[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 519 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 519

  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 SENATE OF THE UNITED STATES

                             March 3, 2009

  Mr. Harkin (for himself and Mr. Chambliss) introduced the following 
      bill; which was read twice and referred to the Committee on 
                  Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
  To amend the Federal Insecticide, Fungicide, and Rodenticide Act to 
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 ``POPs, LRTAP POPs, and PIC 
Implementation Act of 2009''.

SEC. 2. 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) 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 B to the POPs Convention.
    ``(rr) Designated National Authority.--The term `designated 
national authority' means 1 or more authorities that a government has 
designated in a notification to the Secretariat of the PIC Convention 
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 LRTAP Convention.
    ``(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) LRTAP Convention.--The term `LRTAP Convention' means the 
Convention on Long-Range Transboundary Air Pollution, done at Geneva on 
November 13, 1979 (TIAS 10541), and any subsequent amendments to which 
the United States is a party.
    ``(vv) LRTAP POPs Pesticide.--The term `LRTAP POPs pesticide' 
means--
            ``(1) aldrin;
            ``(2) chlordane;
            ``(3) chlordecone;
            ``(4) dichlorodiphenyltrichloroethane (DDT);
            ``(5) dieldrin;
            ``(6) endrin;
            ``(7) hexachlorocyclohexane (HCH);
            ``(8) heptachlor;
            ``(9) hexachlorobenzene;
            ``(10) hexabromobiphenyl;
            ``(11) mirex;
            ``(12) polychlorinated biphenyls (PCBs);
            ``(13) toxaphene; and
            ``(14) any other pesticide--
                    ``(A) that is listed on Annex I or 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 the pesticide 
                on Annex I or 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 LRTAP Convention, 
done at Aarhus on June 24, 1998, and any subsequent amendment to which 
the United States is a party.
    ``(xx) 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, and any subsequent amendment to 
which the United States is a party.
    ``(yy) POPs Convention.--The term `POPs Convention' means the 
Stockholm Convention on Persistent Organic Pollutants, done at 
Stockholm on May 22, 2001, and any subsequent amendment to which the 
United States is a party.
    ``(zz) 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) polychlorinated biphenyls (PCBs);
            ``(10) toxaphene; and
            ``(11) any other pesticide--
                    ``(A) that is listed on Annex A or 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 the pesticide 
                on Annex A or B of the POPs Convention has entered into 
                force for the United States.
    ``(aaa) 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 section heading, 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) the 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)--
                    (A) by redesignating the first through fourth 
                sentences as paragraphs (1) through (4), respectively; 
                and
                    (B) by adding at the end the following:
            ``(5) Prohibited imports.--Nothing in this subsection 
        permits the importation of any POPs pesticide or LRTAP POPs 
        pesticide that otherwise is prohibited under subsection (e).'';
            (4) in the subsection heading of subsection (d), by 
        inserting ``generally'' after ``efforts''; and
            (5) by striking subsection (e) and inserting the following:
    ``(e) Pops Convention, Lrtap Pops Protocol, and Pic Convention.--
            ``(1) In general.--The Administrator shall, in cooperation 
        with the Department of State and any other appropriate Federal 
        agency, 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 pops convention or after risk profile 
        submitted under 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.--Not later than 45 days 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 clause (i) or (ii) of 
                subparagraph (A), respectively, the Administrator 
                shall--
                            ``(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--
                                    ``(I) a summary of the POPs Review 
                                Committee or Conference decision and 
                                the basis for the decision; or
                                    ``(II) 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 described in 
                        subparagraph (D);
                            ``(vi) include any other information that 
                        the Administrator considers to be relevant to 
                        the proposal;
                            ``(vii) request information and comment 
                        on--
                                    ``(I) information relevant to the 
                                risk profile of the POPs Review 
                                Committee covered under Annex E to the 
                                POPs Convention; and
                                    ``(II) 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.--Not later than 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 not later than 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 1 or 
                                more 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.--Not later than 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 not later than 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 1 or 
                                more 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 the administrator.--Not later than 
                240 days after the date of publication of a notice 
                under subparagraph (B), based on information received 
                under this paragraph and any other relevant information 
                available to the Administrator, the Administrator, 
                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 
        warranted under pops convention or that further consideration 
        of pesticides warranted under 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 a pesticide that is the subject 
                        of a 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 a 
                        pesticide is warranted and therefore requires 1 
                        or more technical reviews of a proposal.
                    ``(B) Notice.--Not later than 45 days after the 
                date of the decision or determination under 
                subparagraph (A), the Administrator shall--
                            ``(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--
                                    ``(I) the POPs Review Committee or 
                                Conference decision and the basis for 
                                the decision; or
                                    ``(II) the Executive Body 
                                determination and the basis for the 
                                determination;
                            ``(iii) request information and comment--
                                    ``(I) in the case of a pesticide 
                                proposed for addition to an Annex of 
                                the POPs Convention, 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 described pursuant to 
                                clause (vi);
                                    ``(II) in the case of a pesticide 
                                proposed for listing on an Annex to the 
                                LRTAP POPs Protocol, on--
                                            ``(aa) any additional 
                                        measures not described pursuant 
                                        to clause (vi) that may exist 
                                        to reduce the risks of adverse 
                                        health effects on human health 
                                        or the environment that result 
                                        from the long-range 
                                        transboundary atmospheric 
                                        transport of the pesticide;
                                            ``(bb) the technical 
                                        feasibility of any of the 
                                        additional measures or the 
                                        measures described pursuant to 
                                        clause (vi); and
                                            ``(cc) the associated costs 
                                        and benefits of the additional 
                                        measures and the measures 
                                        described pursuant to clause 
                                        (vi);
                            ``(iv) 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--
                                    ``(I) seek an exemption or 
                                acceptable purpose under the POPs 
                                Convention; or
                                    ``(II) allow a restricted use or 
                                condition under the LRTAP POPs 
                                Protocol;
                            ``(v) request information described in 
                        subparagraph (D);
                            ``(vi) outline a broad range of possible 
                        actions that the United States could take to 
                        address any risks that the pesticide may pose;
                            ``(vii) specify what changes, if any, to 
                        registrations of or tolerances for the 
                        pesticide have been made since the date of 
                        publication of the notice under paragraph (3); 
                        and
                            ``(viii) include a statement that any 
                        information submitted may be included as part 
                        of the record of any cancellation proceeding 
                        related to the pesticide that the Administrator 
                        may undertake under section 6.
                    ``(D) Provision of information.--Not later than 60 
                days after the date of publication of the notice under 
                subparagraph (B), or not later than 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 that the person believes is 
                        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 the person believes is relevant 
                        to the technical review or to an Executive Body 
                        decision made under paragraph 3 of Article 14 
                        of the LRTAP POPs Protocol;
                            ``(iii) any information that the person 
                        believes is 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.--Not later than 240 
                days after the date of publication of the notice under 
                subparagraph (B), based on information received under 
                this paragraph and any other information available to 
                the Administrator, the Administrator, after 
                consultation 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 includes, at a minimum, 
                information relating to the costs and benefits of the 
                prohibitions or restrictions described in response to 
                subparagraph (C)(vi) 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 technical review.--
                    ``(A) Applicability.--This paragraph applies--
                            ``(i) 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
                            ``(ii) after completion of a technical 
                        review of a proposal to list a pesticide on an 
                        Annex to the LRTAP POPs Protocol.
                    ``(B) Notice.--Not later than 45 days after the 
                date of the POPs Review Committee recommendation or 
                completion of a technical review described in clause 
                (i) or (ii) of subparagraph (A), respectively, the 
                Administrator shall--
                            ``(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.
                    ``(C) Required elements of notice.--A notice under 
                subparagraph (B) 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--
                                    ``(I) identified by the POPs Review 
                                Committee; or
                                    ``(II) covered by the technical 
                                review; and
                            ``(iii) include a statement that any 
                        information submitted may be included as part 
                        of the record of any cancellation proceeding 
                        related to the pesticide that the Administrator 
                        may undertake under section 6.
            ``(6) Consideration of information in cancellation of 
        registration.--In a cancellation proceeding under section 6 for 
        a pesticide listed on Annex A or B of the POPs Convention or 
        Annex I or II of the LRTAP POPs Protocol, the Administrator may 
        consider--
                    ``(A) the record compiled under paragraphs (3), 
                (4), and (5);
                    ``(B) information related to domestic sale, 
                distribution, production, export, and use of the 
                pesticide;
                    ``(C) information related to 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 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; and
                            ``(iii) information that the United States 
                        submits to the POPs Review Committee or to the 
                        Conference pursuant to Article 8 of the POPs 
                        Convention;
                    ``(E) for pesticides listed on Annex I or 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; and
                            ``(iii) 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) through (E).
            ``(7) No effect on other provisions.--
                    ``(A) In general.--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.
                    ``(B) Action by the administrator.--Except to the 
                extent necessary to comply with the PIC Convention, the 
                POPs Convention, or the LRTAP POPs Protocol, nothing in 
                this subsection interferes with or is a prerequisite to 
                the Administrator taking any action authorized under 
                this Act.
            ``(8) 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 (11)(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.
            ``(9) 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 (11)(A);
                                    ``(II) a pesticide or active 
                                ingredient used in producing a 
                                pesticide identified by the 
                                Administrator in a notice issued under 
                                paragraph (11)(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 the 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 pesticides or active 
                        ingredients used in producing pesticides.--
                                    ``(I) First export.--In the case of 
                                a first export of a pesticide or active 
                                ingredient described in paragraph 
                                (11)(A) that an exporter makes from the 
                                territory of the United States to each 
                                importing foreign state after the 
                                Administrator issues a notice under 
                                paragraph (11)(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 of a 
                                pesticide or active ingredient 
                                described in paragraph (11)(A) 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 pic 
                        convention.--
                                    ``(I) First export.--In the case of 
                                a first export of a pesticide listed in 
                                Annex III to the PIC Convention that an 
                                exporter makes from the territory of 
                                the United States to each importing 
                                foreign state after the Administrator 
                                notifies the public under paragraph 
                                (11)(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 of a 
                                pesticide listed in Annex III to the 
                                PIC Convention 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 (11)(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 
                        pesticides the export of which is not 
                        prohibited.--
                                    ``(I) First export of the calendar 
                                year.--In the case of the first export 
                                of a pesticide not prohibited from 
                                being exported under paragraph (2) that 
                                an exporter makes from the territory of 
                                the United States to each 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 export.
                                    ``(II) Subsequent exports.--In the 
                                case of subsequent exports of a 
                                pesticide not prohibited from being 
                                exported under paragraph (2) that an 
                                exporter makes from the territory of 
                                the United States to each importing 
                                foreign state 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 for receipt of 
                        notices if the Administrator determines that 
                        such alternate time frame is appropriate and 
                        that the Administrator 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.--
                                    ``(I) In general.--Not later than 
                                18 months of entry into force for the 
                                United States of the PIC Convention and 
                                not later than 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 
                                processing of the notices by the 
                                Administrator.
                                    ``(II) Consideration of 
                                appropriateness of amendments.--In 
                                review of the time frames and 
                                processes, the Administrator, with the 
                                concurrence of the Secretary of State, 
                                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 pesticides or active ingredient used 
                        in producing pesticides.--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 the 
                                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 clause 
                                (i);
                                    ``(II) any information relating to 
                                export conditions or restrictions 
                                identified by the Administrator in the 
                                notice issued under paragraph (11)(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 pesticides the export 
                        of which is not prohibited.--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 complies with the provisions 
                                related to export in paragraph 2 of 
                                Article 3, or other applicable 
                                provisions, 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 on export for--
                            ``(i) any pesticide or active ingredient 
                        used in producing a pesticide that the 
                        Administrator has identified under paragraph 
                        (11)(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 
                        7 and 8 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), an exporter 
                        required to provide a notice under clauses 
                        (iii) and (iv) of subparagraph (A) 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.
            ``(10) 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 (11) 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 (11)(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.
            ``(11) Notice requirements and exemption.--
                    ``(A) Determination whether pesticides are 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 (9)(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, with 
                        the concurrence of the Secretary of State, 
                        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 (8).
                    ``(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 (8) through (10) if the 
                Administrator determines, with the concurrence of the 
                Secretary of State, that the exemption would be 
                consistent with the PIC Convention or POPs Convention.
            ``(12) 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, with the concurrence of the 
                Secretary of State.
                    ``(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.
            ``(13) Harmonization of pops convention and pic 
        convention.--
                    ``(A) In general.--If the export of a pesticide is 
                addressed or restricted under paragraphs (2) through 
                (6) and paragraphs (8) through (11), all of those 
                paragraphs shall apply to the pesticide.
                    ``(B) Conflict.--In the case of a conflict between 
                paragraphs (2) through (6) and paragraphs (8) through 
                (11) with respect to a pesticide, the more stringent 
                provision shall apply.
                    ``(C) Application.--With respect to a pesticide, 
                paragraphs (2) through (11) 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, with the 
        concurrence of the Secretary of State and after providing 
        notice to any other interested Federal agency, to be 
        necessary--
                    ``(A) to implement 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 
        promulgate regulations for the enforcement of subsection 
        (c).''.

SEC. 4. CONFORMING AMENDMENTS.

    (a) Section 3(b) of the Federal Insecticide, Fungicide, and 
Rodenticide Act (7 U.S.C. 136a(b)) is amended in the matter preceding 
paragraph (1) by striking ``A pesticide'' and inserting ``Except as 
provided in section 17, a pesticide''.
    (b) 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'' after the 
        semicolon;
            (2) in subparagraph (S), by striking the period and 
        inserting ``; or''; and
            (3) by adding at the end the following:
                    ``(T) to violate section 17 (including any 
                regulation promulgated under that section).''.
    (c) Section 17(c) of the Federal Insecticide, Fungicide, and 
Rodenticide Act (7 U.S.C. 136o(c)) (as amended by section 3(3)) is 
amended--
            (1) in paragraph (1), by inserting ``In general.--'' before 
        ``The Secretary'';
            (2) in paragraph (2), by inserting ``Refusal and 
        destruction.--'' before ``If it appears'';
            (3) in paragraph (3), by inserting ``Delivery and 
        forfeiture.--'' before ``The Secretary of the Treasury may''; 
        and
            (4) in paragraph (4), by inserting
        ``Charges.--'' before ``All charges''.

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:

``(hh) Nitrogen stabilizer.
``(jj) Maintenance applicator.
``(kk) Service technician.
``(ll) Minor use.
``(mm) Antimicrobial pesticide.
``(nn) Public health pesticide.
``(oo) Vector.
``(pp) Conference.
``(qq) Conference listing decision.
``(rr) Designated national authority.
``(ss) Executive Body.
``(tt) Executive Body decision 1998/2.
``(uu) LRTAP Convention.
``(vv) LRTAP POPs pesticide.
``(ww) LRTAP POPs Protocol.
``(xx) PIP Convention.
``(yy) POPs Convention.
``(zz) POPs pesticide.
``(aaa) POPs Review Committee.'';
and
            (2) by striking the items relating to section 17 and 
        inserting the following:

``Sec. 17. Imports, exports, and international conventions.
``(a) Pesticides and devices intended for export.
``(b) Cancellation notices furnished to foreign governments.
``(c) Importation of pesticides and devices.
        ``(1) In general.
        ``(2) Refusal and destruction.
        ``(3) Delivery and forfeiture.
        ``(4) Charges.
        ``(5) Prohibited imports.
``(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 POPs 
            Convention or after risk profile submitted 
            under LRTAP POPs Protocol.
        ``(4) Notice and report after decision that global 
            action warranted under POPs Convention or that 
            further consideration of pesticides warranted 
            under LRTAP POPs Protocol.
        ``(5) Notice after recommendation that Conference 
            consider listing or after completion of 
            technical review.
        ``(6) Consideration of information in cancellation 
            of registration.
        ``(7) No effect on other provisions.
        ``(8) Requirements for exports.
        ``(9) Pre-export notices.
        ``(10) Labeling requirements.
        ``(11) Notice requirements and exemption.
        ``(12) Harmonization of POPs Convention and LRTAP 
            POPs Protocol.
        ``(13) Harmonization of POPs Convention and PIC 
            Convention.
``(f) Regulations.
        ``(1) In general.
        ``(2) Importation of pesticides and devices.''.
                                 <all>