[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3849 Reported in House (RH)]







                                                 Union Calendar No. 399
109th CONGRESS
  2d Session
                                H. R. 3849

                          [Report No. 109-668]

  To amend the Federal Insecticide, Fungicide, and Rodenticide Act to 
implement pesticide-related obligations of the United States under the 
international conventions or protocols known as the PIC Convention, the 
             POPs Convention, and the LRTAP POPs Protocol.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 21, 2005

 Mr. Lucas (for himself, Mr. Goodlatte, Mr. Peterson of Minnesota, and 
 Mr. Holden) introduced the following bill; which was referred to the 
                        Committee on Agriculture

                           September 19, 2006

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed

_______________________________________________________________________

                                 A BILL


 
  To amend the Federal Insecticide, Fungicide, and Rodenticide Act to 
implement pesticide-related obligations of the United States under the 
international conventions or protocols known as the PIC Convention, the 
             POPs Convention, and the LRTAP POPs Protocol.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``PIC and POPs Conventions and the 
LRTAP POPs Protocol Implementation Act''.

SEC. 2. DEFINITIONS.

    Section 2 of the Federal Insecticide, Fungicide, and Rodenticide 
Act (7 U.S.C. 136 et seq.) 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) Conference Listing Decision.--The term `Conference Listing 
Decision' means a decision by the Conference to approve an amendment to 
list a pesticide in Annex A or Annex B to the POPs Convention.
    ``(rr) Designated National Authority.--The term `designated 
national authority' means the authority or authorities that a 
government has designated in a notification to the PIC Convention 
Secretariat in accordance with Article 4 of the PIC Convention.
    ``(ss) Executive Body.--The term `Executive Body' means the 
Executive Body established by Article 10 of the 1979 Convention on 
Long-Range Transboundary Air Pollution.
    ``(tt) Executive Body Decision 1998/2.--The term `Executive Body 
Decision 1998/2' means the decision of the Executive Body titled 
`Executive Body Decision 1998/2 on Information to Be Submitted and the 
Procedure for Adding Substances to Annexes I, II, or III to the 
Protocol on Persistent Organic Pollutants' and any other Executive Body 
decision done pursuant to Article 14 of the LRTAP POPs Protocol.
    ``(uu) HCH.--The term `HCH' means hexachlorocyclohexane.
    ``(vv) LRTAP POPs Pesticide.--The term `LRTAP POPs pesticide' 
means--
            ``(1) aldrin;
            ``(2) chlordane;
            ``(3) chlordecone;
            ``(4) dichlorodiphenyltrichloroethane (DDT);
            ``(5) dieldrin;
            ``(6) endrin;
            ``(7) HCH;
            ``(8) heptachlor;
            ``(9) hexachlorobenzene;
            ``(10) hexabromobiphenyl;
            ``(11) mirex;
            ``(12) PCBs;
            ``(13) toxaphene; and
            ``(14) any other pesticide--
                    ``(A) that is listed on Annex I or Annex II of the 
                LRTAP POPs Protocol;
                    ``(B) that has no existing United States 
                registrations that would prevent the United States from 
                complying with its obligations under the LRTAP POPs 
                Protocol if the United States were to become a party to 
                the LRTAP POPs Protocol for that pesticide; and
                    ``(C) for which an amendment listing it on Annex I 
                or Annex II of the LRTAP POPs Protocol has entered into 
                force for the United States.
    ``(ww) LRTAP POPs Protocol.--The term `LRTAP POPs Protocol' means 
the Protocol on Persistent Organic Pollutants to the 1979 Convention on 
Long-Range Transboundary Air Pollution done at Aarhus on June 24, 1998, 
if the United States is a party and any subsequent amendment to which 
the United States is a party.
    ``(xx) PCB.--The term `PCB' means a polychlorinated biphenyl.
    ``(yy) 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, if the United States is a party and 
any subsequent amendment to which the United States is a party.
    ``(zz) POPs Convention.--The term `POPs Convention' means the 
Stockholm Convention on Persistent Organic Pollutants done at Stockholm 
on May 22, 2001, if the United States is a party and any subsequent 
amendment to which the United States is a party.
    ``(aaa) POPs Pesticide.--The term `POPS pesticide' means--
            ``(1) aldrin;
            ``(2) chlordane;
            ``(3) dichlorodiphenyltrichloroethane (DDT);
            ``(4) dieldrin;
            ``(5) endrin;
            ``(6) heptachlor;
            ``(7) hexachlorobenzene;
            ``(8) mirex;
            ``(9) PCBs;
            ``(10) toxaphene; and
            ``(11) any other pesticide--
                    ``(A) that is listed on Annex A or Annex B of the 
                POPs Convention;
                    ``(B) that has no existing United States 
                registrations that would prevent the United States from 
                complying with its obligations under the POPs 
                Convention if the United States were to become a party 
                to the POPs Convention for that pesticide; and
                    ``(C) for which an amendment listing it on Annex A 
                or Annex B of the POPs Convention has entered into 
                force for the United States.
    ``(bbb) 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. 3. POPS CONVENTION, LRTAP POPS PROTOCOL, AND PIC CONVENTION.

    Section 17 of the Federal Insecticide, Fungicide, and Rodenticide 
Act (7 U.S.C. 136o) is amended--
            (1) in the heading for the section, by striking ``imports 
        and exports.'' and inserting ``imports, exports, and 
        international conventions.'';
            (2) in subsection (a)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``this Act--'' and inserting ``this Act, if--
                '';
                    (B) in paragraph (1)--
                            (i) by striking ``when'' and inserting 
                        ``the pesticide or device or active ingredient 
                        used in producing a pesticide is''; and
                            (ii) by striking ``and'' after the 
                        semicolon; and
                    (C) by striking paragraph (2) and all that follows 
                and inserting the following:
            ``(2) in the case of any pesticide other than a pesticide 
        registered under section 3 or sold under section 6(a)(1), the 
        foreign purchaser has, prior to export, signed a statement 
        acknowledging that the purchaser understands that the pesticide 
        is not registered for use in the United States and cannot be 
        sold in the United States under this Act; and
            ``(3) such export is in compliance with all of the 
        applicable provisions of this section.
A copy of the statement under paragraph (2) shall be transmitted to an 
appropriate official of the government of the importing country.'';
            (3) in subsection (c), by adding at the end the following: 
        ``Nothing in this subsection shall permit the import of any 
        POPS pesticide or LRTAP POPS pesticide that otherwise is 
        prohibited under subsection (e) of this section.''; and
            (4) by striking subsections (d) and (e) and inserting the 
        following:
    ``(d) Cooperation in International Efforts Generally.--The 
Administrator shall participate and cooperate in any international 
efforts to develop improved pesticide research and regulations.
    ``(e) Pops Convention, LRTAP Pops Protocol, and PIC Convention.--
            ``(1) In general.--The Administrator shall participate in 
        technical cooperation and capacity building activities designed 
        to support implementation of the POPs Convention, the LRTAP 
        POPs Protocol, and the PIC Convention.
            ``(2) Prohibitions.--No person may sell, distribute, use, 
        produce, or dispose of a POPS pesticide or LRTAP POPS pesticide 
        in a manner inconsistent with obligations of the United States 
        under the POPs Convention or LRTAP POPs Protocol.
            ``(3) Notice and report after decision that screening 
        criteria are met under the pops convention or after risk 
        profile submitted under the lrtap pops protocol.--
                    ``(A) Applicability.--This paragraph applies if--
                            ``(i) the POPs Review Committee or 
                        Conference decides--
                                    ``(I) under paragraph 4(a) of 
                                Article 8 of the POPs Convention, that 
                                a proposal for listing a pesticide in 
                                Annex A, B, or C to the POPs Convention 
                                fulfills the screening criteria 
                                specified in Annex D to the POPs 
                                Convention; or
                                    ``(II) under paragraph 5 of Article 
                                8 of the POPs Convention, that such a 
                                proposal shall proceed; or
                            ``(ii) a party to the LRTAP POPs Protocol 
                        submits to the Executive Body a risk profile in 
                        support of a proposal to list a pesticide in 
                        Annex I, II, or III to the LRTAP POPs Protocol.
                    ``(B) Notice.--After the date of the POPs Review 
                Committee or Conference decision on a proposal or the 
                submission of a risk profile in support of a proposal 
                under the LRTAP POPs Protocol described in clauses (i) 
                or (ii) of subparagraph (A), respectively, the 
                Administrator may--
                            ``(i) publish in the Federal Register a 
                        notice of the proposal; and
                            ``(ii) provide opportunity for comment on 
                        the proposal.
                    ``(C) Required elements of notice.--A notice under 
                subparagraph (B) shall--
                            ``(i) identify the pesticide that is the 
                        subject of the proposal;
                            ``(ii) include a summary of the process 
                        under the POPs Convention or the LRTAP POPs 
                        Protocol for the submission of a proposal and 
                        listing of a pesticide that is the subject of a 
                        proposal (including criteria applied in that 
                        process);
                            ``(iii) include a summary of the POPs 
                        Review Committee or Conference decision and the 
                        basis for the decision or a summary of the risk 
                        profile that a party to the LRTAP POPs Protocol 
                        submitted to the Executive Body;
                            ``(iv) request information relevant to and 
                        comment on--
                                    ``(I) in the case of a pesticide 
                                proposed for listing in an Annex to the 
                                POPs Convention, the information 
                                requirements and screening criteria 
                                elements covered under Annex D to the 
                                POPs Convention; or
                                    ``(II) in the case of a pesticide 
                                proposed for listing in an Annex to the 
                                LRTAP POPs Protocol, the information 
                                referenced in paragraph 6(a) of Article 
                                14 of the LRTAP POPs Protocol;
                            ``(v) request information set forth in 
                        subparagraph (D);
                            ``(vi) include any other information that 
                        the Administrator considers to be relevant to 
                        the proposal;
                            ``(vii) request information and comment on 
                        information relevant to the risk profile of the 
                        POPs Review Committee covered under Annex E to 
                        the POPs Convention and on information relevant 
                        to any technical review conducted under 
                        paragraph 2 of Executive Body Decision 1998/2; 
                        and
                            ``(viii) include a statement that any 
                        information submitted may be part of the record 
                        of any cancellation proceeding related to the 
                        pesticide that the Administrator may undertake 
                        under section 6.
                    ``(D) Provision of information.--
                            ``(i) Provision of information under pops 
                        convention.--Within 60 days after the date of 
                        publication of the notice under subparagraph 
                        (B) regarding a proposal to list a pesticide on 
                        an Annex to the POPs Convention, or within a 
                        later date as determined by the Administrator, 
                        any interested person may provide to the 
                        Administrator information or comment on--
                                    ``(I) the annual quantity of the 
                                pesticide manufactured and the 
                                locations of the manufacture;
                                    ``(II) the uses of the pesticide;
                                    ``(III) the approximate annual 
                                quantity of the pesticide that is 
                                released into the environment; and
                                    ``(IV) other information or 
                                monitoring data relating to the 
                                pesticide 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.
                            ``(ii) Provision of information under lrtap 
                        pops protocol.--Within 60 days after the date 
                        of publication of the notice under subparagraph 
                        (B) regarding a proposal to list a pesticide on 
                        an Annex of the LRTAP POPs Protocol, or within 
                        a later date as determined by the 
                        Administrator, any interested person may 
                        provide to the Administrator information on--
                                    ``(I) the potential for long-range 
                                transboundary atmospheric transport of 
                                the pesticide;
                                    ``(II) the toxicity of the 
                                pesticide;
                                    ``(III) the persistence of the 
                                pesticide, including biotic degradation 
                                process and rates of degradation 
                                products;
                                    ``(IV) the bioaccumulation of the 
                                pesticide, including bioavailability;
                                    ``(V) the annual quantity of the 
                                pesticide manufactured and the 
                                locations of the manufacture;
                                    ``(VI) the uses of the pesticide;
                                    ``(VII) the approximate annual 
                                quantity of the pesticide released into 
                                the environment;
                                    ``(VIII) environmental monitoring 
                                data relating to the pesticide (in 
                                areas distant from sources);
                                    ``(IX) information on--
                                            ``(aa) alternatives to the 
                                        uses of the pesticide and the 
                                        efficacy of each alternative; 
                                        and
                                            ``(bb) known adverse 
                                        environmental or human health 
                                        effects associated with each 
                                        alternative;
                                    ``(X) information on--
                                            ``(aa) process changes, 
                                        control technologies, operating 
                                        practices, and other pollution 
                                        prevention techniques that can 
                                        be used to reduce the emissions 
                                        of the pesticide; and
                                            ``(bb) the applicability 
                                        and effectiveness of each 
                                        technique describe in item 
                                        (aa); and
                                    ``(XI) information on nonmonetary 
                                costs and benefits and the quantifiable 
                                costs and benefits associated with the 
                                use of each alternative described in 
                                subclause (IX) or technique described 
                                in subclause (X)(aa).
                    ``(E) Report by administrator.--Based upon 
                information received under this paragraph and any other 
                relevant information available to the Administrator, 
                the Administrator, not later than 240 days after the 
                date of publication of a notice under subparagraph (B), 
                after consulting with the Secretary of Agriculture or, 
                for public health pesticides, with the Secretary of 
                Health and Human Services, shall issue for public 
                comment and peer review a report that contains, at a 
                minimum--
                            ``(i) information on the production and 
                        uses in the United States of the pesticide; and
                            ``(ii) a review of the benefits and risks 
                        in the United States and internationally 
                        associated with the production and uses in the 
                        United States and internationally of the 
                        pesticide.
            ``(4) Notice and report after decision that global action 
        is warranted under the pops convention or that further 
        consideration of the pesticide is warranted under the lrtap 
        pops protocol.--
                    ``(A) Applicability.--This paragraph applies if--
                            ``(i) the POPs Review Committee decides, 
                        under paragraph 7(a) of Article 8 of the POPs 
                        Convention, that global action is warranted 
                        with respect to the pesticide that is the 
                        subject of the proposal, or the Conference 
                        decides under paragraph 8 of that Article that 
                        the proposal shall proceed; or
                            ``(ii) the Executive Body determines 
                        pursuant to paragraph 2 of Executive Body 
                        Decision 1998/2 that further consideration of 
                        the pesticide is warranted and therefore 
                        requires 1 or more technical reviews of the 
                        proposal.
                    ``(B) Notice.--After the date of the decision or 
                determination under subparagraph (A), the Administrator 
                may--
                            ``(i) publish in the Federal Register a 
                        notice of the decision or determination; and
                            ``(ii) provide an opportunity for comment 
                        on the decision or determination.
                    ``(C) Required elements of notice.--A notice under 
                subparagraph (B) shall--
                            ``(i) identify the pesticide that is the 
                        subject of the proposal;
                            ``(ii) include a summary of the POPs Review 
                        Committee or Conference decision and the basis 
                        for the decision or the Executive Body 
                        determination and the basis for the 
                        determination;
                            ``(iii) for a pesticide proposed for 
                        addition to an Annex of the POPs Convention, 
                        request information and comment on 
                        socioeconomic considerations covered under 
                        Annex F of the POPs Convention, including on 
                        the technical feasibility and costs and 
                        benefits of the range of possible prohibitions 
                        outlined pursuant to clause (vii);
                            ``(iv) for a pesticide proposed for listing 
                        on an Annex to the LRTAP POPs Protocol, request 
                        information and comment on--
                                    ``(I) any additional measures not 
                                outlined in the notice published 
                                pursuant to clause (vii) that may exist 
                                to reduce the risks of adverse health 
                                effects on human health or the 
                                environment that result from its long-
                                range transboundary atmospheric 
                                transport;
                                    ``(II) whether any of the 
                                additional measures or the measures 
                                outlined in the notice published 
                                pursuant to subparagraph (vii) are 
                                technically feasible; and
                                    ``(III) the associated costs and 
                                benefits of the additional measures and 
                                the measures outlined in the notice 
                                published pursuant to subparagraph 
                                (vii);
                            ``(v) request information on any current or 
                        anticipated production or use of the pesticide 
                        that is the subject of the proposal for which 
                        the United States may wish to seek an exemption 
                        or acceptable purpose under the POPs Convention 
                        or allowed restricted use or condition under 
                        the LRTAP POPs Protocol;
                            ``(vi) request information set forth under 
                        subparagraph (D);
                            ``(vii) outline a broad range of possible 
                        actions that the United States might take to 
                        address any risks that the pesticide may pose;
                            ``(viii) specify whether there have been 
                        any changes to registrations of or tolerances 
                        for the pesticide since the date of publication 
                        of the notice under paragraph (3); and
                            ``(ix) include a statement that any 
                        information submitted may be part of the record 
                        of any cancellation proceeding related to the 
                        pesticide that the Administrator may undertake 
                        under section 6.
                    ``(D) Provision of information.--Within 60 days 
                after the date of publication of the notice under 
                subparagraph (B), or within a later date as determined 
                by the Administrator, any interested person may provide 
                to the Administrator--
                            ``(i) consistent with the information needs 
                        described in Annex F to the POPs Convention, 
                        any information relevant to--
                                    ``(I) a risk management evaluation 
                                carried out under paragraph 7 of 
                                Article 8 of the POPs Convention; or
                                    ``(II) a decision by the Conference 
                                under paragraph 9 of Article 8 of the 
                                POPs Convention;
                            ``(ii) consistent with the information 
                        needs for the technical review described in 
                        paragraph 2 of Executive Body Decision 1998/2, 
                        any information relevant to such technical 
                        review or to an Executive Body decision made 
                        under paragraph 3 of Article 14 of the LRTAP 
                        POPs Protocol;
                            ``(iii) any information relevant to an 
                        action under this subsection; and
                            ``(iv) information on any article in use 
                        that consists of, contains, or is contaminated 
                        with the pesticide.
                    ``(E) Report by administrator.--Based upon 
                information received under this paragraph and any other 
                information available to the Administrator, the 
                Administrator, not later than 240 days after the date 
                of publication of the notice under subparagraph (B), 
                after consulting with the Secretary of Agriculture or, 
                for public health pesticides, with the Secretary of 
                Health and Human Services, shall issue a report for 
                public comment and peer review that contains, at a 
                minimum, information relating to the costs and benefits 
                of the prohibitions or restrictions outlined in 
                response to paragraph (4)(C)(vii) that could be placed 
                on the sale, distribution, production, use, or disposal 
                of the pesticide (including the possible consequences 
                of using alternative products or processes).
            ``(5) Notice after recommendation that conference consider 
        listing or after completion of a technical review.--
                    ``(A) In general.--If the POPs Review Committee 
                recommends, under paragraph 9 of Article 8 of the POPs 
                Convention, that the Conference consider making a 
                Conference listing decision with respect to the 
                pesticide in accordance with the proposal, or after 
                completion of a technical review of a proposal to list 
                a pesticide on an Annex to the LRTAP POPs Protocol, the 
                Administrator may--
                            ``(i) publish in the Federal Register a 
                        notice of the recommendation or completion of 
                        the technical review; and
                            ``(ii) provide opportunity for comment on 
                        the recommendation or the technical review.
                    ``(B) Required elements.--A notice under 
                subparagraph (A) shall--
                            ``(i) include a summary of the POPs Review 
                        Committee recommendation and the basis for the 
                        recommendation or a summary of the technical 
                        review;
                            ``(ii) summarize any control measures for 
                        the pesticide that are identified by the POPs 
                        Review Committee or in the technical review; 
                        and
                            ``(iii) include a statement that any 
                        information submitted may be part of the record 
                        of any cancellation proceeding related to the 
                        pesticide that the Administrator may undertake 
                        under section 6.
            ``(6) Provision of information to the public.--Not later 
        than March 1st of each calendar year (and September 1st of each 
        calendar year unless nothing has changed from the March 1st 
        notice or the Administrator has notified the public in other 
        Federal Register notices of the changes), the Administrator 
        shall publish a notice in the Federal Register that--
                    ``(A) identifies any pesticide that is the subject 
                of a listing proposal under Article 8 of the POPs 
                Convention or Article 14 of the LRTAP POPs Protocol and 
                describes, as of December 31st of the previous calendar 
                year (or June 31st of the current calendar year for 
                notices published on September 1st), the exact status 
                of the proposal in the relevant listing process, 
                including--
                            ``(i) whether the POPs Review Committee or 
                        Conference has decided that, under Article 8, 
                        paragraphs 4 or 5 of the POPs Convention, the 
                        proposal to list the pesticide shall proceed to 
                        preparation of a risk profile of the pesticide;
                            ``(ii) whether the POPs Review Committee 
                        has completed a risk profile;
                            ``(iii) whether the POPs Review Committee 
                        or Conference has decided that, under Article 
                        8, paragraph 7(a) or paragraph 8 of the POPs 
                        Convention, the proposal to list the pesticide 
                        shall proceed to preparation of a risk 
                        management evaluation of the pesticide that 
                        includes analyses of possible control measures 
                        for the pesticide;
                            ``(iv) whether the POPs Review Committee 
                        has completed the risk management evaluation;
                            ``(v) whether the POPs Review Committee has 
                        made a listing recommendation to the Conference 
                        regarding the pesticide and a general 
                        description of the recommendation;
                            ``(vi) whether the Executive Body has 
                        determined that a technical review of the 
                        proposal to list a pesticide on Annex I or II 
                        of the LRTAP POPs Protocol is warranted;
                            ``(vii) whether a technical review of a 
                        proposal to list a pesticide on Annex I or II 
                        of the LRTAP POPs Protocol has been completed; 
                        and
                            ``(viii) whether any task force, working 
                        group, or other body that is subsidiary to the 
                        Executive Body has made a recommendation 
                        regarding the listing of the pesticide on Annex 
                        I or II of the LRTAP POPs Protocol and a 
                        description of the recommendation;
                    ``(B) identifies any pesticide that the Conference 
                or Executive Body has added to Annex A or B of the POPs 
                Convention or Annex I or II of the LRTAP POPs Protocol 
                since the last notice the Administrator published under 
                this paragraph and provides a general description of 
                the control measures related to the pesticide; and
                    ``(C) describes generally any regulatory action 
                that the Administrator has taken, is taking, or has 
                listed as under development or review in the Unified 
                Regulatory Agenda (as required by section 602 of title 
                5, United States Code) related to any pesticide that 
                the Conference or Executive Body added to Annex A or B 
                of the POPs Convention or Annex I or II of the LRTAP 
                POPs Protocol since the last notice the Administrator 
                published under this paragraph.
        The Administrator shall consider any comments that the 
        Administrator receives on the notices that the Administrator 
        publishes under this paragraph.
            ``(7) Consideration of information in cancellation of 
        registration or prohibition of production for export or export 
        of pesticides.--In a cancellation proceeding under section 6 
        for a pesticide listed on Annex A or Annex B of the POPs 
        Convention or Annex I or Annex II of the LRTAP POPs Protocol, 
        the Administrator may consider--
                    ``(A) the record compiled under paragraphs (3), 
                (4), and (5) of this subsection;
                    ``(B) domestic sale, distribution, production, 
                export, and use of the pesticide;
                    ``(C) national and international consequences that 
                are likely to arise as a result of domestic regulatory 
                actions (including the possible consequences of using 
                alternative products or processes);
                    ``(D) for pesticides listed on Annex A or Annex B 
                of the POPs Convention--
                            ``(i) the POPs Review Committee 
                        recommendation under paragraph 9 of Article 8 
                        of the POPS Convention;
                            ``(ii) the Conference listing decision;
                            ``(iii) information that the United States 
                        submits to the POPs Review Committee or to the 
                        Conference pursuant to Article 8 of the POPs 
                        Convention; and
                            ``(iv) the reports, including any versions 
                        of the reports revised to reflect information 
                        received through public comment and peer 
                        review, that the Administrator is required to 
                        issue for public comment and peer review 
                        pursuant to paragraphs (3)(E) and (4)(E) of 
                        this subsection;
                    ``(E) for pesticides listed on Annex I or Annex II 
                of the LRTAP POPs Protocol--
                            ``(i) any technical review conducted 
                        pursuant to paragraph 2 of Executive Body 
                        Decision 1998/2;
                            ``(ii) the LRTAP POPs Protocol listing 
                        decision;
                            ``(iii) the reports, including any version 
                        of the reports revised to reflect information 
                        received through public comment or peer review, 
                        that the Administrator is required to issue for 
                        public comment and peer review pursuant to 
                        paragraphs (3)(E) and (4)(E) of this 
                        subsection; and
                            ``(iv) information that the United States 
                        submitted to the Executive Body, or a 
                        subsidiary of the Executive Body, in relation 
                        to a technical review or listing decision; and
                    ``(F) scientific information included in or used to 
                develop or support the items listed in subparagraphs 
                (A), (B), (C), (D), and (E).
        In determining the weight to give such scientific information, 
        the Administrator shall consider the extent to which it is 
        consistent with generally accepted scientific principles, 
        including, when available, peer reviewed science and supporting 
        studies.
            ``(8) No effect on other provisions.--Nothing in this 
        subsection authorizes any sale, distribution, use, production, 
        or disposal of any POPS pesticide or LRTAP POPS pesticide that 
        is prohibited under any other provision of law. Nothing in this 
        subsection should be interpreted as interfering with or being a 
        prerequisite to the Administrator taking any action authorized 
        by section 6.
            ``(9) Requirements for exports.--In the case of a pesticide 
        or active ingredient used in producing a pesticide identified 
        by the Administrator as listed on Annex III of the PIC 
        Convention in a notice issued under paragraph (12)(C), any 
        person that distributes in commerce the pesticide or active 
        ingredient used in producing a pesticide for export shall 
        comply with any export conditions or restrictions identified by 
        the Administrator in the notice.
            ``(10) Pre-export notices.--
                    ``(A) In general.--
                            ``(i) Requirement.--In the case of--
                                    ``(I) a pesticide or active 
                                ingredient used in producing a 
                                pesticide that the Administrator 
                                determines to be banned or severely 
                                restricted under paragraph (12)(A);
                                    ``(II) a pesticide or active 
                                ingredient used in producing a 
                                pesticide identified by the 
                                Administrator in a notice issued under 
                                paragraph (12)(C); or
                                    ``(III) a POPs pesticide the export 
                                of which is not prohibited under 
                                paragraph (2);
                        the exporter of the pesticide or active 
                        ingredient used in producing a pesticide shall 
                        provide to the Administrator notice of the 
                        intent of the exporter to export the pesticide.
                            ``(ii) Timing of notice for banned or 
                        severely restricted pesticide or active 
                        ingredient used in producing a pesticide.--
                                    ``(I) First export.--In the case of 
                                a first export that an exporter makes 
                                from the territory of the United States 
                                to each importing foreign state after 
                                the Administrator issues a notice under 
                                paragraph (12)(A), the exporter shall 
                                provide the notice so that the 
                                Administrator receives the notice not 
                                earlier than 45 nor later than 15 
                                calendar days before the date of 
                                export.
                                    ``(II) Subsequent exports.--In the 
                                case of subsequent exports to the 
                                importing foreign state in calendar 
                                years subsequent to the notification 
                                provided under subclause (I), the 
                                exporter shall provide the notice so 
                                that the Administrator receives the 
                                notice not earlier than 45 nor later 
                                than 15 calendar days before the date 
                                of the first export in each calendar 
                                year.
                            ``(iii) Timing of pre-export notice for 
                        pesticides listed on annex iii of the pic 
                        convention.--
                                    ``(I) First export.--In the case of 
                                a first export that an exporter makes 
                                from the territory of the United States 
                                to each importing foreign state after 
                                the Administrator notifies the public 
                                under paragraph (12)(C), the exporter 
                                shall provide the notice so that the 
                                Administrator receives the notice not 
                                earlier than 45 nor later than 15 
                                calendar days before the date of 
                                export.
                                    ``(II) Subsequent exports.--In the 
                                case of subsequent exports by the 
                                exporter to the importing foreign state 
                                in calendar years subsequent to the 
                                notification provided under subclause 
                                (I), the exporter shall provide the 
                                notice so that the Administrator 
                                receives the notice not earlier than 45 
                                nor later than 15 calendar days before 
                                the date of the first such subsequent 
                                export in each calendar year.
                                    ``(III) Changed circumstances 
                                meriting new notice.--If conditions or 
                                restrictions imposed by the importing 
                                foreign state change and the 
                                Administrator notifies the public of 
                                the change under paragraph (12)(C), or 
                                if an earlier pre-export notice no 
                                longer applies, the exporter shall 
                                provide the notice so that the 
                                Administrator receives the notice not 
                                earlier than 45 nor later than 15 
                                calendar days before the date of 
                                export.
                            ``(iv) Timing of pre-export notice for 
                        pesticide the export of which is not prohibited 
                        under paragraph (2).--
                                    ``(I) First export of the calendar 
                                year.--In the case of the first export 
                                that an exporter makes from the 
                                territory of the United States to each 
                                importing foreign state of a pesticide 
                                not prohibited from being exported 
                                under paragraph (2), the exporter shall 
                                provide the notice so that the 
                                Administrator receives the notice not 
                                earlier than 45 nor later than 15 
                                calendar days before the date of the 
                                first export.
                                    ``(II) Subsequent exports.--In the 
                                case of subsequent exports by the 
                                exporter to the importing foreign state 
                                in calendar years subsequent to the 
                                notification provided under subclause 
                                (I) to the importing foreign state, the 
                                exporter shall provide the notice so 
                                that the Administrator receives the 
                                notice not earlier than 45 nor later 
                                than 15 calendar days before the date 
                                of the first such subsequent export in 
                                each calendar year.
                                    ``(III) Changed circumstances 
                                meriting new notice.--If the 
                                information provided in an earlier pre-
                                export notice is no longer accurate, 
                                the exporter shall provide the notice 
                                so that the Administrator receives the 
                                notice not earlier than 45 nor later 
                                than 15 calendar days before the date 
                                of export.
                    ``(B) Alternate time frame for notices.--
                            ``(i) Discretionary alternate time 
                        frames.--Notwithstanding clauses (ii), (iii), 
                        and (iv) of subparagraph (A), the Administrator 
                        may set an alternate time frame if the 
                        Administrator determines that such alternate 
                        time frame is appropriate and is able, within 
                        such alternate time frame, to administer notice 
                        activities in accordance with the PIC 
                        Convention and comply with the POPs Convention.
                            ``(ii) Mandatory review of statutory time 
                        frames and processes.--Within 18 months of 
                        entry into force for the United States of the 
                        PIC Convention and within 18 months of entry 
                        into force for the United States of the POPs 
                        Convention, the Administrator shall review the 
                        statutory time frames for receipt of pre-export 
                        notices and the Administrator's processing of 
                        such notices. In review of such time frames and 
                        processes, the Administrator shall consider 
                        whether amendments to the time frames and 
                        modifications to the processes would be 
                        appropriate to administer notice activities in 
                        accordance with the PIC Convention and to 
                        comply with the POPs Convention.
                    ``(C) Content of pre-export notices.--
                            ``(i) Notices for banned or severely 
                        restricted pesticide or active ingredient used 
                        in producing a pesticide.--A notice under 
                        subparagraph (A)(ii) 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) information relating to the 
                                foreseen uses of the pesticide or 
                                active ingredient used in producing a 
                                pesticide, if known, in the importing 
                                foreign state;
                                    ``(VIII) information on 
                                precautionary measures to reduce 
                                exposure to, and emission of, the 
                                pesticide or active ingredient used in 
                                producing a pesticide;
                                    ``(IX) information relating to 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.
                            ``(ii) Notices for pesticides listed on 
                        annex iii of the pic convention.--A notice 
                        under subparagraph (A)(iii) shall include--
                                    ``(I) all of the information 
                                required to be included under 
                                subparagraph (C)(i);
                                    ``(II) any information relating to 
                                export conditions or restrictions 
                                identified by the Administrator in the 
                                notice issued under paragraph (12)(C) 
                                with respect to the pesticide;
                                    ``(III) a general description of 
                                the manner in which the export complies 
                                with those conditions; and
                                    ``(IV) any other information that 
                                the Administrator determines by order 
                                published in the Federal Register to be 
                                necessary for effective enforcement of 
                                the export conditions or restrictions 
                                applicable to the pesticide.
                            ``(iii) Notices for pesticide the export of 
                        which is not prohibited under paragraph (2).--A 
                        notice submitted to the Administrator under 
                        subparagraph (A)(iv) shall include--
                                    ``(I) the name and address of the 
                                exporter;
                                    ``(II) the name and address of the 
                                importer;
                                    ``(III) a specification of the 
                                identity of the POPs pesticide;
                                    ``(IV) a general description of how 
                                the export is in accordance with the 
                                provisions related to export in 
                                paragraph 2 of Article 3, or other 
                                applicable provision, of the POPs 
                                Convention; and
                                    ``(V) such other information as the 
                                Administrator determines by order 
                                published in the Federal Register to be 
                                necessary for enforcement of the 
                                export-related obligations of the POPs 
                                Convention applicable to the pesticide.
                    ``(D) Pre-export notices accompanying each 
                export.--An exporter shall ensure that a copy of the 
                most recent applicable pre-export notice accompanies 
                each shipment for export and is available for 
                inspection upon export for--
                            ``(i) any pesticide or active ingredient 
                        used in producing a pesticide that the 
                        Administrator has identified under paragraph 
                        (12)(C) as being listed on Annex III of the PIC 
                        Convention; or
                            ``(ii) any POPs pesticide that is exported.
                    ``(E) Retention of pre-export notices.--
                            ``(i) In general.--An exporter required to 
                        provide a notice under clauses (iii) and (iv) 
                        of subparagraph (A) shall comply with sections 
                        8 and 9 and any regulations promulgated under 
                        those sections with regard to maintenance of 
                        the notice and other documents used to generate 
                        the notice and with regard to their 
                        availability for inspection and copying.
                            ``(ii) Time period for retention.--
                        Notwithstanding clause (i), such exporter shall 
                        maintain a copy of the notice and other 
                        documents used to generate the notice for a 
                        period of not less than 3 years beginning on 
                        the date on which the notice is provided.
            ``(11) Labeling requirements.--
                    ``(A) 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 (12) and that is sold, distributed, 
                or produced, the pesticide or active ingredient used in 
                producing a pesticide, shall, in accordance with the 
                PIC Convention--
                            ``(i) bear labeling information relating to 
                        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.
                    ``(B) Custom codes.--A pesticide or active 
                ingredient used in producing a pesticide that is the 
                subject of a notice issued under paragraph (12)(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.
            ``(12) Notice requirements and exemption.--
                    ``(A) Determination whether pesticide is banned or 
                severely restricted.--
                            ``(i) In general.--The Administrator 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 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.
                    ``(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 
                        (10)(A)(ii), 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 shall 
                        issue a notice to inform the public of--
                                    ``(I) any 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.
                            ``(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 (9).
                    ``(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 paragraphs (9) through (11) if the 
                Administrator determines that the exemption would be 
                consistent with the PIC Convention or POPs Convention.
            ``(13) Harmonization of pops convention and lrtap pops 
        protocol.--
                    ``(A) In general.--If a pesticide is both a POPs 
                pesticide and a LRTAP POPs pesticide, in the case of a 
                conflict between a provision of this subsection 
                applicable to a POPs pesticide and a provision of this 
                subsection applicable to a LRTAP POPs pesticide, the 
                more stringent provision shall apply, as determined by 
                the Administrator.
                    ``(B) Application.--In the case of a pesticide 
                described in subparagraph (A), this paragraph shall be 
                applied in such a manner as to ensure that the United 
                States is in compliance with its obligations under the 
                POPs Convention and the LRTAP POPs Protocol with 
                respect to the pesticide.
            ``(14) Harmonization of pops convention and pic 
        convention.--
                    ``(A) In general.--If the export of a pesticide is 
                addressed or restricted under paragraphs (2) through 
                (7) and paragraphs (9) through (12), all of those 
                paragraphs shall apply to the pesticide.
                    ``(B) Conflict.--In the case of a conflict between 
                paragraphs (2) through (7) and paragraphs (9) through 
                (12) with respect to a pesticide, the more stringent 
                provision shall govern.
                    ``(C) Application.--With respect to a pesticide, 
                paragraphs (2) through (12) shall be applied in manner 
                as to ensure that the United States is in compliance 
                with its obligations under both the POPs Convention and 
                the PIC Convention with respect to the pesticide.
    ``(f) Regulations.--
            ``(1) In general.--The Administrator may promulgate such 
        regulations as the Administrator determines to be necessary--
                    ``(A) to facilitate implementation of this section;
                    ``(B) to allow the pre-export notice requirement 
                under this section and any pre-export notice 
                requirement in other provisions of this Act or in any 
                other Federal law to be satisfied by a single notice; 
                and
                    ``(C) to ensure compliance with the PIC Convention, 
                the POPs Convention, and the LRTAP POPs Protocol.
            ``(2) Importation of pesticides and devices.--The Secretary 
        of the Treasury, in consultation with the Administrator, shall 
        prescribe regulations for the enforcement of subsection (c) of 
        this section.''.

SEC. 4. CONFORMING AMENDMENTS.

    The Federal Insecticide, Fungicide, and Rodenticide Act is 
amended--
            (1) in section 3(b) (7 U.S.C. 136a(b)), in the matter 
        preceding paragraph (1), by striking ``A pesticide'' and 
        inserting ``Except as provided in section 17, a pesticide''; 
        and
            (2) in section 12(a)(2) (7 U.S.C. 136j(a)(2))--
                    (A) in subparagraph (R), by striking ``or'' after 
                the semicolon;
                    (B) in subparagraph (S), by striking the period and 
                inserting ``; or''; and
                    (C) by adding at the end the following:
                    ``(T) to violate any provision of section 17 or any 
                regulation promulgated under that section.''.

SEC. 5. CONFORMING AMENDMENTS TO FIFRA TABLE OF CONTENTS.

    The table of contents in section 1(b) of the Federal Insecticide, 
Fungicide, and Rodenticide Act (7 U.S.C. prec. 121) is amended--
            (1) in the items relating to section 2, by adding at the 
        end the following:

``(pp) Conference.
``(qq) Conference Listing Decision.
``(rr) Designated national authority.
``(ss) Executive Body.
``(tt) Executive Body Decision 1998/2.
``(uu) HCH.
``(vv) LRTAP POPs pesticide.
``(ww) LRTAP POPs protocol.
``(xx) PCB.
``(yy) PIC Convention.
``(zz) POPs Convention.
``(aaa) POPs pesticide.
``(bbb) POPs Review Committee.'';
        and
            (2) in the items relating to section 17, by striking the 
        items relating to subsections (d) and (e) and inserting the 
        following:

``(d) Cooperation in international efforts generally.
``(e) Pops Convention, LRTAP Pops Protocol, and PIC Convention.
        ``(1) In general.
        ``(2) Prohibitions.
        ``(3) Notice and report after decision that screening criteria 
                            are met under the POPS Convention or after 
                            risk profile submitted under the LRTAP POPS 
                            Protocol.
        ``(4) Notice and report after decision that global action is 
                            warranted under the POPS Convention or that 
                            further consideration of the pesticide is 
                            warranted under the LRTAP POPS Protocol.
        ``(5) Notice after recommendation that conference consider 
                            listing or after completion of a technical 
                            review.
        ``(6) Provision of information to the public.
        ``(7) Consideration of information in cancellation of 
                            registration or prohibition of production 
                            for export or export of pesticides.
        ``(8) No effect on other provisions.
        ``(9) Requirements for exports.
        ``(10) Pre-export notices.
        ``(11) Labeling requirements.
        ``(12) Notice requirements and exemption.
        ``(13) Harmonization of POPS convention and LRTAP POPS 
                            protocol.
        ``(14) Harmonization of POPS convention and PIC convention.
``(f) Regulations.
        ``(1) In general.
        ``(2) Importation of pesticides and devices.''.
                                                 Union Calendar No. 399

109th CONGRESS

  2d Session

                               H. R. 3849

                          [Report No. 109-668]

_______________________________________________________________________

                                 A BILL

  To amend the Federal Insecticide, Fungicide, and Rodenticide Act to 
implement pesticide-related obligations of the United States under the 
international conventions or protocols known as the PIC Convention, the 
             POPs Convention, and the LRTAP POPs Protocol.

_______________________________________________________________________

                           September 19, 2006

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed