[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2507 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 2507

To amend the Toxic Substances Control Act and the Federal Insecticide, 
Fungicide, and Rodenticide Act to implement the Stockholm Convention on 
   Persistent Organic Pollutants, the Protocol on Persistent Organic 
Pollutants to the Convention on Long-Range Transboundary Air Pollution, 
 and the Rotterdam Convention on the Prior Informed Consent Procedure 
 for Certain Hazardous Chemicals and Pesticides in International Trade.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                 May 13 (legislative day, May 9), 2002

Mr. Smith of New Hampshire (by request) 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, the Protocol on Persistent Organic 
Pollutants to the Convention on Long-Range Transboundary Air Pollution, 
 and the Rotterdam Convention on the Prior Informed Consent Procedure 
 for Certain Hazardous Chemicals and Pesticides in International Trade.

    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 and PIC 
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.
             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) by redesignating paragraphs (4), (5), (6), (7), (8), 
        (9), (10), (11), (12), (13), and (14) as paragraphs (6), (7), 
        (9), (13), (14), (15), (21), (22), (23), (24), and (25), 
        respectively;
            (2) 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.
            ``(5) Designated national authority.--The term `designated 
        national authority' means the 1 or more authorities that a 
        government has designated in a notification to the Secretariat 
        of the PIC Convention in accordance with the PIC Convention.'';
            (3) by inserting after paragraph (7) (as redesignated by 
        paragraph (1)) the following:
            ``(8) Executive body.--The term `Executive Body' means the 
        Executive Body established by Article 10 of the LRTAP 
        Convention.'';
            (4) by inserting after paragraph (9) (as redesignated by 
        paragraph (1)) the following:
            ``(10) LRTAP convention.--The term `LRTAP Convention' means 
        the Convention on Long-Range Transboundary Air Pollution, done 
        at Geneva on November 13, 1979 (TIAS 10541), to which the 
        United States is a party.
            ``(11) LRTAP pops chemical substance or mixture.--The term 
        `LRTAP POPs chemical substance or mixture' means any chemical 
        substance or mixture--
                    ``(A) that is listed in Annex I or II to the LRTAP 
                POPs Protocol; and
                    ``(B) with respect to which the listing has entered 
                into force with respect to the United States under 
                paragraph 3 of Article 14 of the LRTAP POPs Protocol.
            ``(12) 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, to which the 
        United States is a party.''; and
            (5) by inserting after paragraph (15) (as redesignated by 
        paragraph (1)) the following:
            ``(16) PCB.--The term `PCB' means a polychlorinated 
        biphenyl.
            ``(17) PIC convention.--The term `PIC Convention' means 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, to which the 
        United States is a party.
            ``(18) POPs chemical substance or mixture.--The term `POPs 
        chemical substance or mixture' means any chemical substance or 
        mixture--
                    ``(A) that is listed in Annex A or B to the POPs 
                Convention; and
                    ``(B) with respect to which any applicable 
                provision of the POPs Convention has entered into force 
                with respect to the United States under paragraph 4 of 
                Article 22 of the POPs Convention.
            ``(19) POPs convention.--The term `POPs Convention' means 
        the Stockholm Convention on Persistent Organic Pollutants, done 
        at Stockholm on May 22, 2001, to which the United States is a 
        party.
            ``(20) 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 (2), subsection (i), and the 
        POPs Convention, notwithstanding any other provision of law, a 
        person shall not manufacture, process, distribute in commerce, 
        use, or dispose of any of the following POPs chemical 
        substances or mixtures:
                    ``(A) Aldrin.
                    ``(B) Chlordane.
                    ``(C) Dichlorodiphenyltrichloroethane (DDT).
                    ``(D) Dieldrin.
                    ``(E) Endrin.
                    ``(F) Heptachlor.
                    ``(G) Hexachlorobenzene.
                    ``(H) Mirex.
                    ``(I) PCBs.
                    ``(J) Toxaphene.
            ``(2) Exemptions.--
                    ``(A) Unintentional trace contaminants.--To the 
                extent consistent with the POPs Convention, the 
                prohibitions specified in paragraph (1) shall not apply 
                to any quantity of a POPs chemical substance or mixture 
                that occurs as an unintentional trace contaminant in a 
                product or article.
                    ``(B) Research.--To the extent consistent with the 
                POPs Convention, the prohibitions specified in 
                paragraph (1) 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.
                    ``(C) Constituent of article in use before 
                prohibition applied.--To the extent consistent with the 
                POPs Convention, the prohibitions specified in 
                paragraph (1) 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.
                    ``(D) Closed-system site-limited intermediate.--
                            ``(i) Exemption.--To the extent consistent 
                        with the POPs Convention, the prohibitions 
                        specified in paragraph (1) 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 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.
                    ``(E) PCB materials.--To the extent consistent with 
                the POPs Convention, the prohibitions specified in 
                paragraph (1) 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.
                    ``(F) 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 paragraph (1) 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, to the 
                        extent that the POPs chemical substance or 
                        mixture complies with an export condition 
                        described in clause (ii), (iii), or (iv). Any 
                        determination by the Administrator that an 
                        export condition described in clause (ii), 
                        (iii), or (iv) is not met shall be made in 
                        cooperation with the heads of other interested 
                        Federal agencies.
                            ``(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 that has provided 
                        a 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 
                                foreign state that is not a party to 
                                the POPs Convention with respect to the 
                                POPs chemical substance or mixture, 
                                that has provided an annual 
                                certification.
                                    ``(II) Commitments by importing 
                                nonparty.--Consistent with paragraph 
                                2(b)(iii) of Article 3 of 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) Submission to secretariat 
                                of pops convention.--Not later than 60 
                                days after the date of receipt of a 
                                nonparty certification, the 
                                Administrator shall submit a copy of 
                                the nonparty certification to the 
                                Secretariat of the POPs Convention.
                    ``(G) 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 paragraph (1) 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.
                    ``(H) Imports for environmentally sound disposal.--
                To the extent consistent with the POPs Convention, the 
                prohibitions specified in paragraph (1) shall not apply 
                to any distribution in commerce of a POPs chemical 
                substance or mixture that is imported for the purpose 
                of environmentally sound disposal in accordance with 
                paragraph 1(d) of Article 6 of the POPs Convention.
                    ``(I) Waste.--To the extent consistent with the 
                POPs Convention, the prohibitions specified in 
                paragraph (1) 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.
                    ``(J) 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.
            ``(3) Certification statement accompanying pops chemical 
        substances or mixtures.--
                    ``(A) In general.--Each POPs chemical substance or 
                mixture that is distributed in commerce under 
                subparagraph (B), (E), (F), (G), (H) or (I) of 
                paragraph (2) 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 (B), (E), (F), (G), (H) or (I) of 
                        paragraph (2); and
                            ``(iii) such other information as the 
                        Administrator, after public notice and 
                        opportunity for comment, 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;
                            ``(ii) to ensure compliance with the POPs 
                        Convention; and
                            ``(iii) to harmonize the requirements of 
                        this paragraph with certification requirements 
                        under other provisions of this Act so as to 
                        avoid any requirement that multiple 
                        certification statements accompany any single 
                        POPs chemical substance or mixture.
    ``(g) LRTAP POPs Protocol.--
            ``(1) Prohibition on specified lrtap pops chemical 
        substances or mixtures.--Subject to paragraph (2), subsection 
        (i), 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:
                    ``(A) Aldrin.
                    ``(B) Chlordane.
                    ``(C) Chlordecone.
                    ``(D) Dichlorodiphenyltrichloroethane (DDT).
                    ``(E) Dieldrin.
                    ``(F) Endrin.
                    ``(G) Heptachlor.
                    ``(H) Hexabromobiphenyl.
                    ``(I) Hexachlorobenzene.
                    ``(J) Hexachlorocyclohexane (HCH).
                    ``(K) Mirex.
                    ``(L) PCBs.
                    ``(M) Toxaphene.
            ``(2) 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 quantity of a LRTAP POPs chemical 
                        substance or mixture that is used for 
                        laboratory scale research or as a reference 
                        standard;
                            ``(ii) any quantity of a LRTAP POPs 
                        chemical substance or mixture that occurs as a 
                        contaminant in a product;
                            ``(iii) any quantity of a LRTAP POPs 
                        chemical substance or mixture that is in an 
                        article manufactured or in use on or before the 
                        date of entry into force of the obligation of 
                        the LRTAP POPs Protocol applicable to the POPs 
                        chemical substance or mixture;
                            ``(iv) 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;
                            ``(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;
                            ``(vi) 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; or
                            ``(vii) any PCB materials described in 
                        Annex II to the LRTAP POPs Protocol if the PCB 
                        materials are handled in accordance with the 
                        LRTAP POPs Protocol, including Annex II to the 
                        LRTAP POPs Protocol.
                    ``(B) Exemptions authorized by lrtap pops 
                protocol.--
                            ``(i) In general.--The Administrator, with 
                        the concurrence of the Secretary of State, on 
                        the Administrator's own motion or on petition 
                        of any person, may grant an exemption from a 
                        prohibition specified in paragraph (1) 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 of exemption.--The 
                        Administrator, with the concurrence of the 
                        Secretary of State, shall, if the exemption is 
                        authorized for the United States under, and is 
                        otherwise consistent with, the LRTAP POPs 
                        Protocol, grant an exemption under this 
                        subparagraph with such conditions or 
                        limitations as are necessary to meet any 
                        requirement of the LRTAP POPs Protocol or any 
                        other provision of law.
                            ``(iv) Provision of information to 
                        secretariat.--Notwithstanding any other 
                        provision of law, if the Administrator grants 
                        an exemption under this subparagraph, the 
                        Administrator, not later than 90 days after the 
                        date on which the exemption is granted, shall 
                        provide to the Secretariat of the LRTAP POPs 
                        Protocol the information specified in paragraph 
                        3 of Article 4 of the LRTAP POPs Protocol.
                            ``(v) Disallowance of exemption by lrtap 
                        pops protocol.--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.
                            ``(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.
            ``(3) 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)(vi), (A)(vii), or (B) of 
                paragraph (2) 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)(vi), (A)(vii), or (B) 
                        of paragraph (2); and
                            ``(iii) such other information as the 
                        Administrator, after public notice and 
                        opportunity for comment, 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;
                            ``(ii) to ensure compliance with the LRTAP 
                        POPs Protocol; and
                            ``(iii) to harmonize the requirements of 
                        this paragraph with certification requirements 
                        under other provisions of this Act so as to 
                        avoid any requirement that multiple 
                        certification statements accompany any single 
                        LRTAP POPs chemical substance or mixture.
    ``(h) Notice and Record of Prohibitions, Exemptions, Disallowances, 
and Other Information.--
            ``(1) In general.--The Administrator, in cooperation with 
        the Secretary of State--
                    ``(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), including any 
                        disallowances of exemptions; and
                            ``(III) a list of importing foreign states 
                        from which the Administrator has received a 
                        nonparty certification under subsection 
                        (f)(2)(F)(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)(2)(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(g));
                    ``(B) update the record as necessary; and
                    ``(C) make the record publicly available.
    ``(i) Harmonization of POPs Convention and LRTAP POPs Convention.--
            ``(1) In general.--If a chemical substance or mixture is 
        both a POPs chemical substance or mixture and a LRTAP POPs 
        chemical substance or mixture, both subsection (f) and 
        subsection (g) shall apply to the chemical substance or 
        mixture.
            ``(2) Conflict.--In the case of a conflict between 
        subsection (f) and subsection (g) with respect to a chemical 
        substance or mixture, the more stringent provision shall 
        govern.
            ``(3) Application.--With respect to a chemical substance or 
        mixture, subsections (f) and (g) shall be applied in such a 
        manner as to ensure that the United States is in compliance 
        with both the POPs Convention and the LRTAP POPs Protocol with 
        respect to the chemical substance or mixture.''.

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 may 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 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, and any other interested person may, provide to 
                the Administrator all of the following existing 
                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 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.--Information 
                required to be 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) Provision of information by interested 
                persons.--Not later than 60 days after the date of 
                publication of the notice under subparagraph (A), any 
                interested person may provide to the Administrator any 
                arguments or information associated with the risks or 
                benefits of use of the chemical substance or mixture 
                that is the subject of the notice that, in the opinion 
                of the interested person, supports a determination 
                that--
                            ``(i) the determination by the POPs Review 
                        Committee with respect to the chemical 
                        substance or mixture is correct or incorrect; 
                        or
                            ``(ii) some or all manufacturing, 
                        processing, distribution in commerce, use, or 
                        disposal of the chemical substance or mixture 
                        in the United States does or does not present 
                        an unreasonable risk of injury to health or the 
                        environment.
                    ``(E) 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 may 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, and any other interested person 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--
                                    ``(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) a determination whether 
                                some or all of the 
manufacturing, processing, distribution in commerce, use, or disposal 
of the chemical substance or mixture in the United States does or does 
not present an unreasonable risk of injury to health or the 
environment; 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 a particular argument or piece of 
        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 may 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, and any other interested 
                person may, provide to the Administrator all of the 
                following existing 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.
                            ``(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.--Information 
                required to be provided under subparagraph (B) shall be 
                updated on an annual basis until such time as--
                            ``(i) the parties to the LRTAP POPs 
                        Protocol determine 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) Provision of information by interested 
                persons.--Not later than 60 days after the date of 
                publication of the notice under subparagraph (A), any 
                interested person may provide to the Administrator any 
                arguments or information associated with the risks or 
                benefits of use of the chemical substance or mixture 
                that is the subject of the notice that, in the opinion 
                of the interested person, supports a determination 
                that--
                            ``(i) the risk profile for the chemical 
                        substance or mixture is correct or incorrect; 
                        or
                            ``(ii) some or all manufacturing, 
                        processing, distribution in commerce, use, or 
                        disposal of the chemical substance or mixture 
                        in the United States does or does not present 
                        an unreasonable risk of injury to health or the 
                        environment.
                    ``(E) 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 provide required information.--A 
        person that fails to provide a particular argument or piece of 
        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.''.

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--
            ``(1) shall participate and cooperate in any international 
        efforts to develop improved research and regulations on 
        chemical substances and mixtures; and
            ``(2) should pursue opportunities to participate in 
        technical cooperation and capacity building activities designed 
        to support implementation of--
                    ``(A) the LRTAP POPs Protocol;
                    ``(B) the PIC Convention; 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 of the Toxic Substances Control Act (15 U.S.C. 2611) is 
amended--
            (1) in subsection (a)(1), by striking ``subsection (b), 
        this Act (other than section 8)'' and inserting ``subsections 
        (b) through (g), this Act (other than sections 6(f), 6(g), and 
        8)''; and
            (2) by adding at the end the following:
    ``(c) Requirements for Exports.--
            ``(1) Compliance and certification.--In the case of a 
        chemical substance or mixture identified by the Administrator 
        in a notice issued under subsection (f)(3), any person that 
        manufactures, processes, or distributes in commerce the 
        chemical substance or mixture for export shall--
                    ``(A) comply with any export conditions or 
                restrictions identified by the Administrator in the 
                notice; and
                    ``(B) certify that the chemical substance or 
                mixture complies with the conditions or restrictions.
            ``(2) Certification statement.--
                    ``(A) In general.--The certification statement for 
                a chemical substance or mixture described in paragraph 
                (1)(B) shall include--
                            ``(i) an identification of the chemical 
                        substance or mixture;
                            ``(ii) an identification of the foreign 
                        state to which the chemical substance or 
                        mixture is intended for export;
                            ``(iii) the export conditions or 
                        restrictions identified by the Administrator in 
                        the notice issued under subsection (f)(3) with 
                        respect to the chemical substance or mixture;
                            ``(iv) a description of the manner in which 
                        those conditions or restrictions will be 
                        complied with; and
                            ``(v) any other information that the 
                        Administrator determines to be necessary for 
                        effective enforcement of the export conditions 
                        or restrictions applicable to the chemical 
                        substance or mixture.
                    ``(B) Shipping.--The certification statement for a 
                chemical substance or mixture described in subparagraph 
                (A) shall be included among the shipping documents for, 
                and shall accompany, the chemical substance or mixture.
                    ``(C) Maintenance of certification statement.--A 
                person that is required to prepare a certification 
                statement under paragraph (1)(B) 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.
                    ``(D) Regulations.--The Administrator may 
                promulgate such regulations as the Administrator 
                determines to be necessary--
                            ``(i) to facilitate implementation of this 
                        subsection;
                            ``(ii) to ensure compliance with the PIC 
                        Convention; and
                            ``(iii) to harmonize the certification 
                        requirement of this subsection with 
                        certification requirements under other 
                        provisions of this Act so as to avoid any 
                        requirement that multiple certification 
                        statements accompany any single chemical 
                        substance or mixture.
    ``(d) Banned and Restricted Chemical Substances and Mixtures.--
            ``(1) In general.--
                    ``(A) Requirement.--Except as provided in paragraph 
                (2), in the case of a chemical substance or mixture 
                that the Administrator determines to be banned or 
                severely restricted under subsection (f)(1), the 
                exporter of the chemical substance or mixture shall 
                provide to the Administrator notice of the intent of 
                the exporter to export the chemical substance or 
                mixture.
                    ``(B) Timing of notice.--
                            ``(i) First export.--In the case of a first 
                        export from the territory of the United States 
                        to each importing foreign state that occurs 
                        after the Administrator issues a notice under 
                        subsection (f)(1), the notice shall be received 
                        not earlier than 30 days but not later than 15 
                        days before the date of export.
                            ``(ii) Subsequent exports.--In the case of 
                        subsequent exports to the foreign state, the 
                        notice shall be received not earlier than 30 
                        days but not later than 15 days before the date 
                        of the first export in each calendar year.
            ``(2) Later notices.--Notwithstanding paragraph (1), the 
        Administrator may permit notices of intent to export to be 
        received less than 15 days before the date of a first export 
        described in paragraph (1)(A), or less than 15 days before the 
        date of a first export in each calendar year described in 
        paragraph (1)(B), if the Administrator determines, based on the 
        Administrator's experience with the notification program under 
        this subsection, that the notice activities under this 
        subsection may be administered in accordance with the PIC 
        Convention despite such a shortened notice period.
            ``(3) Inclusions.--A notice of intent to export submitted 
        to the Administrator under paragraph (1) shall include--
                    ``(A) the name and address of the exporter;
                    ``(B) the name and address of the appropriate 
                designated national authority of the United States;
                    ``(C) the name and address of the appropriate 
                designated national authority of the importing foreign 
                state, if available;
                    ``(D) the name and address of the importer;
                    ``(E) the name of the chemical substance or mixture 
                for which the notice is required;
                    ``(F) the expected date of export;
                    ``(G) the foreseen uses of the chemical substance 
                or mixture, if known, in the importing foreign state;
                    ``(H) any information on precautionary measures to 
                reduce exposure to, and emission of, the chemical 
                substance or mixture;
                    ``(I) the concentration of the chemical substance 
                or mixture; and
                    ``(J) any other information specified in Annex V to 
                the PIC Convention.
    ``(e) Labeling Requirements.--
            ``(1) In general.--In the case of any chemical substance or 
        mixture that is the subject of a notice issued under paragraph 
        (1) or (3) of subsection (f) and that is manufactured, 
        processed, or distributed in commerce for export, the chemical 
        substance or mixture shall, in accordance with the PIC 
        Convention--
                    ``(A) bear labeling information relating to any 
                significant risks or hazards to human health or the 
                environment; and
                    ``(B) be accompanied by shipping documents that 
                include any relevant safety data sheets on the chemical 
                substance or mixture.
            ``(2) Custom codes.--A chemical substance or mixture that 
        is the subject of a notice issued under subsection (f)(3) and 
        that is distributed or sold for export shall be accompanied by 
        shipping documents that bear, at a minimum, any appropriate 
        harmonized system customs codes assigned by the World Customs 
        Organization.
    ``(f) Notice Requirements and Exemption.--
            ``(1) Determination whether pesticide is banned or severely 
        restricted.--
                    ``(A) In general.--The Administrator, with the 
                concurrence of the Secretary of State, shall determine 
                whether a chemical substance or mixture is banned or 
                severely restricted within the United States (as those 
                terms are defined by the PIC Convention).
                    ``(B) Notice of determinations.--Notwithstanding 
                any other provision of law, the Administrator shall 
                issue to the Secretariat of the PIC Convention and the 
                public a notice of each determination under 
                subparagraph (A) that includes--
                            ``(i) in the case of a notice to the 
                        Secretariat of the PIC Convention, the 
                        information specified in Annex I to the PIC 
                        Convention; and
                            ``(ii) in the case of a notice to the 
                        public, at a minimum, a summary of that 
                        information.
            ``(2) Notice to foreign countries.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, on receipt of a notice of intent to 
                export under subsection (d), the Administrator shall 
                provide a copy of the notice to the designated national 
authority of the importing foreign state.
                    ``(B) Nonidentified designated national 
                authority.--In a case in which a designated national 
                authority has not been identified, the Administrator 
                shall provide the notice of intent to export to any 
                other appropriate official of the importing foreign 
                state, as identified by the Administrator.
            ``(3) Notice to public.--
                    ``(A) In general.--The Administrator, with the 
                concurrence of the Secretary of State, shall issue a 
                notice to inform the public of--
                            ``(i) any chemical substance or mixture 
                        that is listed on Annex III to the PIC 
                        Convention; and
                            ``(ii) any condition or restriction of an 
                        importing foreign state that is applicable to 
                        the import, in accordance with the PIC 
                        Convention, of the chemical substance or 
                        mixture.
                    ``(B) Timing.--A notice required under subparagraph 
                (A) shall be issued not later than 90 days after, and 
                any conditions or restrictions described in 
                subparagraph (A)(ii) shall take effect not later than 
                180 days after, the date of receipt of a notice from 
                the Secretariat of the PIC Convention who--
                            ``(i) transmits import decisions of the 
                        parties to the PIC Convention; or
                            ``(ii) provides notice of the failure of 
                        the parties to provide import decisions.
                    ``(C) Treatment of conditions and restrictions.--A 
                condition or restriction identified by a notice 
                required under subparagraph (A) shall be considered to 
                be an export condition or restriction for the purpose 
                of subsection (c).
            ``(4) Notice of exemption.--The Administrator may issue a 
        notice exempting any chemical substance or mixture from the 
        requirements of subsections (c) through (e) and this subsection 
        if the Administrator determines, with the concurrence of the 
        Secretary of State, that the exemption would be consistent with 
        the PIC Convention.
            ``(5) Integration with other notices.--To the maximum 
        extent practicable, the Administrator shall integrate the 
        information contained in any notice issued under this 
        subsection into any notice published under--
                    ``(A) section 6(h); or
                    ``(B) section 17(g) of the Federal Insecticide, 
                Fungicide, and Rodenticide Act (7 U.S.C. 136o(g)).
    ``(g) Harmonization of POPs Convention and PIC Convention.--
            ``(1) In general.--If the export of a chemical substance or 
        mixture is addressed or restricted under both section 6(f) and 
        this section, both section 6(f) and this section shall apply to 
        the chemical substance or mixture.
            ``(2) Conflict.--In the case of a conflict between section 
        6(f) and this section with respect to a chemical substance or 
        mixture, the more stringent provision shall govern.
            ``(3) Application.--With respect to a chemical substance or 
        mixture, section 6(f) and this section shall be applied in such 
        a manner as to ensure that the United States is in compliance 
        with both the POPs Convention and the PIC Convention with 
        respect to the chemical substance or mixture.''.

SEC. 106. PROHIBITED ACTS.

    Section 15(1) of the Toxic Substances Control Act (15 U.S.C. 
2614(1)) is amended by striking ``or (D)'' and inserting ``(D) any 
requirement of section 12 or 13 (including regulations promulgated 
under either section), or (E)''.

             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 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) Designated National Authority.--The term `designated 
national authority' means the 1 or more authorities that a government 
designates in a notification to the Secretariat of the PIC Convention 
in accordance with the PIC Convention.
    ``(rr) Executive Body.--The term `Executive Body' means the 
Executive Body established by Article 10 of the LRTAP Convention.
    ``(ss) LRTAP Convention.--The term `LRTAP Convention' means the 
Convention on Long-Range Transboundary Air Pollution, done at Geneva on 
November 13, 1979 (TIAS 10541), to which the United States is a party.
    ``(tt) LRTAP POPs Pesticide.--The term `LRTAP POPs pesticide' means 
any pesticide or active ingredient--
            ``(1) used in producing a pesticide that is listed in Annex 
        I or II to the LRTAP POPs Protocol; and
            ``(2) with respect to which the listing has entered into 
        force with respect to the United States under paragraph 3 of 
        Article 14 of the LRTAP POPs Protocol.
    ``(uu) 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, to which the United States is a party.
    ``(vv) PIC Convention.--The term `PIC Convention' means 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, to which the United States is a 
party.
    ``(ww) POPs Convention.--The term `POPs Convention' means the 
Stockholm Convention on Persistent Organic Pollutants, done at 
Stockholm on May 22, 2001, to which the United States is a party.
    ``(xx) POPs Pesticide.--The term `POPs pesticide' means any 
pesticide or active ingredient used in producing a pesticide--
            ``(1) that is listed in Annex A or B to the POPs 
        Convention; and
            ``(2) with respect to which any applicable provision of the 
        POPs Convention has entered into force with respect to the 
        United States under paragraph 4 of Article 22 of the POPs 
        Convention.
    ``(yy) 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)(2) or (f)(2) 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 (including any 
                regulations promulgated under that section).''.

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--
            (1) in the first sentence--
                    (A) in paragraph (1), by striking ``and'' at the 
                end;
                    (B) in paragraph (2), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(3) if the export is in compliance with this section.''; 
        and
            (2) in the second sentence, by striking ``that statement'' 
        and inserting ``the statement required under paragraph (2)''.
    (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 or LRTAP POPs 
pesticide that is prohibited under subsection (e) or (f).''.
    (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 ``Administrator shall,'' and 
                inserting ``Administrator,'';
                    (B) by striking ``agency, participate'' and 
                inserting ``agency--
            ``(1) shall participate'';
                    (C) by striking the period at the end and inserting 
                ``; and''; and
                    (D) by adding at the end the following:
            ``(2) should pursue opportunities to participate in 
        technical cooperation and capacity building activities designed 
        to support implementation of--
                    ``(A) the LRTAP POPs Protocol;
                    ``(B) the PIC Convention; and
                    ``(C) the POPs Convention.'';
            (2) by redesignating subsection (e) as subsection (j); and
            (3) by inserting after subsection (d) the following:
    ``(e) POPs Convention.--
            ``(1) Prohibition on specified pops pesticides.--Subject to 
        paragraph (2), subsection (i), 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 any of the following POPs 
        pesticides:
                    ``(A) Aldrin.
                    ``(B) Chlordane.
                    ``(C) Dichlorodiphenyltrichloroethane (DDT).
                    ``(D) Dieldrin.
                    ``(E) Endrin.
                    ``(F) Heptachlor.
                    ``(G) Hexachlorobenzene.
                    ``(H) Mirex.
                    ``(I) Toxaphene.
            ``(2) Exemptions.--
                    ``(A) Unintentional trace contaminants.--To the 
                extent consistent with the POPs Convention, the 
                prohibitions specified in paragraph (1) shall not apply 
                to any quantity of a POPs pesticide that occurs as an 
                unintentional trace contaminant in a product or 
                article.
                    ``(B) Research.--To the extent consistent with the 
                POPs Convention, the prohibitions specified in 
                paragraph (1) shall not apply to any quantity of a POPs 
pesticide that is used for laboratory scale research or as a reference 
standard.
                    ``(C) Constituent of article in use before 
                prohibition applied.--To the extent consistent with the 
                POPs Convention, the prohibitions specified in 
                paragraph (1) 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 of the POPs Convention 
                        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.
                    ``(D) 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 paragraph (1) 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, to the extent that the 
                        POPs pesticide complies with an export 
                        condition described in clause (ii), (iii), or 
                        (iv). Any determination by the Administrator 
                        that an export condition described in clause 
                        (ii), (iii), or (iv) is not met shall be made 
                        in cooperation with the heads of other 
                        interested Federal agencies.
                            ``(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 that has provided 
                        a nonparty certification.--
                                    ``(I) In general.--An export 
                                condition referred to in clause (i) is 
                                that the POPs pesticide is exported, to 
                                an importing foreign state that is not 
                                a party to the POPs Convention with 
                                respect to the POPs pesticide, that has 
                                provided an annual certification.
                                    ``(II) Commitments by importing 
                                nonparty.--Consistent with paragraph 
                                (2)(b)(iii) of Article 3 of 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) Submission to secretariat 
                                of pops convention.--Not later than 60 
                                days after the date of receipt of a 
                                nonparty certification, the 
                                Administrator shall submit a copy of 
                                the nonparty certification to the 
                                Secretariat of the POPs Convention.
                    ``(E) 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 paragraph (1) 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.
                    ``(F) Imports for environmentally sound disposal.--
                To the extent consistent with the POPs Convention, the 
                prohibitions specified in paragraph (1) shall not apply 
                to any distribution of a POPs pesticide that is 
                imported for the purpose of environmentally sound 
                disposal in accordance with paragraph 1(d) of Article 6 
                of the POPs Convention.
                    ``(G) 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.
            ``(3) Certification statement accompanying pops 
        pesticides.--
                    ``(A) In general.--Each POPs pesticide that is sold 
                or distributed under subparagraph (B), (D), (E), or (F) 
of paragraph (2) 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 (B), (D), (E), or (F) of paragraph 
                        (2); and
                            ``(iii) such other information as the 
                        Administrator, after public notice and 
                        opportunity for comment, 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;
                            ``(ii) to ensure compliance with the POPs 
                        Convention; and
                            ``(iii) to harmonize the requirements of 
                        this paragraph with certification requirements 
                        under other provisions of this Act so as to 
                        avoid any requirement that multiple 
                        certification statements accompany any single 
                        POPs pesticide.
            ``(4) 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 may 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 correct or 
                                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 may 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) a determination 
                                        whether some or all of the uses 
                                        of the pesticide cause 
                                        unreasonable adverse effects on 
                                        the environment; 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 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.--
        Subject to paragraph (2), subsection (i), and the LRTAP POPs 
        Protocol, notwithstanding any other provision of law, a person 
        shall not sell, distribute, use, or produce any of the 
        following LRTAP POPs pesticides:
                    ``(A) Aldrin.
                    ``(B) Chlordane.
                    ``(C) Chlordecone.
                    ``(D) Dichlorodiphenyltrichloroethane (DDT).
                    ``(E) Dieldrin.
                    ``(F) Endrin.
                    ``(G) Heptachlor.
                    ``(H) Hexabromobiphenyl.
                    ``(I) Hexachlorobenzene.
                    ``(J) Hexachlorocyclohexane (HCH).
                    ``(K) Mirex.
                    ``(L) PCBs.
                    ``(M) Toxaphene.
            ``(2) Exemptions.--
                    ``(A) In general.--To the extent consistent with 
                the LRTAP POPs Protocol, the prohibitions specified in 
                paragraph (1) shall not apply to--
                            ``(i) any quantity of a LRTAP POPs 
                        pesticide that is used for laboratory scale 
                        research or as a reference standard;
                            ``(ii) any quantity of a LRTAP POPs 
                        pesticide that occurs as a contaminant in a 
                        product;
                            ``(iii) any quantity of a LRTAP POPs 
                        pesticide that is in an article manufactured or 
                        in use on or before the date of entry into 
                        force of the obligation of the LRTAP POPs 
                        Protocol applicable to the POPs pesticide; or
                            ``(iv) 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) Exemptions authorized by lrtap pops 
                protocol.--
                            ``(i) In general.--The Administrator, with 
                        the concurrence of the Secretary of State, on 
                        the Administrator's own motion or on petition 
                        of any person, may grant an exemption from a 
                        prohibition specified in paragraph (1) 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 of exemption.--The 
                        Administrator, with the concurrence of the 
                        Secretary of State, shall, if the exemption is 
                        authorized for the United States under, and is 
                        otherwise consistent with, the LRTAP POPs 
                        Protocol, grant an exemption under this 
                        subparagraph with such conditions or 
                        limitations as are necessary to meet any 
                        requirement of the LRTAP POPs Protocol or any 
other provision of law.
                            ``(iv) Provision of information to 
                        secretariat.--Notwithstanding any other 
                        provision of law, if the Administrator grants 
                        an exemption under this subparagraph, the 
                        Administrator, not later than 90 days after the 
                        date on which the exemption is granted, shall 
                        provide to the Secretariat of the LRTAP POPs 
                        Protocol the information specified in paragraph 
                        3 of Article 4 of the LRTAP POPs Protocol.
                            ``(v) Disallowance of exemption by lrtap 
                        pops protocol.--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 exemption.
                    ``(C) No effect on other prohibitions.--Nothing in 
                this paragraph authorizes any sale, distribution, use, 
                or production of any LRTAP POPs pesticide that is 
                prohibited under any other provision of law.
            ``(3) Certification statement accompanying lrtap pops 
        pesticides.--
                    ``(A) In general.--Each LRTAP POPs pesticide that 
                is sold or distributed under subparagraph (A)(i) or (B) 
                of paragraph (2) 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) or (B) of paragraph (2); 
                        and
                            ``(iii) such other information as the 
                        Administrator, after public notice and 
                        opportunity for comment, 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;
                            ``(ii) to ensure compliance with the LRTAP 
                        POPs Protocol; and
                            ``(iii) to harmonize the requirements of 
                        this paragraph with certification requirements 
                        under other provisions of this Act so as to 
                        avoid any requirement that multiple 
                        certification statements accompany any single 
                        POPs pesticide.
            ``(4) 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 may 
                        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 correct 
                                or 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 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, in cooperation with 
        the Secretary of State--
                    ``(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), including any 
                        disallowances of exemptions; and
                            ``(III) a list of importing foreign states 
                        from which the Administrator has received a 
                        nonparty certification under subsection 
                        (e)(2)(D)(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)(2)(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.
    ``(h) PIC Convention.--
            ``(1) Requirements for exports.--
                    ``(A) Compliance and certification.--
                            ``(i) In general.--In the case of a 
                        pesticide or active ingredient used in 
                        producing a pesticide identified by the 
                        Administrator in a notice issued under 
                        paragraph (2)(C), any person that distributes 
                        or sells the pesticide or active ingredient for 
                        export shall--
                                    ``(I) comply with any export 
                                conditions or restrictions identified 
                                by the Administrator in the notice; and
                                    ``(II) certify that the pesticide 
                                or active ingredient complies with the 
                                conditions or restrictions.
                            ``(ii) Certification statement.--
                                    ``(I) In general.--The 
                                certification statement for a pesticide 
                                or active ingredient described in 
                                clause (i)(II) shall include--
                                            ``(aa) an identification of 
                                        the pesticide or active 
                                        ingredient;
                                            ``(bb) an identification of 
                                        the foreign state to which the 
                                        pesticide or active ingredient 
                                        is intended for export;
                                            ``(cc) the export 
                                        conditions or restrictions 
                                        identified by the Administrator 
                                        in the notice issued under 
                                        paragraph (2)(C) with respect 
                                        to the pesticide or active 
                                        ingredient;
                                            ``(dd) a description of the 
                                        manner in which those 
                                        conditions or restrictions will 
                                        be complied with; and
                                            ``(ee) any other 
                                        information that the 
                                        Administrator determines to be 
                                        necessary for effective 
                                        enforcement of the export 
                                        conditions or restrictions 
                                        applicable to the pesticide or 
                                        active ingredient.
                                    ``(II) Shipping.--The certification 
                                statement for a pesticide or active 
                                ingredient described in subclause (I) 
                                shall be included among the shipping 
                                documents for, and shall accompany, the 
                                pesticide or active ingredient.
                                    ``(III) Maintenance of 
                                certification statement.--A person that 
                                is required to prepare a certification 
                                statement under clause (i)(II) 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.
                                    ``(IV) Regulations.--The 
                                Administrator may promulgate such 
                                regulations as the Administrator 
                                determines to be necessary--
                                            ``(aa) to facilitate 
                                        implementation of this 
                                        subparagraph;
                                            ``(bb) to ensure compliance 
                                        with the PIC Convention; and
                                            ``(cc) to harmonize the 
                                        certification requirement of 
                                        this subparagraph with 
                                        certification requirements 
                                        under other provisions of this 
                                        Act so as to avoid any 
                                        requirement that multiple 
                                        certification statements 
                                        accompany any single pesticide 
                                        or active ingredient.
                    ``(B) Banned and restricted pesticides and active 
                ingredients.--
                            ``(i) In general.--
                                    ``(I) Requirement.--Except as 
                                provided in clause (ii), in the case of 
                                a pesticide or active ingredient used 
                                in producing a pesticide that the 
                                Administrator determines to be banned 
                                or severely restricted under paragraph 
                                (2)(A), the exporter of the pesticide 
                                or active ingredient shall provide to 
                                the Administrator notice of the intent 
                                of the exporter to export the pesticide 
                                or active ingredient.
                                    ``(II) Timing of notice.--
                                            ``(aa) First export.--In 
                                        the case of a first export from 
                                        the territory of the United 
                                        States to each importing 
                                        foreign state that occurs after 
                                        the Administrator issues a 
                                        notice under paragraph (2)(A), 
                                        the notice shall be received 
                                        not earlier than 30 days but 
                                        not later than 15 days before 
                                        the date of export.
                                            ``(bb) Subsequent 
                                        exports.--In the case of 
                                        subsequent exports to the 
                                        foreign state, the notice shall 
                                        be received not earlier than 30 
                                        days but not later than 15 days 
                                        before the date of the first 
                                        export in each calendar year.
                            ``(ii) Later notices.--Notwithstanding 
                        clause (i), the Administrator may permit 
                        notices of intent to export to be received less 
                        than 15 days before the date of a first export 
                        described in clause (i)(I), or less than 15 
                        days before the date of a first export in each 
                        calendar year described in clause (i)(II), if 
                        the Administrator determines, based on the 
                        Administrator's experience with the 
                        notification program under this subparagraph, 
                        that the notice activities under this 
                        subparagraph may be administered in accordance 
                        with the PIC Convention despite such a 
                        shortened notice period.
                            ``(iii) Inclusions.--A notice of intent to 
                        export submitted to the Administrator under 
                        clause (i) shall include--
                                    ``(I) the name and address of the 
                                exporter;
                                    ``(II) the name and address of the 
                                appropriate designated national 
                                authority of the United States;
                                    ``(III) the name and address of the 
                                appropriate designated national 
                                authority of the importing foreign 
                                state, if available;
                                    ``(IV) the name and address of the 
                                importer;
                                    ``(V) the name of the pesticide or 
                                active ingredient used in producing a 
                                pesticide for which the notice is 
                                required;
                                    ``(VI) the expected date of export;
                                    ``(VII) the foreseen uses of the 
                                pesticide or active ingredient used in 
                                producing a pesticide, if known, in the 
                                importing foreign state;
                                    ``(VIII) any information on 
                                precautionary measures to reduce 
                                exposure to, and emission of, the 
                                pesticide or active ingredient used in 
                                producing a pesticide;
                                    ``(IX) the concentration of the 
                                pesticide or active ingredient used in 
                                producing a pesticide; and
                                    ``(X) any other information 
                                specified in Annex V to the PIC 
                                Convention.
                    ``(C) Labeling requirements.--
                            ``(i) In general.--In the case of any 
                        pesticide or active ingredient used in 
                        producing a pesticide that is the subject of a 
                        notice issued under subparagraph (A) or (C) of 
                        paragraph (2) and that is distributed or sold 
                        for export, the pesticide or active ingredient 
                        shall, in accordance with the PIC Convention--
                                    ``(I) bear labeling information 
                                relating to any significant risks or 
                                hazards to human health or the 
                                environment; and
                                    ``(II) be accompanied by shipping 
                                documents that include any relevant 
                                safety data sheets on the pesticide or 
                                active ingredient.
                            ``(ii) Custom codes.--A pesticide or active 
                        ingredient used in producing a pesticide that 
                        is the subject of a notice issued under 
                        paragraph (2)(C) and that is distributed or 
                        sold for export shall be accompanied by 
                        shipping documents that bear, at a minimum, any 
                        appropriate harmonized system customs codes 
                        assigned by the World Customs Organization.
            ``(2) Notice requirements and exemptions.--
                    ``(A) Determination whether pesticide is banned or 
                severely restricted.--
                            ``(i) In general.--The Administrator, with 
                        the concurrence of the Secretary of State, 
                        shall determine whether a pesticide or active 
                        ingredient used in producing a pesticide is 
                        banned or severely restricted within the United 
                        States (as those terms are defined by the PIC 
                        Convention).
                            ``(ii) Notice of determinations.--
                        Notwithstanding any other provision of law, the 
                        Administrator shall issue to the Secretariat of 
                        the PIC Convention and the public a notice of 
                        each determination under clause (i) that 
                        includes--
                                    ``(I) in the case of a notice to 
                                the Secretariat of the PIC Convention, 
                                the information specified in Annex I to 
                                the PIC Convention; and
                                    ``(II) in the case of a notice to 
                                the public, at a minimum, a summary of 
                                that information.
                    ``(B) Notice to foreign countries.--
                            ``(i) In general.--Notwithstanding any 
                        other provision of law, on receipt of a notice 
                        of intent to export under paragraph (1)(B), the 
                        Administrator shall provide a copy of the 
                        notice to the designated national authority of 
                        the importing foreign state.
                            ``(ii) Nonidentified designated national 
                        authority.--In a case in which a designated 
                        national authority has not been identified, the 
                        Administrator shall provide the notice of 
                        intent to export to any other appropriate 
                        official of the importing foreign state, as 
                        identified by the Administrator.
                    ``(C) Notice to public.--
                            ``(i) In general.--The Administrator, with 
                        the concurrence of the Secretary of State, 
                        shall issue a notice to inform the public of--
                                    ``(I) any pesticide or active 
                                ingredient used in producing a 
                                pesticide that is listed on Annex III 
                                to the PIC Convention; and
                                    ``(II) any condition or restriction 
                                of an importing foreign state that is 
                                applicable to the import, in accordance 
                                with the PIC Convention, of the 
                                pesticide or active ingredient.
                            ``(ii) Timing.--A notice required under 
                        clause (i) shall be issued not later than 90 
                        days after, and any conditions or restrictions 
                        described in clause (i)(II) shall take effect 
                        not later than 180 days after, the date of 
                        receipt of a notice from the Secretariat of the 
                        PIC Convention who--
                                    ``(I) transmits import decisions of 
                                the parties to the PIC Convention; or
                                    ``(II) provides notice of the 
                                failure of the parties to provide 
                                import decisions.
                            ``(iii) Treatment of conditions and 
                        restrictions.--A condition or restriction 
                        identified by a notice required under clause 
                        (i) shall be considered to be an export 
                        condition or restriction for the purpose of 
                        paragraph (1)(A).
                    ``(D) Notice of exemption.--The Administrator may 
                issue a notice exempting any pesticide or active 
                ingredient used in producing a pesticide from the 
                requirements of paragraph (1) or this paragraph if the 
                Administrator determines, with the concurrence of the 
                Secretary of State, that the exemption would be 
                consistent with the PIC Convention.
                    ``(E) Integration with other notices.--To the 
                maximum extent practicable, the Administrator shall 
                integrate the information contained in any notice 
                issued under this paragraph into any notice published 
                under--
                            ``(i) subsection (g); or
                            ``(ii) section 6(h) of the Toxic Substances 
                        Control Act (15 U.S.C. 2605(h)).
    ``(i) Harmonization.--
            ``(1) POPs convention and lrtap pops protocol.--
                    ``(A) In general.--If a pesticide is both a POPs 
                pesticide and a LRTAP POPs pesticide, both subsection 
                (e) and subsection (f) shall apply to the pesticide.
                    ``(B) Conflict.--In the case of a conflict between 
                subsection (e) and subsection (f) with respect to a 
                pesticide or active ingredient used in producing a 
                pesticide, the more stringent provision shall govern.
                    ``(C) Application.--With respect to a pesticide, 
                subsections (e) and (f) shall be applied in such a 
                manner as to ensure that the United States is in 
                compliance with both the POPs Convention and the LRTAP 
                POPs Protocol with respect to the pesticide.
            ``(2) POPs convention and pic convention.--
                    ``(A) In general.--If distribution or sale for 
                export of a pesticide or active ingredient used in 
                producing a pesticide is addressed or restricted under 
                both subsection (e) and subsection (h), both of those 
                subsections shall apply to the pesticide or active 
                ingredient.
                    ``(B) Conflict.--In the case of a conflict between 
                subsection (e) and subsection (h) with respect to a 
                pesticide or active ingredient used in producing a 
                pesticide, the more stringent provision shall govern.
                    ``(C) Application.--With respect to a pesticide, 
                subsections (e) and (h) shall be applied in such a 
                manner as to ensure that the United States is in 
                compliance with the POPs Convention and the PIC 
                Convention with respect to the pesticide.''.

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, by adding at the 
        end the following:

        ``(pp) Conference.
        ``(qq) Designated national authority.
        ``(rr) Executive Body.
        ``(ss) LRTAP Convention.
        ``(tt) LRTAP POPs pesticide.
        ``(uu) LRTAP POPs Protocol.
        ``(vv) PIC Convention.
        ``(ww) POPs Convention.
        ``(xx) POPs pesticide.
        ``(yy) 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
            (2) 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) Exemptions.
            ``(3) Certification statement accompanying POPs 
            pesticides.
            ``(4) Submission of information.
        ``(f) LRTAP POPs Protocol.
            ``(1) Prohibition on specified LRTAP POPs 
            pesticides.
            ``(2) Exemptions.
            ``(3) Certification statement accompanying 
            LRTAP POPs pesticides.
            ``(4) Submission of information.
        ``(g) Notice and record of prohibitions, 
            exemptions, disallowances, and other 
            information.
            ``(1) In general.
            ``(2) Integration with TSCA information.
        ``(h) PIC Convention.
            ``(1) Requirements for exports.
            ``(2) Notice requirements and exemptions.
        ``(i) Harmonization.
            ``(1) POPs Convention and LRTAP POPs Protocol.
            ``(2) POPs Convention and PIC Convention.
        ``(j) Regulations.''.
                                 <all>