator.--
                            ``(i) Chemical substance or mixture listed 
                        under pops convention.--Notwithstanding any 
                        other provision of law, if the Conference 
                        adopts an amendment to list a chemical 
                        substance or mixture in Annex A or B to the 
                        POPs Convention, the Administrator may, at the 
                        discretion of the Administrator, commence a 
                        rulemaking under subsection (a) to prohibit or 
                        restrict any manufacture, processing, 
                        distribution in commerce, use, or disposal of 
                        the chemical substance or mixture that is or 
                        would be inconsistent with the amendment.
                            ``(ii) Determination of unreasonable 
                        risks.--
                                    ``(I) In general.--Subject to 
                                subclause (II), in any rulemaking 
                                described in clause (i), any 
                                manufacture, processing, distribution 
                                in commerce, use, or disposal of the 
                                chemical substance or mixture that is 
                                or would be inconsistent with the 
                                amendment described in that clause (as 
                                determined by the Administrator with 
                                the concurrence of the Secretary of 
                                State) shall be deemed to present an 
                                unreasonable risk of injury to health 
                                or the environment.
                                    ``(II) Exceptions.--Subclause (I) 
                                shall not apply to a chemical substance 
                                or mixture to the extent that the 
                                Administrator determines that--
                                            ``(aa) any or all of the 
                                        manufacture, processing, 
                                        distribution in commerce, use, 
                                        or disposal is necessary to 
                                        prevent significant harm to an 
                                        important sector of the 
                                        economy; and
                                            ``(bb) each substitute that 
                                        the Administrator evaluates 
                                        based on reporting under 
                                        section 8(f) and other 
                                        information available to the 
                                        Administrator presents risks to 
                                        health or the environment that 
                                        are significantly greater than 
                                        the risks presented by the 
                                        chemical substance or mixture.
                            ``(iii) Effectiveness of final 
                        regulations.--Final regulations relying on an 
                        unreasonable risk of injury to health or the 
                        environment resulting from an amendment by the 
                        Conference under this paragraph shall become 
                        effective only to the extent that an amendment 
                        adding the chemical substance or mixture to 
                        Annex A or B to the POPs Convention has entered 
                        into force with respect to the United States 
                        under paragraph 4 of Article 22 of the POPs 
                        Convention.
                            ``(iv) Exemption from requirement to 
                        publish statement.--In any rulemaking under 
                        this subparagraph, the Administrator shall not 
                        be required to publish a statement under 
                        subsection (c)(1).
            ``(3) Exemptions.--
                    ``(A) Exemptions under pops convention.--The 
                prohibitions specified in paragraphs (1) and (2) shall 
                not apply to any manufacture, processing, distribution 
                in commerce, use, or disposal of a POPs chemical 
                substance or mixture that the Administrator determines, 
                through final regulations promulgated under subsection 
                (a)--
                            ``(i) is consistent with--
                                    ``(I) a production or use specific 
                                exemption under Annex A or B to the 
                                POPs Convention; or
                                    ``(II) an acceptable purpose 
                                available to the United States under 
                                Annex B to the POPs Convention; and
                            ``(ii) would, as a result, not prevent the 
                        United States from complying with the 
                        obligations of the United States under the POPs 
                        Convention.
                    ``(B) Unintentional trace contaminants.--To the 
                extent consistent with the POPs Convention, the 
                prohibitions specified in paragraphs (1) and (2) shall 
                not apply to any quantity of a POPs chemical substance 
                or mixture that occurs as an unintentional trace 
                contaminant in an article.
                    ``(C) Research.--To the extent consistent with the 
                POPs Convention, the prohibitions specified in 
                paragraphs (1) and (2) shall not apply to any quantity 
                of a POPs chemical substance or mixture that is used 
                for laboratory scale research or as a reference 
                standard.
                    ``(D) Constituent of article in use before 
                prohibition applied.--To the extent consistent with the 
                POPs Convention, the prohibitions specified in 
                paragraphs (1) and (2) shall not apply to any quantity 
                of a POPs chemical substance or mixture that occurs as 
                a constituent of an article (other than a PCB article, 
                which may continue to be used in accordance with Annex 
                A to the POPs Convention and paragraph 6 of Article 3 
                of the POPs Convention), if--
                            ``(i) the article is manufactured or in use 
                        on or before the date of entry into force of 
                        the obligation applicable to the POPs chemical 
                        substance or mixture; and
                            ``(ii) the Administrator has met any 
                        applicable requirement of the POPs Convention 
                        to notify the Secretariat of the POPs 
                        Convention concerning the article.
                    ``(E) Closed-system site-limited intermediate.--
                            ``(i) Exemption.--To the extent consistent 
                        with the POPs Convention, the prohibitions 
                        specified in paragraphs (1) and (2) shall not 
                        apply to any quantity of a POPs chemical 
                        substance or mixture that is manufactured and 
                        used as a closed-system site-limited 
                        intermediate, if, before the commencement of 
                        the manufacture or use under the POPs 
                        Convention, and at the end of each 10-year 
                        period thereafter--
                                    ``(I) any person that desires to 
                                invoke the exemption provides to the 
                                Administrator information concerning--
                                            ``(aa) the annual total 
                                        quantity of the POPs chemical 
                                        substance or mixture 
                                        anticipated to be manufactured 
                                        or used or a reasonable 
                                        estimate of the quantity; and
                                            ``(bb) the nature of the 
                                        closed-system site-limited 
                                        process, including the quantity 
                                        of any nontransformed and 
                                        unintentional trace 
                                        contamination by the POPs 
                                        chemical substance or mixture 
                                        that remains in the final 
                                        product; and
                                    ``(II) notwithstanding any other 
                                provision of law, the Administrator--
                                            ``(aa) determines, with the 
                                        concurrence of the Secretary of 
                                        State, that the information 
                                        provided under subclause (I) is 
                                        complete and sufficient; and
                                            ``(bb) transmits the 
                                        information to the Secretariat 
                                        of the POPs Convention.
                            ``(ii) Termination of exemption.--If, at 
                        the termination of any 10-year exemption period 
                        under clause (i), a particular closed-system 
                        site-limited intermediate exemption is no 
                        longer authorized for the United States under 
                        the POPs Convention, it shall be unlawful for 
                        any person to continue to manufacture or use 
                        any such POPs chemical substance or mixture as 
                        a closed-system site-limited intermediate.
                    ``(F) PCB materials.--To the extent consistent with 
                the POPs Convention, the prohibitions specified in 
                paragraphs (1) and (2) shall not apply to any PCB 
                materials described in Part II of Annex A to the POPs 
                Convention if the PCB materials are handled in 
                accordance with the POPs Convention, including Annex A 
                to the POPs Convention.
                    ``(G) Distribution in commerce for export if 
                production or use specific exemption or acceptable 
                purpose is in effect.--
                            ``(i) In general.--To the extent consistent 
                        with the POPs Convention, the prohibitions 
                        specified in paragraphs (1) and (2) shall not 
                        apply to any distribution in commerce for 
                        export of any POPs chemical substance or 
                        mixture for which a production or use specific 
                        exemption under Annex A to the POPs Convention 
                        is in effect, or for which a production or use 
                        specific exemption or acceptable purpose under 
                        Annex B to the POPs Convention is in effect, if 
                        the POPs chemical substance or mixture complies 
                        with an export condition described in clause 
                        (ii), (iii), or (iv).
                            ``(ii) Export for environmentally sound 
                        disposal.--An export condition referred to in 
                        clause (i) is that the POPs chemical substance 
                        or mixture is exported for the purpose of 
                        environmentally sound disposal in accordance 
                        with paragraph 1(d) of Article 6 of the POPs 
                        Convention.
                            ``(iii) Export to party with permission to 
                        use.--An export condition referred to in clause 
                        (i) is that the POPs chemical substance or 
                        mixture is exported to a party to the POPs 
                        Convention that is permitted to use the POPs 
                        chemical substance or mixture under Annex A or 
                        B to the POPs Convention.
                            ``(iv) Export to nonparty in accordance 
                        with nonparty certification.--
                                    ``(I) In general.--An export 
                                condition referred to in clause (i) is 
                                that the POPs chemical substance or 
                                mixture is exported, to an 
importing country that is not a party to the POPs Convention with 
respect to the POPs chemical substance or mixture, for distribution in 
commerce or use in accordance with a complete and accurate nonparty 
certification that the importing country annually provides to the 
Administrator.
                                    ``(II) Commitments by importing 
                                nonparty.--Consistent with the POPs 
                                Convention, an annual nonparty 
                                certification under subclause (I) shall 
                                specify the intended use of the POPs 
                                chemical substance or mixture and state 
                                that, with respect to the POPs chemical 
                                substance or mixture, the importing 
                                nonparty is committed to--
                                            ``(aa) protecting human 
                                        health and the environment by 
                                        taking necessary measures to 
                                        minimize or prevent releases;
                                            ``(bb) complying with 
                                        paragraph 1 of Article 6 of the 
                                        POPs Convention; and
                                            ``(cc) complying, to the 
                                        extent appropriate, with 
                                        paragraph 2 of Part II of Annex 
                                        B to the POPs Convention.
                                    ``(III) Supporting documentation.--
                                Each nonparty certification shall 
                                include any appropriate supporting 
                                documentation, such as legislation, 
                                regulatory instruments, and 
                                administrative or policy guidelines.
                                    ``(IV) Submission to secretariat of 
                                pops convention.--Not later than 60 
                                days after the date of receipt of a 
                                complete nonparty certification, the 
                                Administrator shall submit a copy of 
                                the nonparty certification to the 
                                Secretariat of the POPs Convention.
                    ``(H) Export for environmentally sound disposal if 
                no production or use specific exemption in effect.--To 
                the extent consistent with the POPs Convention, the 
                prohibitions specified in paragraphs (1) and (2) shall 
                not apply to any distribution in commerce for export 
                for the purpose of environmentally sound disposal, in 
                accordance with paragraph 1(d) of Article 6 of the POPs 
                Convention, of a POPs chemical substance or mixture 
                listed in Annex A to the POPs Convention for which no 
                production or use specific exemption is in effect for 
                any party to the POPs Convention.
                    ``(I) Imports for specified purposes.--To the 
                extent consistent with the POPs Convention, the 
                prohibitions specified in paragraphs (1) and (2) shall 
                not apply to any distribution in commerce of a POPs 
                chemical substance or mixture that is imported--
                            ``(i) for the purpose of environmentally 
                        sound disposal in accordance with paragraph 
                        1(d) of Article 6 of the POPs Convention; or
                            ``(ii) for a purpose authorized under final 
                        regulations promulgated under this subsection.
                    ``(J) Waste.--To the extent consistent with the 
                POPs Convention, the prohibitions specified in 
                paragraphs (1) and (2) shall not apply to any quantity 
                of a POPs chemical substance or mixture, including any 
                article that consists of, contains, or is contaminated 
                with a POPs chemical substance or mixture, that has 
                become waste and that is managed in a manner consistent 
                with Article 6 of the POPs Convention.
                    ``(K) No effect on other prohibitions.--Nothing in 
                this paragraph authorizes any manufacture, processing, 
                distribution in commerce, use, or disposal of a POPs 
                chemical substance or mixture that is prohibited under 
                any other provision of law.
            ``(4) Certification statement accompanying pops chemical 
        substances or mixtures.--
                    ``(A) In general.--Each POPs chemical substance or 
                mixture that is distributed in commerce under 
                subparagraph (A), (C), (E), (F), (G), (H), (I) or (J) 
                of paragraph (3) shall be accompanied by a 
                certification statement.
                    ``(B) Person required to prepare.--A certification 
                statement required by subparagraph (A) shall be 
                prepared--
                            ``(i) by the manufacturer or processor of 
                        the POPs chemical substance or mixture; or
                            ``(ii) if there is no certification 
                        statement accompanying the POPs chemical 
                        substance or mixture, by any person that 
                        distributes the POPs chemical substance or 
                        mixture in commerce.
                    ``(C) Required elements.--The certification 
                statement shall contain--
                            ``(i) a specification of the quantity and 
                        identity of the POPs chemical substance or 
                        mixture;
                            ``(ii) the basis for application of 
                        subparagraph (A), (C), (E), (F), (G), (H), (I) 
                        or (J) of paragraph (3); and
                            ``(iii) such other information as the 
                        Administrator determines to be necessary for 
                        effective enforcement of this subsection.
                    ``(D) Duties of distributors.--Any person that 
                distributes in commerce the POPs chemical substance or 
                mixture shall ensure that--
                            ``(i) the certification statement 
                        accompanies the POPs chemical substance or 
                        mixture when the POPs chemical substance or 
                        mixture is distributed in commerce; and
                            ``(ii) the distribution in commerce is 
                        consistent with the certification statement.
                    ``(E) Maintenance of certification statement.--A 
                person that prepares a certification statement shall 
                maintain a copy of the certification statement for a 
                period of not less than 3 years beginning on the date 
                on which the certification statement is prepared.
                    ``(F) Regulations.--The Administrator may 
                promulgate such regulations as are necessary--
                            ``(i) to facilitate implementation of this 
                        paragraph; and
                            ``(ii) to ensure that this paragraph is 
                        implemented in compliance with the POPs 
                        Convention.
    ``(g) LRTAP POPs Protocol.--
            ``(1) Prohibition on specified lrtap pops chemical 
        substances or mixtures.--
                    ``(A) In general.--Subject to subparagraph (B) and 
                the LRTAP POPs Protocol, notwithstanding any other 
                provision of law, a person shall not manufacture, 
                process, distribute in commerce, or use any of the 
                following LRTAP POPs chemical substances or mixtures:
                            ``(i) Chlordecone.
                            ``(ii) Hexabromobiphenyl.
                            ``(iii) Hexachlorocyclohexane (HCH).
                    ``(B) Addition to annex a or b to pops 
                convention.--If a LRTAP POPs chemical substance or 
                mixture specified in subparagraph (A) is added to Annex 
                A or B to the POPs Convention and the amendment making 
                the addition enters into force with respect to the 
                United States under paragraph 4 of Article 22 of the 
                POPs Convention--
                            ``(i) subparagraph (A) shall not apply to 
                        the LRTAP POPs chemical substance or mixture; 
                        and
                            ``(ii) the LRTAP POPs chemical substance or 
                        mixture shall be subject to subsection (f).
            ``(2) Prohibition on other lrtap pops chemical substances 
        and mixtures.--
                    ``(A) In general.--Subject to paragraph (3), 
                notwithstanding any other provision of law, a person 
                shall not manufacture, process, distribute in commerce, 
                use, or dispose of a LRTAP POPs chemical substance or 
                mixture--
                            ``(i) that is not subject to paragraph (1); 
                        and
                            ``(ii) with respect to which regulations 
                        have been promulgated under subparagraph (B).
                    ``(B) Regulations by the administrator.--
                            ``(i) Chemical substance or mixture listed 
                        under lrtap pops protocol.--Notwithstanding any 
                        other provision of law, if the parties to the 
                        LRTAP POPs Protocol approve an amendment to 
                        list a chemical substance or mixture in Annex I 
                        or II to the LRTAP POPs Protocol, the 
                        Administrator may, at the discretion of the 
                        Administrator, commence a rulemaking under 
                        subsection (a) to prohibit or restrict any 
                        manufacture, processing, distribution in 
                        commerce, use, or disposal of the chemical 
                        substance or mixture that is or would be 
                        inconsistent with the amendment.
                            ``(ii) Determination of unreasonable 
                        risks.--
                                    ``(I) In general.--Subject to 
                                subclause (II), in any rulemaking 
                                described in clause (i), any 
                                manufacture, processing, distribution 
                                in commerce, use, or disposal of the 
                                chemical substance or mixture that is 
                                or would be inconsistent with the 
                                amendment described in that clause (as 
                                determined by the Administrator with 
                                the concurrence of the Secretary of 
                                State) shall be deemed to present an 
                                unreasonable risk of injury to health 
                                or the environment.
                                    ``(II) Exceptions.--Subclause (I) 
                                shall not apply to a chemical substance 
                                or mixture to the extent that the 
                                Administrator determines that--
                                            ``(aa) any or all of the 
                                        manufacture, processing, 
                                        distribution in commerce, use, 
                                        or disposal is necessary to 
                                        prevent significant harm to an 
                                        important sector of the 
                                        economy; and
                                            ``(bb) each substitute that 
                                        the Administrator evaluates 
                                        based on reporting under 
                                        section 8(g) and other 
                                        information available to the 
                                        Administrator presents risks to 
                                        health or the environment that 
                                        are significantly greater than 
                                        the risks presented by the 
                                        chemical substance or mixture.
                            ``(iii) Effectiveness of final 
                        regulations.--Final regulations relying on an 
                        unreasonable risk of injury to health or the 
                        environment resulting from an amendment by the 
                        parties to the LRTAP POPs Protocol under this 
                        paragraph shall become effective only to the 
                        extent that an amendment adding the chemical 
                        substance or mixture to Annex I or II to the 
                        LRTAP POPs Protocol has entered into force with 
                        respect to the United States under paragraph 3 
                        of Article 14 of the LRTAP POPs Protocol.
                            ``(iv) Exemption from requirement to 
                        publish statement.--In any rulemaking under 
                        this subparagraph, the Administrator shall not 
be required to publish a statement under subsection (c)(1).
            ``(3) Exemptions.--
                    ``(A) In general.--To the extent consistent with 
                the LRTAP POPs Protocol, the prohibitions on 
                manufacture, processing, distribution in commerce, or 
                use specified in paragraph (1) shall not apply to--
                            ``(i) any manufacture, processing, 
                        distribution in commerce, or use of a LRTAP 
                        POPs chemical substance or mixture that the 
                        Administrator determines, through final 
                        regulations promulgated under subsection (a)--
                                    ``(I) is consistent with an 
                                exemption available to the United 
                                States under Annex I or II to the LRTAP 
                                POPs Protocol; and
                                    ``(II) would, as a result, not 
                                prevent the United States from 
                                complying with the obligations of the 
                                United States under the LRTAP POPs 
                                Protocol;
                            ``(ii) any quantity of a LRTAP POPs 
                        chemical substance or mixture that is used for 
                        laboratory scale research or as a reference 
                        standard;
                            ``(iii) any quantity of a LRTAP POPs 
                        chemical substance or mixture that occurs as a 
                        contaminant in an article;
                            ``(iv) any quantity of a LRTAP POPs 
                        chemical substance or mixture that is in an 
                        article manufactured or in use on or before--
                                    ``(I) the implementation date of 
                                the LRTAP POPs Protocol; or
                                    ``(II) in the case of any LRTAP 
                                POPs chemical substance or mixture 
                                added to any applicable Annex after the 
                                implementation date of the LRTAP POPs 
                                Protocol, the implementation date of 
                                the amendment to the LRTAP POPs 
                                Protocol that makes the addition;
                            ``(v) any quantity of a LRTAP POPs chemical 
                        substance or mixture that occurs as a site-
                        limited chemical intermediate in the 
                        manufacture of 1 or more different substances 
                        and that is subsequently chemically 
                        transformed;
                            ``(vi) the production or use of any 
                        quantity of hexachlorocyclohexane (HCH) that 
                        complies with the restrictions and conditions 
                        specified for HCH in Annex II to the LRTAP POPs 
                        Protocol; and
                            ``(vii) any quantity of a LRTAP POPs 
                        chemical substance or mixture that has become 
                        waste and that is disposed of in an 
                        environmentally sound manner in accordance with 
                        paragraph 1(b) of the LRTAP POPs Protocol.
                    ``(B) Petitions for exemptions authorized by lrtap 
                pops protocol.--
                            ``(i) In general.--A person may petition 
                        the Administrator for an exemption from a 
                        prohibition specified in paragraph (1) or (2) 
                        that is consistent with the exemptions 
                        authorized under paragraph 2 of Article 4 of 
                        the LRTAP POPs Protocol.
                            ``(ii) Required elements of petitions.--Any 
                        petition under clause (i) shall, at a minimum, 
                        contain--
                                    ``(I) information relating to each 
                                finding, if any, that the Administrator 
                                is required to make under the LRTAP 
                                POPs Protocol before granting the 
                                exemption; and
                                    ``(II) any additional information, 
                                if any, that the Administrator is 
                                required to provide to the Secretariat 
                                of the LRTAP POPs Protocol concerning a 
                                granted exemption.
                            ``(iii) Grant or denial of petition.--The 
                        Administrator, with the concurrence of the 
                        Secretary of State, shall--
                                    ``(I) if the petition is authorized 
                                for the United States under, and is 
                                otherwise consistent with, the LRTAP 
                                POPs Protocol, grant the petition with 
                                such conditions or limitations as are 
                                necessary to meet any requirement of 
                                the LRTAP POPs Protocol or any other 
                                provision of law; or
                                    ``(II) deny the petition.
                            ``(iv) Provision of information to 
                        secretariat.--Notwithstanding any other 
                        provision of law, if the Administrator grants 
                        the petition, the Administrator, not later than 
                        90 days after the date on which the petition is 
                        granted, shall provide the Secretariat of the 
LRTAP POPs Protocol with the information specified in paragraph 3 of 
Article 4 of the LRTAP POPs Protocol.
                            ``(v) Disallowance of exemption by lrtap 
                        pops protocol.--
                                    ``(I) In general.--If, after an 
                                exemption has been granted under this 
                                subparagraph, the exemption is no 
                                longer authorized for the United States 
                                under the LRTAP POPs Protocol, it shall 
                                be unlawful for any person to 
                                manufacture, process, distribute in 
                                commerce, or use a LRTAP POPs chemical 
                                substance or mixture in the manner 
                                authorized by the exemption.
                                    ``(II) Publication of notice in 
                                federal register.--The Administrator 
                                shall publish in the Federal Register a 
                                notice announcing the disallowance of 
                                any exemption under subclause (I).
                            ``(vi) No effect on other prohibitions.--
                        Nothing in this subparagraph authorizes any 
                        manufacture, processing, distribution in 
                        commerce, or use of a LRTAP POPs chemical 
                        substance or mixture that is prohibited under 
                        any other provision of law.
            ``(4) Certification statement accompanying lrtap pops 
        chemical substances or mixtures.--
                    ``(A) In general.--Each LRTAP POPs chemical 
                substance or mixture that is distributed in commerce 
                under subparagraph (A)(i), (A)(ii), or (B) of paragraph 
                (3) shall be accompanied by a certification statement.
                    ``(B) Person required to prepare.--A certification 
                statement required by subparagraph (A) shall be 
                prepared--
                            ``(i) by the manufacturer or processor of 
                        the LRTAP POPs chemical substance or mixture; 
                        or
                            ``(ii) if there is no certification 
                        statement accompanying the LRTAP POPs chemical 
                        substance or mixture, by any person that 
                        distributes the LRTAP POPs chemical substance 
                        or mixture in commerce.
                    ``(C) Required elements.--The certification 
                statement shall contain--
                            ``(i) a specification of the quantity and 
                        identity of the LRTAP POPs chemical substance 
                        or mixture;
                            ``(ii) the basis for application of 
                        subparagraph (A)(i), (A)(ii), or (B) of 
                        paragraph (3); and
                            ``(iii) such other information as the 
                        Administrator determines to be necessary for 
                        effective enforcement of this subsection.
                    ``(D) Duties of distributors.--Any person that 
                distributes in commerce the LRTAP POPs chemical 
                substance or mixture shall ensure that--
                            ``(i) the certification statement 
                        accompanies the LRTAP POPs chemical substance 
                        or mixture when the LRTAP POPs chemical 
                        substance or mixture is distributed in 
                        commerce; and
                            ``(ii) the distribution in commerce is 
                        consistent with the certification statement.
                    ``(E) Maintenance of certification statement.--A 
                person that prepares a certification statement shall 
                maintain a copy of the certification statement for a 
                period of not less than 3 years beginning on the date 
                on which the certification statement is prepared.
                    ``(F) Regulations.--The Administrator may 
                promulgate such regulations as are necessary--
                            ``(i) to facilitate implementation of this 
                        paragraph; and
                            ``(ii) to ensure that this paragraph is 
                        implemented in compliance with the LRTAP POPs 
                        Protocol.
    ``(h) Notice and Record of Prohibitions, Exemptions, Disallowances, 
and Other Information.--
            ``(1) In general.--The Administrator--
                    ``(A) shall publish in the Federal Register timely 
                notice concerning--
                            ``(i)(I) the POPs chemical substances and 
                        mixtures subject to the prohibitions specified 
                        in subsection (f);
                            ``(II) any exemptions from the prohibitions 
                        authorized under subsection (f); and
                            ``(III) any importing country from which 
                        any POPs chemical substance or mixture has 
                        received a nonparty certification under 
                        subsection (f)(3)(G)(iv); and
                            ``(ii)(I) the LRTAP POPs chemical 
                        substances and mixtures subject to the 
                        prohibitions specified in subsection (g); and
                            ``(II) any exemptions from the prohibitions 
                        authorized under subsection (g), including any 
                        disallowances of exemptions under subsection 
                        (g)(3)(B)(v); and
                    ``(B) may include in the notice any other 
                information that the Administrator determines to be 
                necessary to ensure adequate notice of the requirements 
                of--
                            ``(i) this section;
                            ``(ii) the POPs Convention; or
                            ``(iii) the LRTAP POPs Protocol.
            ``(2) Integration with fifra information.--The 
        Administrator shall--
                    ``(A) maintain a record that integrates the 
                information in the notice published under paragraph (1) 
                with any information published under section 17(g) of 
                the Federal Insecticide, Fungicide and Rodenticide Act 
                (7 U.S.C. 136o(e));
                    ``(B) update the record as necessary; and
                    ``(C) make the record publicly available.''

SEC. 103. REPORTING AND RETENTION OF INFORMATION.

    Section 8 of the Toxic Substances Control Act (15 U.S.C. 2607) is 
amended--
            (1) by redesignating subsection (f) as subsection (h); and
            (2) by inserting after subsection (e) the following:
    ``(f) Information Collection Under the POPs Convention.--
            ``(1) Proposal for listing meets pops convention screening 
        criteria.--
                    ``(A) Publication of notice in federal register.--
                As soon as practicable after the date of a 
                determination by the POPs Review Committee that a 
                proposal for listing a chemical substance or mixture in 
                Annex A, B, or C to the POPs Convention meets the 
                screening criteria specified in Annex D to the POPs 
                Convention, the Administrator shall publish in the 
                Federal Register a notice that--
                            ``(i) identifies the chemical substance or 
                        mixture; and
                            ``(ii) summarizes the determination of the 
                        POPs Review Committee.
                    ``(B) Provision of information to the 
                administrator.--Not later than 60 days after the date 
                of publication of the notice under subparagraph (A), 
                any person that manufactures, processes, distributes, 
                or uses in commerce a chemical substance or mixture 
                that is the subject of the notice shall provide to the 
                Administrator all of the following information that is 
                known or reasonably ascertainable to the person:
                            ``(i) The annual quantity of the chemical 
                        substance or mixture manufactured and the 
                        locations of the manufacture.
                            ``(ii) The uses of the chemical substance 
                        or mixture.
                            ``(iii) The annual quantity of the chemical 
                        substance or mixture that enters each 
                        environmental medium.
                            ``(iv) Other information monitoring data 
                        relating to the chemical substance or mixture 
                        that is consistent with the information 
                        specified in paragraph 1 of Annex D, and 
                        subsections (b) through (e) of Annex E, to the 
                        POPs Convention.
                    ``(C) Updating of information.--The information 
                provided under subparagraph (B) shall be updated on an 
                annual basis until such time as--
                            ``(i) the Conference determines not to list 
                        the chemical substance or mixture in any Annex 
                        to the POPs Convention; or
                            ``(ii) the Administrator, with the 
                        concurrence of the Secretary of State, 
                        determines that such updates are no longer 
                        necessary.
                    ``(D) Report by administrator to secretary of 
                state.--Based on information received under this 
                paragraph and any other relevant information available 
                to the Administrator, the Administrator, not later than 
                180 days after the date of publication of the notice 
                under subparagraph (A), shall submit to the Secretary 
                of State a report that contains, at a minimum--
                            ``(i) information on the production and 
                        uses in the United States of the chemical 
                        substance or mixture; and
                            ``(ii) an assessment of the benefits and 
                        risks associated with the production and uses 
                        in the United States of the chemical substance 
                        or mixture.
            ``(2) Decision to proceed with listing process.--
                    ``(A) Publication of notice in federal register.--
                If the POPs Review Committee decides under paragraph 7 
                of Article 8 of the POPs Convention that a proposal for 
                listing a chemical substance or mixture shall proceed, 
                the Administrator shall publish in the Federal Register 
                a notice that--
                            ``(i) identifies the chemical substance or 
                        mixture; and
                            ``(ii) summarizes the decision of the POPs 
                        Review Committee.
                    ``(B) Provision of information by manufacturers, 
                processors, and distributors.--Not later than 60 days 
                after the date of publication of the notice under 
                subparagraph (A), any person that manufactures, 
                processes, or distributes in commerce a chemical 
                substance or mixture that is the subject of the notice 
                shall provide to the Administrator--
                            ``(i) consistent with the information needs 
                        described in Annex F to the POPs Convention, 
                        any information that the person believes is 
                        relevant to--
                                    ``(I) a risk management evaluation 
                                carried out under paragraph 7 of 
                                Article 8 of the POPs Convention;
                                    ``(II) a decision by the Conference 
                                under paragraph 9 of Article 8 of the 
                                POPs Convention; or
                                    ``(III) an action under section 
                                6(a); and
                            ``(ii) information on any article in use 
                        that consists of, contains, or is contaminated 
                        with the chemical substance or mixture.
            ``(3) Applicability of information requirements.--The 
        information requirements of this subsection shall not apply to 
        a person subject to the requirements to the extent that the 
        person has actual knowledge that the Administrator has been 
        adequately informed of any of the information required to be 
        provided under this subsection.
            ``(4) Effect of failure to provide required information.--A 
        person that fails to provide information by a deadline 
        established under this subsection may not provide the 
        information to be part of the record of any subsequent 
rulemaking under section 6(a) to regulate the chemical substance or 
mixture unless the person demonstrates that the information could not 
reasonably have been made available to the Administrator by the 
deadlines established under this subsection.
    ``(g) Information Collection Under the LRTAP POPs Protocol.--
            ``(1) Risk profile in support of proposed amendment to 
        list.--
                    ``(A) Publication of notice in federal register.--
                As soon as practicable after the date of submission to 
                the Executive Body of a risk profile in support of a 
                proposed amendment to list a chemical substance or 
                mixture in Annex I, II, or III to the LRTAP POPs 
                Protocol, the Administrator shall publish in the 
                Federal Register a notice that--
                            ``(i) identifies the chemical substance or 
                        mixture; and
                            ``(ii) summarizes the risk profile for the 
                        chemical substance or mixture.
                    ``(B) Provision of information to the 
                administrator.--Not later than 60 days after the date 
                of publication of the notice under subparagraph (A), 
                any person that manufactures, processes, or distributes 
                in commerce a chemical substance or mixture that is the 
                subject of the notice shall provide to the 
                Administrator all of the following information that is 
                known or reasonably ascertainable to the person:
                            ``(i) The potential for long-range 
                        transboundary atmospheric transport of the 
                        chemical substance or mixture.
                            ``(ii) The toxicity of the chemical 
                        substance or mixture.
                            ``(iii) The persistence of the chemical 
                        substance or mixture, including biotic 
                        degradation processes and rates and degradation 
                        products.
                            ``(iv) The bioaccumulation of the chemical 
                        substance or mixture, including 
                        bioavailability.
                            ``(v) The annual quantity of the chemical 
                        substance or mixture manufactured and the 
                        locations of the manufacture.
                            ``(vi) The uses of the chemical substance 
                        or mixture.
                            ``(vii) The annual quantity of the chemical 
                        substance or mixture that enters each 
                        environmental medium.
                            ``(viii) Environmental monitoring data 
                        relating to the chemical substance or mixture 
                        (in areas distant from sources).
                            ``(ix)(I) Information on alternatives to 
                        the uses of the chemical substance or mixture 
                        and the efficacy of each alternative.
                            ``(II) Information on any known adverse 
                        environmental or human health effects 
                        associated with each alternative.
                            ``(x) Information on--
                                    ``(I) process changes, control 
                                technologies, operating practices, and 
                                other pollution prevention techniques 
                                that can be used to reduce the 
                                emissions of the chemical substance or 
                                mixture; and
                                    ``(II) the applicability and 
                                effectiveness of each technique 
                                described in subclause (I).
                            ``(xi) Information on the nonmonetary costs 
                        and benefits and the quantifiable costs and 
                        benefits associated with the use of each 
                        alternative described in clause (ix) or 
                        technique described in clause (x).
                    ``(C) Updating of information.--The information 
                provided under subparagraph (B) shall be updated on an 
                annual basis until such time as--
                            ``(i) the parties to the LRTAP POPs 
                        Protocol decide not to list the chemical 
                        substance or mixture in any Annex to the LRTAP 
                        POPs Protocol; or
                            ``(ii) the Administrator, with the 
                        concurrence of the Secretary of State, 
                        determines that such updates are no longer 
                        necessary.
                    ``(D) Report by administrator to secretary of 
                state.--Based on information received under this 
                paragraph and any other relevant information available 
                to the Administrator, the Administrator, not later than 
                180 days after the date of publication of the notice 
                under subparagraph (A), shall submit to the Secretary 
                of State a report that contains, at a minimum--
                            ``(i) information on the production and 
                        uses in the United States of the chemical 
                        substance or mixture; and
                            ``(ii) an assessment of the benefits and 
                        risks associated with the production and uses 
                        in the United States of the chemical substance 
                        or mixture.
            ``(2) Applicability of information requirements.--The 
        information requirements of this subsection shall not apply to 
        a person subject to the requirements to the extent that the 
        person has actual knowledge that the Administrator has been 
        adequately informed of any of the information required to be 
        provided under this subsection.
            ``(3) Effect of failure to submit required information.--A 
        person that fails to submit information by a deadline 
        established under this subsection may not submit the 
        information to be part of the record of any subsequent 
        rulemaking under section 6(a) to regulate the chemical 
        substance or mixture unless the person demonstrates that the 
        information could not reasonably have been made available to 
        the Administrator by the deadlines established under this 
        subsection.''.

SEC. 104. INTERNATIONAL CONVENTIONS AND COOPERATION IN INTERNATIONAL 
              EFFORTS.

    (a) In General.--Section 9 of the Toxic Substances Control Act (15 
U.S.C. 2608) is amended--
            (1) in the section heading, by inserting ``; international 
        conventions'' before the period at the end; and
            (2) by adding at the end the following:
    ``(e) International Conventions and Cooperation in International 
Efforts.--In cooperation with the Secretary of State and the head of 
any other appropriate Federal agency, the Administrator shall--
            ``(1) participate and cooperate in any international 
        efforts to develop improved research and regulations on 
        chemical substances and mixtures; and
            ``(2) participate in technical cooperation and capacity 
        building activities designed to support implementation of--
                    ``(A) the LRTAP POPs Protocol;
                    ``(B) the Rotterdam Convention on the Prior 
                Informed Consent Procedure for Certain Hazardous 
                Chemicals and Pesticides in International Trade, done 
                at Rotterdam on September 10, 1998; and
                    ``(C) the POPs Convention.''.
    (b) Conforming Amendment.--The table of contents in section 1 of 
the Toxic Substances Control Act (15 U.S.C. prec. 2601) is amended by 
striking the item relating to section 9 and inserting the following:

``Sec. 9. Relationship to other Federal laws; international 
                            conventions.''.

SEC. 105. EXPORTS.

    Section 12(a) of the Toxic Substances Control Act (15 U.S.C. 
2611(a)) is amended by striking paragraph (2) and inserting the 
following:
            ``(2) Substances that present unreasonable risk of injury 
        to health or the environment in the united states.--
                    ``(A) In general.--Paragraph (1) shall not apply 
                to--
                            ``(i) any chemical substance, mixture, or 
                        article if the Administrator finds that the 
                        substance, mixture, or article will present an 
                        unreasonable risk of injury to health within 
                        the United States or to the environment of the 
                        United States; or
                            ``(ii) any chemical substance or mixture 
                        with respect to which manufacture, processing, 
                        distribution in commerce, use, or disposal is 
                        prohibited or restricted under subsection (f) 
                        or (g) of section 6.
                    ``(B) Requirement for testing.--The Administrator 
                may require, under section 4, testing of any chemical 
                substance or mixture exempted from this Act by 
                paragraph (1) for the purpose of determining whether 
                the substance or mixture presents an unreasonable risk 
                of injury described in subparagraph (A)(i).''.

SEC. 106. PROHIBITED ACTS.

    Section 15 of the Toxic Substances Control Act (15 U.S.C. 2614) is 
amended by striking paragraphs (3) and (4) and inserting the following:
            ``(3) fail or refuse--
                    ``(A) to establish or maintain records;
                    ``(B) to submit reports, notices, or other 
                information; or
                    ``(C) to permit access to or copying of records;
        as required by this Act (including regulations promulgated 
        under this Act);
            ``(4) fail or refuse to permit entry or inspection as 
        required by section 11; or
            ``(5) fail or refuse to comply with section 12 or 13 
        (including regulations promulgated under those sections).''.

SEC. 107. RESEARCH PROGRAM TO SUPPORT POPS CONVENTION.

    (a) Definitions.--In this section:
            (1) Academy.--The term ``Academy'' means the National 
        Academy of Sciences.
            (2) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (3) Contract.--The term ``contract'' means a contract 
        entered into between the Academy and Administrator to carry out 
        this section.
            (4) LRTAP pops protocol.--The term ``LRTAP POPs Protocol'' 
        means the Protocol on Persistent Organic Pollutants to the 
        LRTAP Convention, done at Aarhus on June 24, 1998.
            (5) Persistent, bioaccumulative toxic substance.--The terms 
        ``persistent, bioaccumulative toxic substance'' and ``PBT 
        substance'' mean a toxic, long-lasting substance that has the 
        potential to accumulate in the food chain to a level that is 
        harmful to current and future human and ecosystem health.
            (6) POPs chemical substance or mixture.--The term ``POPs 
        chemical substance or mixture'' has the meaning given the term 
        in section 3 of the Toxic Substances Control Act (15 U.S.C. 
        2602) (as amended by section 101).
            (7) POPS convention.--The term ``POPS Convention'' means 
        the Stockholm Convention on Persistent Organic Pollutants, done 
        at Stockholm on May 22, 2001.
    (b) Contract.--The Administrator may offer to enter into a contract 
with the Academy to conduct a research program in support of the POPs 
Convention.
    (c) Screening of Chemical Substances or Mixtures.--Using the 
criteria of persistence, bioaccumulation, capacity for long-range 
transport, and toxicity (as defined in Annex D to the POPs Convention), 
the contract shall require the Academy--
            (1) to screen a wide range of potential POPs chemical 
        substances or mixtures; and
            (2) to provide scientific data and recommendations for 
        those chemicals substances or mixtures that should be nominated 
        for addition to the POPs Convention, in order of priority.
    (d) Required Activities.--To carry out this section, the contract 
shall require the Academy--
            (1) to develop and apply screening criteria for adding new 
        substances or mixtures to the POPs Convention, including review 
of proposed models, testing methods, and data compilations;
            (2) to propose alternative designs for a global monitoring 
        program aimed at identifying persistent and bioaccumulative 
        chemical substances or mixtures in the environment, and 
        potential mechanisms for implementation of the designs; and
            (3) to recommend priority candidate POPs chemical 
        substances or mixtures for possible nomination to the 
        Persistent Organic Pollutants Review Committee established 
        under paragraph 6 of Article 19 of the POPs Convention.
    (e) Screening for Candidate POPS Chemical Substances or Mixtures.--
            (1) In general.--In selecting potential POPS chemical 
        substances or mixtures for screening and monitoring, the 
        contract shall require the Academy to pay particular attention 
        to chemical substances or mixtures that--
                    (A) display the characteristics of POPS chemical 
                substances or mixtures;
                    (B) are not listed in Annex A or B to the POPs 
                Convention as of the date of enactment of this Act; and
                    (C) are being addressed or considered in other 
                international forums.
            (2) Inclusions.--Chemical substances or mixtures that are 
        covered by paragraph (1) include--
                    (A) chlordecone, hexabromobiphenyl, HCH (lindane), 
                and polyaromatic hydrocarbons, which are listed in 
                Annex I or II to the LRTAP POPs Protocol as of the date 
                of enactment of this Act;
                    (B) pentabromodiphenyl ether (PeBDE), dicofol, 
                hexachlorobutadiene, pentachlorobenzene, and 
                polychlorinated naphthalenes (PCNs), which are being 
                considered (as of the date of enactment of this Act) by 
                an expert group for listing in Annex I or II to the 
                LRTAP POPs Protocol;
                    (C) endosulfan, octyl and decyl phenols and 
                trichlorobenzenes, and other substances on the list of 
                14 priority substances submitted by the DYNAMEC 
                committee to the Oslo-Paris Commission;
                    (D) polybrominated diphenylethers (PBDEs), 
                methylmercury, and tributyltin compounds, which are 
                being considered (as of the date of enactment of this 
                Act) under the UNEP/GEF Regionally Based Assessment of 
                Persistent Toxic Substances Project;
                    (E) perfluorooctyl sulfonyl fluoride (POSF) and 
                other chemicals that can degrade to perfluoroctanoyl 
                sulphonate (PFOS), for which an in-depth risk 
                assessment by the OECD Chemicals Programme is being 
                carried out as of the date of enactment of this Act;
                    (F) pentachlorophenol (PCP), which is the subject 
                of an International Declaration that--
                            (i) was signed in 1998 by a number of 
                        Parties to the LRTAP POPs Protocol; and
                            (ii) states that PCP use should be 
                        ``tightly controlled to minimize emissions to 
                        the environment'';
                    (G) short-chain chlorinated paraffins (SCCPs), 
                which--
                            (i) are the subject of an International 
                        Declaration that was signed in 1998 by a number 
                        of Parties to the LRTAP POPs Protocol; and
                            (ii) has ``the objective of controlling and 
                        limiting the risks arising from the dispersive 
                        uses of short-chain chlorinated paraffins using 
                        appropriate national and/or international 
                        procedures'';
                    (H) octachlorostyrene, which--
                            (i) is structurally similar to 
                        hexachlorobenzene, a POPs chemical substance or 
                        mixture listed in Annex A to the POPs 
                        Convention; and
                            (ii) can reasonably be anticipated to have 
                        a similar toxicological profile to 
                        hexachlorobenzene; and
                    (I) tetrachlorobenzene, which studies demonstrate 
                is likely to meet the persistence and bioaccumulation 
                criteria of the POPs Convention.
    (f) Monitoring Strategies for Persistent and Bioaccumulative 
Substances.--The contract shall require the Academy--
            (1) to pay special attention to persistent and 
        bioaccumulating substances;
            (2) to develop new strategies to search more broadly for 
        persistent and bioaccumulative substances in the environment in 
        a manner that combines selections of sample sites, sample 
        media, and sampling methods; and
            (3) to explore the implementation of the new strategies.
    (g) Submission of Report.--Not later than January 1, 2004, the 
contract shall require the Academy to submit to the Committee on 
Environment and Public Works of the Senate, the Committee on Energy and 
Commerce of the House of Representatives, and the Administrator a 
report on the research program conducted under this section.
    (h) Completion of EPA Dioxin Reassessment.--Not later than 90 days 
after the date of enactment of this Act, the Administrator shall submit 
to the Committee on Environment and Public Works of the Senate and the 
Committee on Energy and Commerce of the House of Representatives the 
final exposure and human health reassessment by the Administrator of 
2,3,7,8-Tetrachlorodibenzo-p-Dioxin (TCDD) and related compounds.
    (i) Persistent, Bioaccumulative Toxic Substances Strategy.--
            (1) Report.--Not later than 1 year after the date of 
        enactment of this Act, the Administrator shall develop and 
        submit to the Committee on Environment and Public Works of the 
        Senate and the Committee on Energy and Commerce of the House of 
Representatives a report that describes a strategy that will reduce 
public exposure to persistent, bioaccumulative toxic substances.
            (2) Requirements.--The strategy shall--
                    (A) develop and implement national action plans to 
                reduce priority PBT substances, using the full range of 
                tools available to the Administrator;
                    (B) screen and select more priority PBT substances 
                for action;
                    (C) prevent new PBT substances from entering the 
                marketplace;
                    (D) use the resources of the Environmental 
                Protection Agency and other Federal agencies to 
                identify or develop substitutes to PBT substances;
                    (E) measure progress in carrying out actions under 
                the strategy against the goals and national commitments 
                of the Environmental Protection Agency under the 
                Government Performance and Results Act of 1993 (Public 
                Law 103-62) and amendments made by that Act;
                    (F) include recommendations for amendments to 
                regulations in effect on the date of enactment of this 
                Act under the Toxic Release Inventory under the 
                Emergency Planning and Community Right-To-Know Act of 
                1986 (42 U.S.C. 11001 et seq.), the Toxic Substances 
                Control Act (15 U.S.C. 2601 et seq.), and programs 
                conducted under other laws that will reduce public and 
                ecosystem exposure to PBT substances; and
                    (G) identify the amount and sources of--
                            (i) funds used as of the date of enactment 
                        of this Act for reducing exposure to, and 
                        researching the effects of, PBT substances; and
                            (ii) funds necessary to implement 
                        subparagraphs (A), (B) and (C) during the 5-
                        year period beginning on the date of enactment 
                        of this Act.
            (3) Coordination.--In developing the strategy, the 
        Administrator shall consult with representatives of States, 
        public interest groups, environmental health agencies, and 
        other Federal agencies with expertise in public and ecosystem 
        health.

             TITLE II--USE OR PRODUCTION OF POPS PESTICIDES

SEC. 201. DEFINITIONS.

    Section 2 of the Federal Insecticide, Fungicide, and Rodenticide 
Act (7 U.S.C. 136) is amended--
            (1) by striking subsection (bb) and inserting the 
        following:
    ``(bb) Unreasonable Adverse Effect on the Environment.--
            ``(1) In general.--The term `unreasonable adverse effect on 
        the environment', with respect to a pesticide, means--
                    ``(A) any unreasonable risk to humans or the 
                environment, taking into account the economic, social, 
                and environmental costs and benefits of the use of the 
                pesticide;
                    ``(B) a human dietary risk from a residue that 
                results from a use of the pesticide in or on any food 
                inconsistent with the standard established under 
                section 408 of the Federal Food, Drug, and Cosmetic Act 
                (21 U.S.C. 346a); or
                    ``(C) any production or use of the pesticide that 
                is inconsistent with an amendment to Annex A or B to 
                the POPs Convention as adopted by the Conference, or an 
                amendment to Annex I or II to the LRTAP POPs Protocol 
                as adopted by the Executive Body, unless the production 
                or use of the pesticide is necessary--
                            ``(i) to prevent significant adverse 
                        effects on human health or the environment that 
                        would pose significantly greater risks than the 
                        risks associated with the production or use of 
                        the pesticide; or
                            ``(ii) to avoid a significant disruption in 
                        domestic production of an adequate, wholesome, 
                        and economical food supply.
            ``(2) Public health pesticides.--
                    ``(A) In general.--The Administrator shall consider 
                the risks and benefits of public health pesticides 
                separately from the risks and benefits of other 
                pesticides.
                    ``(B) Health risks.--In weighing any regulatory 
                action concerning a public health pesticide under this 
                Act, the Administrator shall weigh any risks of the 
                public health pesticide against the health risks (such 
                as the diseases transmitted by the vector) to be 
                controlled by the public health pesticide.''; and
            (2) by adding at the end the following:
    ``(pp) Conference.--The term `Conference' means the Conference of 
the Parties established by paragraph 1 of Article 19 of the POPs 
Convention.
    ``(qq) Executive Body.--The term `Executive Body' means the 
Executive Body established by Article 10 of the LRTAP Convention.
    ``(rr) LRTAP Convention.--The term `LRTAP Convention' means the 
Convention on Long-Range Transboundary Air Pollution, done at Geneva on 
November 13, 1979 (TIAS 10541).
    ``(ss) LRTAP POPs Pesticide.--The term `LRTAP POPs pesticide' means 
any pesticide or active ingredient--
            ``(1) used in producing a pesticide that--
                    ``(A) is listed in Annex I or II to the LRTAP POPs 
                Protocol; but
                    ``(B) is not listed in Annex A or B to the POPs 
                Convention; and
            ``(2) with respect to which the listing in Annex I or II to 
        the LRTAP POPs Protocol has entered into force with respect to 
        the United States under paragraph 3 of Article 14 of the LRTAP 
        POPs Protocol.
    ``(tt) LRTAP POPs Protocol.--The term `LRTAP POPs Protocol' means 
the Protocol on Persistent Organic Pollutants to the LRTAP Convention, 
done at Aarhus on June 24, 1998.
    ``(uu) POPs Convention.--The term `POPs Convention' means the 
Stockholm Convention on Persistent Organic Pollutants, done at 
Stockholm on May 22, 2001.
    ``(vv) POPs Pesticide.--The term `POPs pesticide' means--
            ``(1) aldrin;
            ``(2) chlordane;
            ``(3) dichlorodiphenyltrichloroethane (DDT);
            ``(4) dieldrin;
            ``(5) endrin;
            ``(6) heptachlor;
            ``(7) hexachlorobenzene;
            ``(8) mirex;
            ``(9) toxaphene; and
            ``(10) any other pesticide or active ingredient used in 
        producing a pesticide--
                    ``(A) that is listed in Annex A or B to the POPs 
                Convention; and
                    ``(B) with respect to which an amendment adding the 
                pesticide or active ingredient used in producing a 
                pesticide to Annex A or B to the POPs Convention has 
                entered into force with respect to the United States 
                under paragraph 4 of Article 22 of the POPs Convention.
    ``(ww) POPs Review Committee.--The term `POPs Review Committee' 
means the Persistent Organic Pollutants Review Committee established 
under paragraph 6 of Article 19 of the POPs Convention.''.

SEC. 202. REGISTRATION OF PESTICIDES.

    Section 3 of the Federal Insecticide, Fungicide, and Rodenticide 
Act (7 U.S.C. 136a) is amended by striking subsection (b) and inserting 
the following:
    ``(b) Exemptions.--
            ``(1) In general.--Except as provided in paragraph (2), any 
        pesticide that is not registered with the Administrator may be 
        transferred if--
                    ``(A) the transfer is from 1 registered 
                establishment to a second registered establishment 
                operated by the same producer solely for--
                            ``(i) packaging at the second 
                        establishment; or
                            ``(ii) use as a constituent part of another 
                        pesticide at the second establishment; or
                    ``(B) the transfer is in accordance with the 
                requirements of an experimental use permit.
            ``(2) POPs pesticides.--Paragraph (1) shall not apply to a 
        POPs pesticide or LRTAP POPs pesticide unless the POPs 
        pesticide or LRTAP POPs pesticide is permitted to be 
        transferred under any applicable exemption under subsection 
        (e)(3) or (f)(3) of section 17.''.

SEC. 203. UNLAWFUL ACTS.

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

SEC. 204. IMPORTS, EXPORTS, AND INTERNATIONAL CONVENTIONS.

    (a) Pesticides and Devices Intended for Export.--Section 17(a) of 
the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 
136o(a)) is amended in the first sentence--
            (1) in paragraph (1), by striking ``and'' at the end;
            (2) in paragraph (2), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(3) if the export is in compliance with this section.''.
    (b) Imports of Pesticides and Devices.--Section 17(c) of the 
Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136o(c)) 
is amended by adding at the end the following: ``Nothing in this 
subsection authorizes the import of any POPs pesticide that is 
prohibited under subsection (e).''.
    (c) International Conventions and Cooperation in International 
Efforts.--Section 17 of the Federal Insecticide, Fungicide, and 
Rodenticide Act (7 U.S.C. 136o) is amended--
            (1) in subsection (d)--
                    (A) by striking ``agency, participate'' and 
                inserting ``agency--
            ``(1) participate'';
                    (B) by striking the period at the end and inserting 
                ``; and''; and
                    (C) by adding at the end the following:
            ``(2) participate in technical cooperation and capacity 
        building activities designed to support implementation of--
                    ``(A) the LRTAP POPs Protocol;
                    ``(B) the Rotterdam Convention on the Prior 
                Informed Consent Procedure for Certain Hazardous 
                Chemicals and Pesticides in International Trade, done 
                at Rotterdam on September 10, 1998; and
                    ``(C) the POPs Convention.'';
            (2) by redesignating subsection (e) as subsection (h); and
            (3) by inserting after subsection (d) the following:
    ``(e) POPs Convention.--
            ``(1) Prohibition on specified pops pesticides.--Subject to 
        paragraph (3) and the POPs Convention, notwithstanding any 
        other provision of law, a person shall not sell, distribute, 
        use, produce, or conduct any disposal operation that may lead 
        to recovery, recycling, reclamation, reuse, or an alternative 
        use of a POPs pesticide specified in any of paragraphs (1) 
        through (9) of section 2(vv).
            ``(2) Prohibition on other pops pesticides.--
                    ``(A) In general.--Subject to paragraph (3), 
                notwithstanding any other provision of law, a person 
                shall not use, produce, or conduct any disposal 
operation that may lead to recovery, recycling, reclamation, reuse, or 
an alternative use of a POPs pesticide described in section 2(vv)(10) 
that--
                            ``(i) is not subject to paragraph (1); and
                            ``(ii) meets a condition described in 
                        subparagraph (B).
                    ``(B) Cancellation or statement of compliance.--
                            ``(i) In general.--The condition referred 
                        to in subparagraph (A)(ii) is that, in 
                        accordance with this Act, the Administrator, 
                        with the concurrence of the Secretary of 
                        State--
                                    ``(I) subject to clause (ii), 
                                cancels under section 6 any existing 
                                registration that the Administrator 
                                determines would prevent the United 
                                States from complying with the 
                                obligations of the United States under 
                                the POPs Convention if the United 
                                States were to become a party to the 
                                POPs Convention with respect to the 
                                POPs pesticide; or
                                    ``(II) after providing notice and 
                                an opportunity for comment--
                                            ``(aa) issues a statement 
                                        that there are no existing 
                                        registrations for the POPs 
                                        pesticide that would prevent 
                                        the United States from 
                                        complying with the obligations 
                                        of the United States under the 
                                        POPs Convention; and
                                            ``(bb) in the statement, 
                                        identifies any uses of the POPs 
                                        pesticide permitted in the 
                                        United States that would not 
                                        prevent the United States from 
                                        complying with the obligations 
                                        of the United States under the 
                                        POPs Convention.
                            ``(ii) Effective date of cancellation.--An 
                        action under clause (i)(I) and section 6 based 
                        on a finding of the Administrator that 
                        production or use of a POPs pesticide would 
                        result in an unreasonable adverse effect on the 
                        environment because of an inconsistency with an 
                        amendment to Annex A or B to the POPs 
                        Convention shall not become effective until 
                        such time as the amendment enters into force 
                        with respect to the United States under 
                        paragraph 4 of Article 22 of the POPs 
                        Convention.
            ``(3) Exemptions.--
                    ``(A) Exemptions under pops convention.--To the 
                extent consistent with the POPs Convention, the 
                prohibitions specified in paragraphs (1) and (2) shall 
                not apply to any sale, distribution, use, or production 
                of a POPs pesticide that the Administrator determines, 
                through a cancellation order issued under section 6 or 
                a statement issued under paragraph (2)(B)(i)(II)--
                            ``(i) is consistent with--
                                    ``(I) a production or use specific 
                                exemption under Annex A or B to the 
                                POPs Convention; or
                                    ``(II) an acceptable purpose 
                                available to the United States under 
                                Annex B to the POPs Convention; and
                            ``(ii) would, as a result, not prevent the 
                        United States from complying with the 
                        obligations of the United States under the POPs 
                        Convention.
                    ``(B) Unintentional trace contaminants.--To the 
                extent consistent with the POPs Convention, the 
                prohibitions specified in paragraphs (1) and (2) shall 
                not apply to any quantity of a POPs pesticide that 
                occurs as an unintentional trace contaminant in an 
                article.
                    ``(C) Research.--To the extent consistent with the 
                POPs Convention, the prohibitions specified in 
                paragraphs (1) and (2) shall not apply to any quantity 
                of a POPs pesticide that is used for laboratory scale 
                research or as a reference standard.
                    ``(D) Constituent of article in use before 
                prohibition applied.--To the extent consistent with the 
                POPs Convention, the prohibitions specified in 
                paragraphs (1) and (2) shall not apply to any quantity 
                of a POPs pesticide that occurs as a constituent of an 
                article, if--
                            ``(i) the article is manufactured or in use 
                        on or before the date of entry into force of 
                        the obligation applicable to the POPs 
                        pesticide; and
                            ``(ii) the Administrator has met any 
                        applicable requirement of the POPs Convention 
                        to notify the Secretariat of the POPs 
                        Convention concerning the article.
                    ``(E) Distribution for export if production or use 
                specific exemption or acceptable purpose is in 
                effect.--
                            ``(i) In general.--To the extent consistent 
                        with the POPs Convention, the prohibitions 
                        specified in paragraphs (1) and (2) shall not 
                        apply to any distribution for export of any 
                        POPs pesticide for which a production or use 
                        specific exemption under Annex A to the POPs 
                        Convention is in effect, or for which a 
                        production or use specific exemption or 
                        acceptable purpose under Annex B to the POPs 
                        Convention is in effect, if the POPs pesticide 
                        complies with an export condition described in 
                        clause (ii), (iii), or (iv).
                            ``(ii) Export for environmentally sound 
                        disposal.--An export condition referred to in 
                        clause (i) is that the POPs pesticide is 
                        exported for the purpose of environmentally 
                        sound disposal in accordance with paragraph 
1(d) of Article 6 of the POPs Convention.
                            ``(iii) Export to party with permission to 
                        use.--An export condition referred to in clause 
                        (i) is that the POPs pesticide is exported to a 
                        party to the POPs Convention that is permitted 
                        to use the POPs pesticide under Annex A or B to 
                        the POPs Convention.
                            ``(iv) Export to nonparty in accordance 
                        with nonparty certification.--
                                    ``(I) In general.--An export 
                                condition referred to in clause (i) is 
                                that the POPs pesticide is exported, to 
                                an importing country that is not a 
                                party to the POPs Convention with 
                                respect to the POPs pesticide, for 
                                sale, distribution, or use in 
                                accordance with a complete and accurate 
                                nonparty certification that the 
                                importing country annually provides to 
                                the Administrator.
                                    ``(II) Commitments by importing 
                                nonparty.--Consistent with the POPs 
                                Convention, an annual nonparty 
                                certification under subclause (I) shall 
                                specify the intended use of the POPs 
                                pesticide and state that, with respect 
                                to the POPs pesticide, the importing 
                                nonparty is committed to--
                                            ``(aa) protecting human 
                                        health and the environment by 
                                        taking necessary measures to 
                                        minimize or prevent releases;
                                            ``(bb) complying with 
                                        paragraph 1 of Article 6 of the 
                                        POPs Convention; and
                                            ``(cc) complying, to the 
                                        extent appropriate, with 
                                        paragraph 2 of Part II of Annex 
                                        B to the POPs Convention.
                                    ``(III) Supporting documentation.--
                                Each nonparty certification shall 
                                include any appropriate supporting 
                                documentation, such as legislation, 
                                regulatory instruments, and 
                                administrative or policy guidelines.
                                    ``(IV) Submission to secretariat of 
                                pops convention.--Not later than 60 
                                days after the date of receipt of a 
                                complete nonparty certification, the 
                                Administrator shall submit a copy of 
                                the nonparty certification to the 
                                Secretariat of the POPs Convention.
                    ``(F) Export for environmentally sound disposal if 
                no production or use specific exemption in effect.--To 
                the extent consistent with the POPs Convention, the 
                prohibitions specified in paragraphs (1) and (2) shall 
                not apply to any distribution for export for the 
                purpose of environmentally sound disposal, in 
                accordance with paragraph 1(d) of Article 6 of the POPs 
                Convention, of a POPs pesticide listed in Annex A to 
                the POPs Convention for which no production or use 
                specific exemption is in effect for any party to the 
                POPs Convention.
                    ``(G) Imports for specified purposes.--To the 
                extent consistent with the POPs Convention, the 
                prohibitions specified in paragraphs (1) and (2) shall 
                not apply to any distribution of a POPs pesticide that 
                is imported--
                            ``(i) for the purpose of environmentally 
                        sound disposal in accordance with paragraph 
                        1(d) of Article 6 of the POPs Convention; or
                            ``(ii) for a purpose authorized under a 
                        cancellation order issued under section 6.
                    ``(H) No effect on other prohibitions.--Nothing in 
                this paragraph authorizes any sale, distribution, use, 
                or production, or any disposal operation, that may lead 
                to recovery, recycling, reclamation, reuse, or an 
                alternative use, of any POPs pesticide that is 
                prohibited under any other provision of law.
            ``(4) Certification statement accompanying pops 
        pesticides.--
                    ``(A) In general.--Each POPs pesticide that is sold 
                or distributed under subparagraph (A), (C), (E), (F), 
                or (G) of paragraph (3) shall be accompanied by a 
                certification statement.
                    ``(B) Person required to prepare.--A certification 
                statement required by subparagraph (A) shall be 
                prepared--
                            ``(i) by the producer of the POPs 
                        pesticide; or
                            ``(ii) if there is no certification 
                        statement accompanying the POPs pesticide, by 
                        any person that sells or distributes the POPs 
                        pesticide.
                    ``(C) Required elements.--The certification 
                statement shall contain--
                            ``(i) a specification of the quantity and 
                        identity of the POPs pesticide;
                            ``(ii) the basis for application of 
                        subparagraph (A), (C), (E), (F), or (G) of 
                        paragraph (3); and
                            ``(iii) such other information as the 
                        Administrator determines to be necessary for 
                        effective enforcement of this subsection.
                    ``(D) Duties of sellers and distributors.--Any 
                person that sells or distributes the POPs pesticide 
                shall ensure that--
                            ``(i) the certification statement 
                        accompanies the POPs pesticide when the POPs 
                        pesticide is sold or distributed; and
                            ``(ii) the sale or distribution is 
                        consistent with the certification statement.
                    ``(E) Maintenance of certification statement.--A 
                person that prepares a certification statement shall 
                maintain a copy of the certification statement for a 
                period of not less than 3 years beginning on the date 
                on which the certification statement is prepared.
                    ``(F) Regulations.--The Administrator may 
                promulgate such regulations as are necessary--
                            ``(i) to facilitate implementation of this 
                        paragraph; and
                            ``(ii) to ensure that this paragraph is 
                        implemented in compliance with the POPs 
                        Convention.
            ``(5) Submission of information.--
                    ``(A) Proposal for listing meets pops convention 
                screening criteria.--
                            ``(i) Publication of notice in federal 
                        register.--As soon as practicable after the 
                        date of a determination by the POPs Review 
                        Committee that a proposal for listing a 
                        pesticide in Annex A, B, or C to the POPs 
                        Convention meets the screening criteria 
                        specified in Annex D to the POPs Convention, 
                        the Administrator shall publish in the Federal 
                        Register a notice that--
                                    ``(I) identifies the pesticide; and
                                    ``(II) summarizes the determination 
                                of the POPs Review Committee.
                            ``(ii) Provision of arguments or 
                        information to the administrator.--Not later 
                        than 60 days after the date of publication of 
                        the notice under clause (i), any registrant of 
                        the pesticide or other interested person that 
                        might support or object to any listing of the 
                        pesticide in Annex A, B, or C to the POPs 
                        Convention may provide to the Administrator any 
                        arguments or information associated with the 
                        risks or benefits of use of the pesticide 
                        (including information specified in Annex D or 
                        E to the POPs Convention) that, in the opinion 
                        of the registrant or other interested person, 
                        supports a determination that--
                                    ``(I) the determination by the POPs 
                                Review Committee is incorrect; or
                                    ``(II) any or all uses of the 
                                pesticide in the United States do or do 
                                not result in any unreasonable adverse 
                                effect on the environment.
                            ``(iii) Provision of additional 
                        information.--If a registrant or other 
                        interested person obtains, after the deadline 
                        established under clause (ii), additional 
                        information that was not available to the 
                        registrant or other interested person by the 
                        deadline, the registrant or other interested 
                        person may provide to the Administrator the 
                        additional information, and arguments based on 
                        the additional information, not later than 60 
                        days after the date of acquisition by the 
                        registrant or other interested person of the 
                        additional information.
                            ``(iv) Report by administrator to secretary 
                        of state.--Based on information received under 
                        this paragraph and any other relevant 
                        information available to the Administrator, the 
                        Administrator, not later than 180 days after 
                        the date of publication of the notice under 
                        clause (i), shall submit to the Secretary of 
                        State a report that contains, at a minimum--
                                    ``(I) information on the registered 
                                uses in the United States of the 
                                pesticide; and
                                    ``(II) an assessment of the 
                                benefits and risks associated with the 
                                uses in the United States of the 
                                pesticide.
                    ``(B) Decision to proceed with listing process.--
                            ``(i) Publication of notice in federal 
                        register.--If the POPs Review Committee decides 
                        under paragraph 7 of Article 8 of the POPs 
                        Convention that a proposal for listing a 
                        pesticide shall proceed, the Administrator 
                        shall publish in the Federal Register a notice 
                        that--
                                    ``(I) identifies the pesticide; and
                                    ``(II) summarizes the decision of 
                                the POPs Review Committee.
                            ``(ii) Provision of information by 
                        interested persons.--Not later than 60 days 
                        after the date of publication of the notice 
                        under clause (i), any person interested in a 
                        pesticide that is the subject of the notice may 
                        provide to the Administrator--
                                    ``(I) consistent with the 
                                information needs described in Annex F 
                                to the POPs Convention, any information 
                                that the person believes is relevant 
                                to--
                                            ``(aa) a risk management 
                                        evaluation carried out under 
                                        paragraph 7 of Article 8 of the 
                                        POPs Convention;
                                            ``(bb) a decision by the 
                                        Conference under paragraph 9 of 
                                        Article 8 of the POPs 
                                        Convention; or
                                            ``(cc) an action under 
                                        section 6(b); and
                                    ``(II) information on any article 
                                in use that consists of, contains, or 
                                is contaminated with the pesticide.
                    ``(C) Effect of failure to submit information.--If 
                an argument or item of information is not submitted by 
                a deadline established under this paragraph, a person 
                may not raise the argument or submit the information 
in any subsequent cancellation proceeding initiated by the 
Administrator under section 6 in response to a listing decision by the 
Conference unless the person that seeks to raise the argument or submit 
the information demonstrates that the argument or information could not 
reasonably have been made available to the Administrator by the 
deadlines established under this paragraph.
    ``(f) LRTAP POPs Protocol.--
            ``(1) Prohibition on specified lrtap pops pesticides.--
                    ``(A) In general.--Subject to subparagraph (B), 
                paragraph (3), and the LRTAP POPs Protocol, 
                notwithstanding any other provision of law, a person 
                shall not sell, distribute, use, produce, or conduct 
                any disposal operation that may lead to recovery, 
                recycling, reclamation, reuse, or an alternative use of 
                any of the following LRTAP POPs pesticides:
                            ``(i) Chlordecone.
                            ``(ii) Hexabromobiphenyl.
                            ``(iii) Hexachlorocyclohexane (HCH).
                    ``(B) Addition to annex a or b to pops 
                convention.--If a LRTAP POPs pesticide specified in 
                subparagraph (A) is added to Annex A or B to the POPs 
                Convention and the amendment making the addition enters 
                into force with respect to the United States under 
                paragraph 4 of Article 22 of the POPs Convention--
                            ``(i) subparagraph (A) shall not apply to 
                        the LRTAP POPs pesticide; and
                            ``(ii) the LRTAP POPs pesticide shall be 
                        subject to subsection (e).
            ``(2) Prohibition on other lrtap pops pesticides.--
                    ``(A) In general.--Subject to paragraph (3), 
                notwithstanding any other provision of law, a person 
                shall not sell, distribute, use, or produce a LRTAP 
                POPs pesticide that--
                            ``(i) is not subject to paragraph (1); and
                            ``(ii) meets a condition described in 
                        subparagraph (B).
                    ``(B) Cancellation or statement of compliance.--
                            ``(i) In general.--The condition referred 
                        to in subparagraph (A)(ii) is that, in 
                        accordance with this Act, the Administrator, 
                        with the concurrence of the Secretary of 
                        State--
                                    ``(I) subject to clause (ii), 
                                cancels under section 6 any existing 
                                registration that the Administrator 
                                determines would prevent the United 
                                States from complying with the 
                                obligations of the United States under 
                                the LRTAP POPs Protocol if the United 
                                States were to become a party to the 
                                LRTAP POPs Protocol for the LRTAP POPs 
                                pesticide; or
                                    ``(II) after providing notice and 
                                an opportunity for comment--
                                            ``(aa) issues a statement 
                                        that there are no existing 
                                        registrations for the LRTAP 
                                        POPs pesticide that would 
                                        prevent the United States from 
                                        complying with the obligations 
                                        of the United States under the 
                                        LRTAP POPs Protocol; and
                                            ``(bb) in the statement, 
                                        identifies any uses of the 
                                        LRTAP POPs pesticide permitted 
                                        in the United States that would 
                                        not prevent the United States 
                                        from complying with the 
                                        obligations of the United 
                                        States under the POPs 
                                        Convention.
                            ``(ii) Effective date of cancellation.--An 
                        action under clause (i)(I) and section 6 based 
                        on a finding of the Administrator that 
                        production or use of a pesticide would result 
                        in an unreasonable adverse effect on the 
                        environment because of an inconsistency with an 
                        amendment to Annex I or II to the LRTAP POPs 
                        Protocol shall not become effective until such 
                        time as the amendment enters into force with 
                        respect to the United States under paragraph 3 
                        of Article 14 of the LRTAP POPs Protocol.
            ``(3) Exemptions.--
                    ``(A) In general.--To the extent consistent with 
                the LRTAP POPs Protocol, the prohibitions specified in 
                paragraphs (1) and (2) shall not apply to--
                            ``(i) any sale, distribution, use, or 
                        production of a LRTAP POPs pesticide that the 
                        Administrator determines, through a 
                        cancellation order issued under section 6 or a 
                        statement issued under paragraph 
                        (2)(B)(i)(II)--
                                    ``(I) is consistent with an 
                                exemption available to the United 
                                States under Annex I or II to the LRTAP 
                                POPs Protocol; and
                                    ``(II) would, as a result, not 
                                prevent the United States from 
                                complying with the obligations of the 
                                United States under the LRTAP POPs 
                                Protocol;
                            ``(ii) any quantity of a LRTAP POPs 
                        pesticide that is used for laboratory scale 
                        research or as a reference standard;
                            ``(iii) any quantity of a LRTAP POPs 
                        pesticide that occurs as a contaminant in an 
                        article;
                            ``(iv) any quantity of a LRTAP POPs 
                        pesticide that is in an article manufactured or 
                        in use on or before--
                                    ``(I) the implementation date of 
                                the LRTAP POPs Protocol; or
                                    ``(II) in the case of any LRTAP 
                                POPs pesticide added to any applicable 
                                Annex after the implementation date of 
                                the LRTAP POPs Protocol, the 
                                implementation date of the amendment to 
                                the LRTAP POPs Protocol that makes the 
                                addition; or
                            ``(v) the production or use of any quantity 
                        of hexachlorocyclohexane (HCH) that complies 
                        with the restrictions and conditions specified 
                        for HCH in Annex II to the LRTAP POPs Protocol.
                    ``(B) Petitions for exemptions authorized by lrtap 
                pops protocol.--
                            ``(i) In general.--A person may petition 
                        the Administrator for an exemption from a 
                        prohibition specified in paragraph (1) or (2) 
                        that is consistent with the exemptions 
                        authorized under paragraph 2 of Article 4 of 
                        the LRTAP POPs Protocol.
                            ``(ii) Required elements of petitions.--Any 
                        petition under clause (i) shall, at a minimum, 
                        contain--
                                    ``(I) information relating to each 
                                finding, if any, that the Administrator 
                                is required to make under the LRTAP 
                                POPs Protocol before granting the 
                                exemption; and
                                    ``(II) any additional information, 
                                if any, that the Administrator is 
                                required to provide to the Secretariat 
                                of the LRTAP POPs Protocol concerning a 
                                granted exemption.
                            ``(iii) Grant or denial of petition.--The 
                        Administrator, with the concurrence of the 
                        Secretary of State, shall--
                                    ``(I) if the petition is authorized 
                                for the United States under, and is 
                                otherwise consistent with, the LRTAP 
                                POPs Protocol, grant the petition with 
                                such conditions or limitations as are 
                                necessary to meet any requirement of 
                                the LRTAP POPs Protocol or any other 
                                provision of law; or
                                    ``(II) deny the petition.
                            ``(iv) Provision of information to 
                        secretariat.--Notwithstanding any other 
                        provision of law, if the Administrator grants 
                        the petition, the Administrator, not later than 
                        90 days after the date on which the petition is 
                        granted, shall provide the Secretariat of the 
                        LRTAP POPs Protocol with the information 
                        specified in paragraph 3 of Article 4 of the 
                        LRTAP POPs Protocol.
                            ``(v) Disallowance of exemption by lrtap 
                        pops protocol.--
                                    ``(I) In general.--If, after an 
                                exemption has been granted under this 
                                subparagraph, the exemption is no 
                                longer authorized for the United States 
                                under the LRTAP POPs Protocol, it shall 
                                be unlawful for any person to sell, 
                                distribute, use, or produce a LRTAP 
                                POPs pesticide in the manner authorized 
                                by the petition.
                                    ``(II) Publication of notice in 
                                federal register.--The Administrator 
                                shall publish in the Federal Register a 
                                notice announcing the disallowance of 
                                any exemption under subclause (I).
                    ``(C) No effect on other prohibitions.--Nothing in 
                this paragraph authorizes any sale, distribution, use, 
                production, or disposal operation that may lead to 
                recovery, recycling, reclamation, reuse, or an 
                alternative use of any LRTAP POPs pesticide that is 
                prohibited under any other provision of law.
            ``(4) Certification statement accompanying lrtap pops 
        pesticides.--
                    ``(A) In general.--Each LRTAP POPs pesticide that 
                is sold or distributed under subparagraph (A)(i), 
                (A)(ii), or (B) of paragraph (3) shall be accompanied 
                by a certification statement.
                    ``(B) Person required to prepare.--A certification 
                statement required by subparagraph (A) shall be 
                prepared--
                            ``(i) by the producer of the LRTAP POPs 
                        pesticide; or
                            ``(ii) if there is no certification 
                        statement accompanying the LRTAP POPs 
                        pesticide, by any person that sells or 
                        distributes the LRTAP POPs pesticide.
                    ``(C) Required elements.--The certification 
                statement shall contain--
                            ``(i) a specification of the quantity and 
                        identity of the LRTAP POPs pesticide;
                            ``(ii) the basis for application of 
                        subparagraph (A)(i), (A)(ii), or (B) of 
                        paragraph (3); and
                            ``(iii) such other information as the 
                        Administrator determines to be necessary for 
                        effective enforcement of this subsection.
                    ``(D) Duties of sellers and distributors.--Any 
                person that sells or distributes the LRTAP POPs 
                pesticide shall ensure that--
                            ``(i) the certification statement 
                        accompanies the LRTAP POPs pesticide when the 
                        LRTAP POPs pesticide is sold or distributed; 
                        and
                            ``(ii) the sale or distribution is 
                        consistent with the certification statement.
                    ``(E) Maintenance of certification statement.--A 
                person that prepares a certification statement shall 
                maintain a copy of the certification statement for a 
                period of not less than 3 years beginning on the date 
                on which the certification statement is prepared.
                    ``(F) Regulations.--The Administrator may 
                promulgate such regulations as are necessary--
                            ``(i) to facilitate implementation of this 
                        paragraph; and
                            ``(ii) to ensure that this paragraph is 
                        implemented in compliance with the LRTAP POPs 
                        Protocol.
            ``(5) Submission of information.--
                    ``(A) Risk profile in support of proposed amendment 
                to list.--
                            ``(i) Publication of notice in federal 
                        register.--As soon as practicable after the 
                        date of submission to the Executive Body of a 
                        risk profile in support of a proposed amendment 
                        to list a pesticide in Annex I, II, or III to 
                        the LRTAP POPs Protocol, the Administrator 
                        shall publish in the Federal Register a notice 
                        that--
                                    ``(I) identifies the pesticide; and
                                    ``(II) summarizes the risk profile 
                                for the pesticide.
                            ``(ii) Provision of arguments or 
                        information to the administrator.--Not later 
                        than 60 days after the date of publication of 
                        the notice under clause (i), any registrant of 
                        the pesticide or other interested person that 
                        might support or object to any listing of the 
                        pesticide in Annex I, II, or III to the LRTAP 
                        POPs Protocol may provide to the Administrator 
                        any arguments or information associated with 
                        the risks or benefits of use of the pesticide 
                        that, in the opinion of the registrant or other 
                        interested person, supports a determination 
                        that--
                                    ``(I) the risk profile is 
                                incorrect; or
                                    ``(II) any or all uses of the 
                                pesticide in the United States do or do 
                                not result in any unreasonable adverse 
                                effect on the environment.
                            ``(iii) Provision of additional 
                        information.--If a registrant or other 
                        interested person obtains, after the deadline 
                        established under clause (ii), additional 
                        information that was not available to the 
                        registrant or other interested person by the 
                        deadline, the registrant or other interested 
                        person may provide to the Administrator the 
                        additional information, and arguments based on 
                        the additional information, not later than 60 
                        days after the date of acquisition by the 
                        registrant or other interested person of the 
                        additional information.
                            ``(iv) Report by administrator to secretary 
                        of state.--Based on information received under 
                        this paragraph and any other relevant 
                        information available to the Administrator, the 
                        Administrator, not later than 180 days after 
                        the date of publication of the notice under 
                        clause (i), shall submit to the Secretary of 
                        State a report that contains, at a minimum--
                                    ``(I) information on the registered 
                                uses in the United States of the 
                                pesticide; and
                                    ``(II) an assessment of the 
                                benefits and risks associated with the 
                                uses in the United States of the 
                                pesticide.
                    ``(B) Effect of failure to submit information.--If 
                an argument or item of information is not submitted by 
                a deadline established under this paragraph, a person 
                may not raise the argument or submit the information in 
                any subsequent cancellation proceeding initiated by the 
                Administrator under section 6 in response to an 
                amendment to Annex I, II, or III to the LRTAP POPs 
Protocol unless the person that seeks to raise the argument or submit 
the information demonstrates that the argument or information could not 
reasonably have been made available to the Administrator by the 
deadlines established under this paragraph.
    ``(g) Notice and Record of Prohibitions, Exemptions, Disallowances, 
and Other Information.--
            ``(1) In general.--The Administrator--
                    ``(A) shall publish in the Federal Register timely 
                notice concerning--
                            ``(i)(I) the POPs pesticides subject to the 
                        prohibitions specified in subsection (e);
                            ``(II) any exemptions from the prohibitions 
                        authorized under subsection (e); and
                            ``(III) any importing country from which 
                        any POPs pesticide has received a nonparty 
                        certification under subsection (e)(3)(E)(iv); 
                        and
                            ``(ii)(I) the LRTAP POPs pesticides subject 
                        to the prohibitions specified in subsection 
                        (f); and
                            ``(II) any exemptions from the prohibitions 
                        authorized under subsection (f), including any 
                        disallowances of exemptions under subsection 
                        (f)(3)(B)(v); and
                    ``(B) may include in the notice any other 
                information that the Administrator determines to be 
                necessary to ensure adequate notice of the requirements 
                of--
                            ``(i) this section;
                            ``(ii) the POPs Convention; or
                            ``(iii) the LRTAP POPs Protocol.
            ``(2) Integration with tsca information.--The Administrator 
        shall--
                    ``(A) maintain a record that integrates the 
                information in the notice published under paragraph (1) 
                with any information published under section 6(h) of 
                the Toxic Substances Control Act (15 U.S.C. 2605(h));
                    ``(B) update the record as necessary; and
                    ``(C) make the record publicly available.''.

SEC. 205. CONFORMING AMENDMENTS.

    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) in the items relating to section 2--
                    (A) by striking the item relating to subsection 
                (bb) and inserting the following:

        ``(bb) Unreasonable adverse effect on the 
            environment.
            ``(1) In general.
            ``(2) Public health pesticides.'';
                and
                    (B) by adding at the end the following:

        ``(pp) Conference.
        ``(qq) Executive Body.
        ``(rr) LRTAP Convention.
        ``(ss) LRTAP POPs pesticide.
        ``(tt) LRTAP POPs Protocol.
        ``(uu) POPs Convention.
        ``(vv) POPs pesticide.
        ``(ww) POPs Review Committee.'';
            (2) in the items relating to section 3, by striking the 
        item relating to subsection (b) and inserting the following:

        ``(b) Exemptions.
            ``(1) In general.
            ``(2) POPs pesticides.'';
        and
            (3) in the items relating to section 17, by striking the 
        items relating to subsection (e) and inserting the following:

        ``(e) POPs Convention.
            ``(1) Prohibition on specified POPs pesticides.
            ``(2) Prohibition on other POPs pesticides.
            ``(3) Exemptions.
            ``(4) Certification statement accompanying POPs 
            pesticides.
            ``(5) Submission of information.
        ``(f) LRTAP POPs Protocol.
            ``(1) Prohibition on specified LRTAP POPs 
            pesticides.
            ``(2) Prohibition on other LRTAP POPs 
            pesticides.
            ``(3) Exemptions.
            ``(4) Certification statement accompanying 
            LRTAP POPs pesticides.
            ``(5) Submission of information.
        ``(g) Notice and record of prohibitions, 
            exemptions, and other information.
            ``(1) In general.
            ``(2) Integration with TSCA information.
        ``(h) Regulations.''.
                                 <all>