[Congressional Record Volume 140, Number 141 (Monday, October 3, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


[Congressional Record: October 3, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                   MINOR CROP PROTECTION ACT OF 1994

  Mr. de la GARZA. Mr. Speaker, I move to suspend the rules and pass 
the bill (H.R. 967), to amend the Federal Insecticide, Fungicide, and 
Rodenticide Act with respect to minor use pesticides, as amended.
  The Clerk read as follows:

                                H.R. 967

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

     SECTION 1. SHORT TITLE; REFERENCE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Minor Crop 
     Protection Act of 1994''.
       (b) Reference.--Whenever in this Act an amendment or repeal 
     is expressed in terms of an amendment to, or repeal of, a 
     section or other provision, the reference shall be considered 
     to be made to a section or other provision of the Federal 
     Insecticide, Fungicide, and Rodenticide Act.
       (c) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; reference; table of contents.

                     TITLE I--MINOR CROP PROTECTION

Sec. 101. Minor crop protection.

                   TITLE II--PUBLIC HEALTH PESTICIDES

Sec. 201. Definitions.
Sec. 202. Registration.
Sec. 203. Reregistration.
Sec. 204. Cancellation.
Sec. 205. Views of the Secretary of Health and Human Services.
Sec. 206. Authority of Administrator.
Sec. 207. Identification of pests.
Sec. 208. Authorization of appropriations.

                  TITLE III--ANTIMICROBIAL PESTICIDES

Sec. 301. Antimicrobial pesticides.
Sec. 302. Pesticide labeling.

     TITLE IV--EXPEDITED REVIEW OF CERTAIN PESTICIDE REGISTRATIONS

Sec. 401. Office of accelerated review.
Sec. 402. Expedited review of certain pesticide registrations.
Sec. 403. Conditional registration for certain pesticides.
Sec. 404. Integrated pest management.
Sec. 405. Resistance management.
                     TITLE I--MINOR CROP PROTECTION

     SEC. 101. MINOR CROP PROTECTION.

       (a) Definition.--Section 2 (7 U.S.C. 136) is amended by 
     adding at the end the following:
       ``(hh) Minor Use.--The term `minor use' means the use of a 
     pesticide on an animal, on a commercial agricultural crop or 
     site, or for the protection of public health where--
       ``(1) the Administrator, in consultation with the Secretary 
     of Agriculture, determines that, based on information 
     provided by an applicant, the use does not provide sufficient 
     economic incentive to support the initial registration or 
     continuing registration of a pesticide for such use; and
       ``(2) the Administrator has not determined that, based on 
     existing data, such use presents a risk of an unreasonable 
     adverse effect on the environment.''.
       (b) Exclusive Use of Minor Use Pesticides.--Section 
     3(c)(1)(F) (7 U.S.C. 136a(c)(1)(F)) is amended by 
     redesignating clauses (ii) and (iii) as clauses (iii) and 
     (iv), respectively, and by inserting after clause (i) the 
     following:
       ``(ii) The period of exclusive data use for data submitted 
     to support the application for the original registration of a 
     pesticide under clause (i) shall be granted an additional 3 
     years if, after the date of enactment of this clause, the 
     Administrator approves at least 3 minor uses of the pesticide 
     before the expiration of the period of exclusive use under 
     this clause. Any additional exclusive use period under this 
     clause shall terminate if the original data submitter 
     voluntarily cancels all registrations of the pesticide 
     containing such minor uses.''.
       (c) Time Extensions for Development of Minor Use Data.--
       (1) Data call-in.--Subparagraph (B) of section 3(c)(2) (7 
     U.S.C. 136a(c)(2)(B)) is amended by adding at the end the 
     following:
       ``(vi) Upon the request of a registrant, the Administrator 
     shall, in the case of a minor use, extend the deadline for 
     the production of residue chemistry data under this 
     subsection for data required solely to support that minor use 
     until the final deadline for submission of data under section 
     4 for the other uses of the pesticide if--

       ``(I) the data to support other uses of the pesticide are 
     being provided;
       ``(II) the registrant, in submitting a request for such an 
     extension, provides a schedule, including dates to measure 
     progress, to assure that the data production will be 
     completed before the expiration of the extension period;
       ``(III) the Administrator has determined that such 
     extension will not significantly delay the Administrator's 
     schedule for issuing a reregistration eligibility 
     determination required under section 4; and
       ``(IV) the Administrator has determined in writing that 
     based on existing data, such extension would not 
     significantly increase the risk of any unreasonable adverse 
     effect on the environment.

     If the Administrator grants an extension under this clause, 
     the Administrator shall monitor the development of the data 
     and shall ensure that the registrant is meeting the schedule 
     for the production of the data. If the Administrator 
     determines that the registrant is not meeting the schedule 
     for the production of such data, the Administrator may 
     proceed in accordance with clause (iv) regarding the 
     continued registration of the minor use and shall inform the 
     public of such action. If, during the extension period, the 
     Administrator is furnished data which are sufficient to 
     determine that an unreasonable adverse effect exists 
     involving the minor use of the pesticide, the Administrator 
     shall provide, in writing, to the registrant, a notice 
     revoking the extension of time for submission of data. Such 
     data shall instead be due within 30 days of receipt of such 
     notice by the registrant. Nothing in this clause shall 
     preclude the Administrator from proceeding in accordance with 
     the provisions of section 6.''.
       (2) Reregistration.--Sections 4(d)(4)(B), 4(e)(2)(B), and 
     4(f)(2)(B) (7 U.S.C. 136a-1(d)(4)(B), (e)(2)(B), and 
     (f)(2)(B)) are each amended by adding at the end the 
     following: ``Upon the request of a registrant, the 
     Administrator shall, in the case of a minor use, extend the 
     deadline for the production of residue chemistry data under 
     this subsection for data required solely to support that 
     minor use until the final deadline for submission of data 
     under section 4 for the other uses of the pesticide if--
       ``(i) the data to support other uses of the pesticide are 
     being provided;
       ``(ii) the registrant, in submitting a request for such an 
     extension provides a schedule, including interim dates to 
     measure progress, to assure that the data production will be 
     completed before the expiration of the extension period;
       ``(iii) the Administrator has determined that such 
     extension will not significantly delay the Administrator's 
     schedule for issuing a reregistration eligibility 
     determination required under this section; and
       ``(iv) the Administrator has determined in writing that 
     based on existing data, such extension would not 
     significantly increase the risk of any unreasonable adverse 
     effect on the environment.

     If the Administrator determines that the registrant is not 
     meeting the schedule for the production of such data, the 
     Administrator may proceed in accordance with section 
     3(c)(2)(B)(iv) regarding the continued registration of the 
     minor use and shall inform the public of such action. If, 
     during the extension period, the Administrator is furnished 
     data which are sufficient to determine that an unreasonable 
     adverse effect exists involving the minor use of the 
     pesticide, the Administrator shall provide in writing, to the 
     registrant, a notice revoking the extension of time for 
     submission of data. Such data shall instead be due within 30 
     days of receipt of such notice by the registrant. Nothing in 
     this subparagraph shall preclude the Administrator from 
     proceeding in accordance with the provisions of section 6.''.
       (d) Minor Use Waiver.--Section 3(c)(2) (7 U.S.C. 
     136a(c)(2)) is amended--
       (1) by inserting ``In general'' after ``(A)'', by inserting 
     ``Additional data'' after ``(B)'', and by inserting 
     ``Simplified procedures'' after ``(C)'', and
       (2) by adding at the end the following:
       ``(E) Minor use waiver.--In handling the registration of a 
     pesticide for a minor use, the Administrator may waive 
     otherwise applicable data requirements if the Administrator 
     determines that the absence of such data will not prevent the 
     Administrator from determining--
       ``(i) the incremental risk presented by the minor use of 
     the pesticide, and
       ``(ii) that such risk, if any, would not be an unreasonable 
     adverse effect on the environment.''.
       (e) Expediting Minor Use Registrations.--Section 3(c)(3) (7 
     U.S.C. 136a(c)(3)) is amended--
       (1) by inserting after ``(A)'' the following: ``In 
     general.--,
       (2) by inserting after ``(B)'' the following: ``Identical 
     or substantially similar''.--, and
       (3) by adding at the end the following:
       ``(C) Minor use registration.--
       ``(i) The Administrator shall, as expeditiously as 
     possible, review and act on any application (I) that proposes 
     the initial registration of a new pesticide active ingredient 
     if the active ingredient is proposed to be registered solely 
     for minor uses or for non-minor uses and significant minor 
     uses, or (II) for a registration or a registration amendment 
     that proposes a new minor use.
       ``(ii) For the purposes of clause (i)--

       ``(I) the term `as expeditiously as possible' means that 
     the Administrator shall complete a review and evaluation of 
     all data submitted with the application, to the greatest 
     extent practicable, no later than 6 months after the 
     submission of the application, and
       ``(II) the term `significant minor uses' means 3 or more 
     minor uses proposed for every non-minor use, a minor use that 
     would, in the judgment of the Administrator, serve as a 
     replacement for any use which has been canceled in the 5 
     years preceding the receipt of the application, or a minor 
     use that in the opinion of the Administrator would avoid the 
     reissuance of an emergency exemption under section 18 for 
     that minor use.

       ``(D) Adequate Time for Submission of Minor Use Data.--If a 
     registrant makes a good faith request for a minor use waiver 
     regarding data required by the Administrator pursuant to 
     paragraph (2)(B), and if the Administrator denies in whole or 
     in part such data waiver request, the registrant shall have a 
     full time period for providing such data. Such full time 
     period extension shall not be available if the Administrator 
     determines that the data waiver request was not made in good 
     faith. Any determination by the Administrator that a data 
     waiver request was not submitted in good faith shall be made 
     in writing to the registrant and shall be subject to judicial 
     review under the procedures prescribed by section 16(b).''.
       (f) Temporary Extension of Registration for Unsupported 
     Minor Uses.--
       (1) Reregistration.--
       (A) Sections 4(d)(6) and 4(f)(3) (7 U.S.C. 136a-1(d)(6) and 
     (f)(3)) are each amended by adding at the end the following: 
     ``If the registrant is not supporting a specific minor use of 
     the pesticide, but is supporting and providing data in a 
     timely fashion to support other food uses the Administrator, 
     at the written request of the registrant, shall not take any 
     action pursuant to this paragraph in regard to such 
     unsupported minor use until the final deadline for the 
     submission of data under section 4 for the supported uses 
     under this paragraph. Upon receipt of the request from the 
     registrant, the Administrator shall publish in the Federal 
     Register a notice of the receipt of the request and the 
     effective date upon which the uses not being supported will 
     be voluntarily deleted from the registration. Notwithstanding 
     the provisions of this paragraph, the Administrator may take 
     action to cancel or suspend such minor use, pursuant to 
     section 6, if the Administrator determines that the 
     continuation of the minor use may cause an unreasonable 
     adverse effect on the environment.''.
       (B) Section 4(e)(3)(A) (7 U.S.C. 136a-1(e)(3)(A)) is 
     amended by adding at the end the following: ``If the 
     registrant is not supporting a specific minor use of the 
     pesticide, but is supporting and providing data in a timely 
     fashion to support other food uses, the Administrator, at the 
     written request of the registrant, shall not take any action 
     pursuant to this subparagraph in regard to such unsupported 
     minor use until the final deadline for the submission of data 
     for the supported uses under this subparagraph. Upon receipt 
     of the request from the registrant, the Administrator shall 
     publish in the Federal Register a notice of the receipt of 
     the request and the effective date upon which the uses not 
     being supported will be voluntarily deleted from the 
     registration. Notwithstanding the provisions of this 
     subparagraph, the Administrator may take action to cancel or 
     suspend such minor use, pursuant to section 6, if the 
     Administrator determines that the continuation of the minor 
     use may cause an unreasonable adverse effect on the 
     environment .''.
       (2) Data.--Section 3(c)(2)(B) (7 U.S.C. 136a(c)(2)(B)), as 
     amended by subsection (c), is further amended by adding at 
     the end the following:
       ``(vii) If the registrant is not supporting a specific 
     minor use of the pesticide, but is supporting and providing 
     data in a timely fashion to support other food uses, the 
     Administrator, at the written request of the registrant, 
     shall not take any action pursuant to this subparagraph in 
     regard to such unsupported minor use until the final deadline 
     for the submission of data under section 4 for the supported 
     uses under this paragraph. Upon receipt of the request from 
     the registrant, the Administrator shall publish in the 
     Federal Register a notice of the receipt of the request and 
     the effective date upon which the uses not being supported 
     will be voluntarily deleted from the registration. 
     Notwithstanding the provisions of this subparagraph, the 
     Administrator may take action to cancel or suspend such minor 
     use, pursuant to section 6, if the Administrator determines 
     that the continuation of the minor use would violate the 
     criteria contained in section 6.''.
       (g) Utilization of Data for Voluntarily Canceled 
     Chemicals.--Section 6(f) (7 U.S.C. 136d) is amended by adding 
     at the end the following:
       ``(4) Utilization of data for voluntarily canceled 
     chemicals.--When an application is filed with the 
     Administrator for the registration of a pesticide for a minor 
     use not later than 2 years after another registrant 
     voluntarily cancels its registration for an identical or 
     substantially similar pesticide for an identical or 
     substantially similar use, the Administrator shall process, 
     review, and evaluate the pending application as if the 
     voluntary cancellation had not yet taken place for purposes 
     of the use of data from such registration, except that the 
     Administrator may not take such action if the Administrator 
     has evidence that such minor use presents a risk of an 
     unreasonable adverse effect on the environment.''.
       (h) Environmental Protection Agency Minor Use Program.--The 
     Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 
     121 et seq.) is amended by redesignating sections 30 and 31 
     as sections 32 and 33, respectively and adding after section 
     29 the following:

     ``SEC. 30. ENVIRONMENTAL PROTECTION AGENCY MINOR USE PROGRAM.

       ``The Environmental Protection Agency shall assure 
     coordination of minor use issues through the establishment of 
     a minor use program within the Office of Pesticide Programs. 
     Such office shall be responsible for coordinating the 
     development of minor use programs and policies, consulting 
     with growers regarding minor use issues and registrations, 
     and tracking and expediting minor use registrations and 
     amendments which are submitted to the Environmental 
     Protection Agency.''.
       (i) Department of Agriculture Minor Use Program.--The 
     Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 
     121 et seq.), as amended by subsection (h), is amended by 
     adding at the end the following:

     ``SEC. 31. DEPARTMENT OF AGRICULTURE MINOR USE PROGRAM.

       ``(a) In General.--The Secretary of Agriculture 
     (hereinafter in this section referred to as the `Secretary') 
     shall ensure the coordination of the responsibilities of the 
     Department of Agriculture related to minor uses of 
     pesticides, including--
       ``(1) carrying out the Inter-Regional Research Project 
     Number 4 (IR-4) as described in section 2(e) of the Act 
     entitled `An Act to facilitate the work of the Department of 
     Agriculture, and for other purposes' (7 U.S.C. 4501(e)) and 
     the national pesticide resistance monitoring program 
     established under section 1651 of the Food, Agriculture, 
     Conservation, and Trade Act of 1990 (7 U.S.C. 5882);
       ``(2) supporting integrated pest management research;
       ``(3) consulting with growers to develop data for minor 
     uses; and
       ``(4) providing assistance for minor use registrations, 
     tolerances, and reregistrations with the Environmental 
     Protection Agency.
       ``(b) Matching Fund Program.--
       ``(1) Establishment.--The Secretary of Agriculture shall 
     establish a minor use matching fund program. The matching 
     fund program shall be utilized to ensure the continued 
     availability of minor use crop protection chemicals, 
     including the development of data to support minor use 
     pesticide registrations and reregistrations. Access to the 
     matching fund program shall be available to any entity which 
     desires to develop data to support minor use registrations. 
     Access to the fund shall be given only those entities that do 
     not directly receive funds from the sale of products 
     registered on minor uses. Any entity that seeks such funding 
     under this paragraph shall be required to match such funds 
     with an equal amount of its own funds. Any data developed 
     through the matching fund program shall be jointly owned by 
     the Department of Agriculture and by the entity that receives 
     such funding. All fees received by the Department of 
     Agriculture in return for the use of such data under the 
     matching fund program shall be returned to a revolving fund 
     which will support the matching fund program.
       ``(2) Authorization.-- There is authorized to be 
     appropriated for the revolving fund for the matching fund 
     program an annual sum not to exceed $10,000,000.''.
                   TITLE II--PUBLIC HEALTH PESTICIDES

     SEC. 201. DEFINITIONS.

       (a) Adverse Effects.--Section 2(bb) (7 U.S.C. 136(bb)) is 
     amended by adding at the end the following: ``The 
     Administrator shall consider the risks and benefits of public 
     health pesticides separate from the risks and benefits of 
     other pesticides. In weighing any regulatory action 
     concerning a public health pesticide under this Act, the 
     Administrator shall weigh any risks of the pesticide against 
     the health risks such as the diseases transmitted by the 
     vector to be controlled by the pesticide.''.
       (b) New Definitions.--Section 2 (7 U.S.C. 136), as amended 
     by section 101, is amended by adding at the end the 
     following:
       ``(ii) Public Health Pesticide.--The term `public health 
     pesticide' means any minor use pesticide product registered 
     for use and used predominantly in public health programs for 
     vector control or for other recognized health protection 
     uses, including the prevention or mitigation of viruses, 
     bacteria, or other microorganisms (other than viruses, 
     bacteria, or other microorganisms on or in living man or 
     other living animal) that pose a threat to public health.
       ``(jj) Vector.--The term `vector' means any organism 
     capable of transmitting the causative agent of human disease 
     or capable of producing human discomfort or injury, including 
     mosquitoes, flies, fleas, cockroaches, or other insects and 
     ticks, mites, or rats.''.

     SEC. 202. REGISTRATION.

       Section 3(c)(2)(A) (7 U.S.C 136a(c)(2)(A)) is amended--
       (1) by inserting after ``pattern of use,'' the following: 
     ``the public health and agricultural need for such minor 
     use,'', and
       (2) by striking out ``potential exposure of man and the 
     environment to the pesticide'' and inserting in lieu thereof 
     ``potential beneficial or adverse effects on man and the 
     environment''.

     SEC. 203. REREGISTRATION.

       Section 4 (7 U.S.C. 136a-1) is amended--
       (1) in subsection (i)(4), by redesignating subparagraphs 
     (B) and (C) as subparagraphs (C) and (D), respectively and by 
     adding after subparagraph (A) the following:
       ``(B) The Administrator shall exempt any public health 
     pesticide from the payment of the fee prescribed under 
     paragraph (3) if, in consultation with the Secretary of 
     Health and Human Services, the Administrator determines, 
     based on information supplied by the registrant, that the 
     economic return to the registrant from sales of the pesticide 
     does not support the registration or reregistration of the 
     pesticide.'';
       (2) in subsection (i)(5), by redesignating subparagraphs 
     (F) and (G) as subparagraphs (G) and (H), respectively, and 
     by adding after subparagraph (E) the following:
       ``(F) The Administrator shall exempt any public health 
     pesticide from the payment of the fee prescribed under 
     paragraph (3) if, in consultation with the Secretary of 
     Health and Human Services, the Administrator determines, 
     based on information supplied by the registrant, that the 
     economic return to the registrant from sales of the pesticide 
     does not support the registration or reregistration of the 
     pesticide.'';
       (3) in subsection (i)(7)(B), by striking out ``or to 
     determine'' and inserting in lieu thereof ``, to determine'' 
     and by inserting before the period the following: ``, or to 
     determine the volume usage for public health pesticides''; 
     and
       (4) in subsection (k)(3)(A), by striking out ``or'' at the 
     end of clause (i), by striking the period at the end of 
     clause (ii) and inserting in lieu thereof ``; or'', and by 
     inserting after clause (ii) the following:
       ``(iii) proposes the initial or amended registration of an 
     end use pesticide that, if registered as proposed, would be 
     used for a public health pesticide.''.

     SEC. 204. CANCELLATION.

       Section 6(b) is amended by striking out ``or'' at the end 
     of paragraph (1), by striking out the period at the end of 
     paragraph (2) and inserting in lieu thereof ``; or'', and by 
     adding after paragraph (2) the following:
       ``(3) if a pesticide is registered or proposed for 
     registration for public health uses, to send the notice 
     specified in this subsection to the Secretary of Health and 
     Human Services for review.

      The Secretary of Health and Human Services shall comment 
     under this subsection in accordance with the procedures 
     followed and subject to the same conditions as comments by 
     the Secretary of Agriculture in the case of agricultural 
     pesticides.''.

     SEC. 205. VIEWS OF THE SECRETARY OF HEALTH AND HUMAN 
                   SERVICES.

       Section 21 (7 U.S.C. 136s) is amended by redesignating 
     subsections (b) and (c) as subsections (c) and (d), 
     respectively, and by adding after subsection (a) the 
     following:
       ``(b) Secretary of Health and Human Services.--The 
     Administrator, before publishing regulations under this Act 
     for any public health pesticide, shall solicit the views of 
     the Secretary of Health and Human Services in the same manner 
     as the views of the Secretary of Agriculture are solicited 
     under section 25(a).''.

     SEC. 206. AUTHORITY OF ADMINISTRATOR.

       Section 25(a)(1) (7 U.S.C 136w(a)(1)) is amended--
       (1) by inserting after ``various classes of pesticides'' 
     the following: ``, including public health pesticides,'', and
       (2) by striking out ``and nonagricultural pesticides'' and 
     inserting in lieu thereof ``, nonagricultural, and public 
     health pesticides''.

     SEC. 207. IDENTIFICATION OF PESTS.

       Section 28 (7 U.S.C. 136w-3) is amended by adding at the 
     end the following:
       ``(d) Public Health Pests.--The Administrator, in 
     coordination with the Secretary of Health and Human Services, 
     shall identify pests of significant public health importance 
     and, in coordination with the Public Health Service, develop 
     and implement programs to improve and facilitate the safe and 
     necessary use of chemical, biological, and other methods to 
     combat and control such pests of public health importance.''.

     SEC. 208. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated to carry out the 
     purposes of this title $12,000,000 for fiscal year 1995 and 
     such sums as may be necessary for succeeding fiscal years.
                  TITLE III--ANTIMICROBIAL PESTICIDES

     SEC. 301. ANTIMICROBIAL PESTICIDES.

       (a) Definitions.--Section 2 (7 U.S.C. 136), as amended by 
     sections 101 and 201, is amended by adding at the end the 
     following:
       ``(kk) Antimicrobial Pesticide.--The term `antimicrobial 
     pesticide' means a pesticide which--
       ``(1) is intended to sterilize, disinfect, sanitize, 
     mitigate growth and development, or protect inanimate 
     objects, industrial processes or systems, surfaces, or 
     chemical substances from contamination, degradation, fouling, 
     inefficiency, or deterioration caused by microbiological 
     organisms (including bacteria, viruses, fungi, algae, or 
     composite slime); and
       ``(2) in the intended use is exempt from, or otherwise not 
     subject to, a tolerance under sections 408 or 409 of the 
     Federal Food, Drug, and Cosmetic Act.''.
       (b) Requirements for Registration.--Section 3 (7 U.S.C. 
     136a) is amended by adding at the end the following:
       ``(g) Registration Requirements for Antimicrobial 
     Pesticides.--Within 1 year of the date of the enactment of 
     the Minor Crop Protection Act of 1994, the Administrator 
     shall propose regulations establishing requirements for the 
     registration of antimicrobial pesticides, including 
     guidelines specifying the information and data required for 
     registration. Such guidelines shall provide applicants for 
     registration with information sufficient to determine each 
     scientific study that must be submitted as part of a 
     registration application, specify required methods for data 
     developed or submitted in support of a registration, and 
     describe registration application format requirements and any 
     objective criteria for evaluating the completeness of the 
     application.
       ``(h) Study of Antimicrobial Registration Procedures.--Not 
     later than 2 years after the date of the enactment of this 
     subsection, the Administrator shall prepare a report for 
     Congress that evaluates the process for registering 
     antimicrobial pesticides. The Administrator shall submit the 
     report to the Committee on Agriculture of the House of 
     Representatives and the Committee on Agriculture, Nutrition, 
     and Forestry of the Senate. The report shall include the 
     following:
       ``(1) An evaluation of different ways to accelerate the 
     review of pesticides which meet the criteria of paragraph 
     (3)(B)(i) and an estimate of the resources the Administrator 
     would need to implement such changes.
       ``(2) An estimate of the resources needed to make a 
     decision--
       ``(A) within 90 days of receipt of an application to 
     register a pesticide that meets the criteria of paragraph 
     (3)(B)(i), whether to approve the application;
       ``(B) within 300 days of receipt of an application to 
     register an antimicrobial pesticide that contains a new 
     active ingredient, whether to approve the application;
       ``(C) within 200 days of receipt of an application to add a 
     new use to the registration of an antimicrobial pesticide, 
     whether to approve the application.
       ``(3) A calculation of the amount of fees paid under 
     section 4(i)(5) that are paid for antimicrobial pesticides.
       ``(4) A calculation of the amount of appropriated funds 
     involving the registration and reregistration of 
     antimicrobial pesticides.''.

     SEC. 302. PESTICIDE LABELING.

       For pesticides that are or may be diluted for use, the 
     label or labeling required under the Federal Insecticide, 
     Fungicide, and Rodenticide Act may have a different statement 
     of caution or protective measures for use of recommended 
     diluted solutions of the pesticide than for use of 
     concentrates of the pesticide. Such a precautionary statement 
     shall provide adequate protection for exposure to the dilute 
     solution of the pesticide.
     TITLE IV--EXPEDITED REVIEW OF CERTAIN PESTICIDE REGISTRATIONS

     SEC. 401. OFFICE OF ACCELERATED REVIEW.

       The Administrator shall establish within the Office of 
     Pesticide Programs an office to oversee and expedite the 
     evaluation of applications for the registration of pesticides 
     that meet the criteria of paragraph (9) of section 3(c) of 
     the Federal Insecticide, Fungicide, and Rodenticide Act.

     SEC. 402. EXPEDITED REVIEW OF CERTAIN PESTICIDE 
                   REGISTRATIONS.

       Section 3(c) (7 U.S.C. 136a(c)) is amended--
       (1) in paragraph (1) by adding at the end the following:
       ``(G) If the applicant is requesting the expedited 
     registration, or amendment to the registration, of a 
     pesticide, an explanation of the basis for the request, in 
     accordance with paragraph (9) of this subsection.''; and
       (2) by adding at the end the following:
       ``(9) Expedited registration of certain pesticides.--
       ``(A)(i) Not later than 1 year after the date of the 
     enactment of this paragraph and after opportunity for public 
     comment, the Administrator shall develop regulations and 
     guidelines for the expedited review of applications for the 
     registration of pesticides that meet the criteria of this 
     subparagraph.
       ``(ii) The Administrator shall expedite the review of an 
     application for registration of a pesticide or an amendment 
     to a registration that satisfies the guidelines developed 
     under this subparagraph. Biological pesticides will be 
     presumed to qualify for expedited review under this 
     paragraph. In developing guidelines for the expedited review 
     of a pesticide under this paragraph, the Administrator shall 
     consider the extent to which a pesticide may reasonably be 
     expected to--
       ``(I) reduce the risks of pesticides to human health;
       ``(II) exhibit a high degree of specificity for the target 
     pest and pose a low risk for nontarget organisms;
       ``(III) facilitate the management of pests while conserving 
     existing natural controls; or
       ``(IV) minimize the potential for ground water or surface 
     water contamination, or other valued environmental resources.
       ``(B)(i) The Administrator, not later than 30 days after 
     receipt of an application for expedited review, shall notify 
     the applicant whether the application is complete. If it is 
     found to be incomplete, the Administrator shall reject the 
     request for an expedited review.
       ``(ii) If the application is complete, the Administrator 
     shall notify the applicant whether the application qualifies 
     for expedited review within 60 days.
       ``(iii) If an application for registration or an amendment 
     qualifies for expedited review under this paragraph, the 
     Administrator shall, not later than 6 months after accepting 
     such application, notify the registrant if the application 
     has been granted or denied. If the application is denied, the 
     Administrator shall comply with the procedure under section 
     3(c)(6).
       ``(C) If at any time after the expedited registration of a 
     pesticide, the registrant has additional information bearing 
     on the pesticide's ability to meet the guidelines established 
     under subparagraph (A), the registrant shall immediately 
     submit a report containing such information to the 
     Administrator.''.

     SEC. 403. CONDITIONAL REGISTRATION FOR CERTAIN PESTICIDES.

       Section 3(c)(7) (7 U.S.C. 136a(c)(7)) is amended by adding 
     at the end the following:
       ``(D)(i) The Administrator may conditionally register or 
     amend the registration of a pesticide that meets the criteria 
     of paragraph (9) if--
       ``(I) the applicant agrees to generate any additional data 
     that the Administrator deems appropriate to evaluate the 
     pesticide; and
       ``(II) the applicant agrees to submit periodic reports as 
     the Administrator may require.

     A conditional registration under this subparagraph shall be 
     granted only if the Administrator determines, based on 
     available information, that use of the pesticide during such 
     period will not cause any unreasonable adverse effect on the 
     environment and that use of the pesticide is in the public 
     interest.
       ``(ii) If at any time after a conditional registration is 
     approved under this subparagraph, and before a complete set 
     of data has been submitted in support of the registration, 
     the Administrator determines that a pesticide does not meet 
     the criteria specified in clause (i), the Administrator may 
     by order suspend the registration until such time as the 
     registrant demonstrates that the criteria for conditional 
     registration are met. Such order shall be sent to the 
     registrant and published in the Federal Register. The order 
     shall include the bases for suspension together with a 
     description of the types of information the Administrator 
     believes must be submitted to determine whether the pesticide 
     meets the criteria for conditional registration.
       ``(iii) A registrant, or any other interested person with 
     the concurrence of the registrant, may, within 30 days of 
     publication of the suspension order in the Federal Register, 
     petition the Administrator to reconsider the issuance of the 
     suspension order. A petitioner must include in the petition 
     specific bases supporting the petition. The Administrator 
     shall, within 90 days of receipt of the last of such 
     petitions, issue an order granting or denying petitions 
     timely received. Such order shall be sent to the petitioner 
     and published in the Federal Register, and shall include the 
     factual and legal bases for the Administrator's determination 
     of the petition.
       ``(iv) If the Administrator receives information or a 
     petition with respect to any adverse effects of a pesticide 
     for which a conditional registration has been granted under 
     this subparagraph, the Administrator may refer the matter to 
     a Scientific Advisory Panel for review.''.

     SEC. 404. INTEGRATED PEST MANAGEMENT.

       (a) Integrated Pest Management Projects.--The Secretary of 
     Agriculture, in consultation with the Administrator of the 
     Environmental Protection Agency, shall encourage integrated 
     pest management projects to be organized around specific 
     pests and specific environmental problems faced by growers 
     and others in partnership with scientists from local research 
     organizations, including land-grant or other universities and 
     the Department, or growers, and funded by a competitive, peer 
     review grants program.
       (b) Goals and Objectives.--The goals and objectives of 
     integrated pest management projects shall be area-specific 
     and commodity or crop-specific in manner that allows the 
     projects to be qualitatively and quantitatively evaluated. 
     The Environmental Protection Agency and the Department of 
     Agriculture shall evaluate the implementation and 
     effectiveness of integrated pest management projects based on 
     the following criteria:
       (1) Risks to growers from crop losses and drastic yield 
     variations.
       (2) Effectiveness of the utilization of alternative 
     pesticides, including resistant hosts, biological control 
     agents, and cultural controls.
       (3) Use of practices that avoid or minimize the development 
     of genetic resistance in pests to chemicals or other tactics 
     used to control them.

     SEC. 405. RESISTANCE MANAGEMENT.

       Section 3(c) (7 U.S.C. 136a(c)), as amended by section 402, 
     is amended by adding at the end the following:
       ``(10) Evidence of pest resistance.--If the Secretary of 
     Agriculture, in consultation with the Administrator, 
     determines that pest resistance to a pesticide is detected 
     and is likely to diminish the efficacy of the product or 
     threatens to accelerate the evolution of resistance to other 
     registrations of the same or similar products, the 
     Administrator shall require the applicant or registrant to--
       ``(A) develop a plan to minimize the potential for 
     development of resistance that includes amended labeling 
     directions for resistance strategies; and
       ``(B) conduct monitoring and submit reports as the 
     Administrator may deem necessary to evaluate the 
     effectiveness of the resistance plan.

     The plan developed under subparagraph (A) should also address 
     the potential for resistance development in other 
     geographical areas of the United States.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Texas [Mr. de la Garza] will be recognized for 20 minutes, and the 
gentleman from Kansas [Mr. Roberts] will be recognized for 20 minutes.
  The Chair recognizes the gentleman from Texas [Mr. de la Garza].
  Mr. de la GARZA. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, many of us on the Committee on Agriculture had hoped we 
could bring to the House this year a major and much-needed rewrite of 
FIFRA, the Federal Insecticide, Fungicide and Rodenticide Act. And we 
had hoped that this could be done in conjunction with a rewrite of the 
pesticide-related areas of the FFDCA, the Federal Food, Drug and 
Cosmetic Act. Unfortunately, that has not happened for multiplicity of 
reasons.
  That is why we now bring to the floor H.R. 967. The Minor Use 
Pesticides Act seeks to address one of the few--if not only area of 
pesticide policy on which there is consensus--and that is the need to 
provide some Federal regulatory relief for users of so-called minor use 
pesticides and incentives for development of improved pesticides.
  Minor use pesticides are those pesticides which are primarily used in 
controlling pests associated with the production of our Nation's 
smaller acreage crops, such as fruits, vegetables, nuts and ornamental 
plants. While small in acreage, this is a vital and vibrant segment of 
our Nation's agricultural economy. And, of course, its production 
constitutes a vital and necessary part of health human diet.
  The research and development of any pesticide, coupled with the 
health and safety data needed to register a pesticide with EPA for 
commercial use, is very expensive these days.
  Because of that rising cost and the relatively small volume of sales 
involved, some chemical manufacturers have allowed or announced their 
intentions to allow the voluntary cancellation of registered minor uses 
for certain pesticides.
  Minor use pesticides are vital to agricultural production in all 50 
States. There is a consensus on our committee on the need to encourage 
chemical manufacturers to maintain current minor use registrations as 
well as label the next generation of improved products for minor crops.
  H.R. 967, in a very limited way, seeks to provide farmers and public 
health agencies with continued access to these important tools in ways 
that do not compromise human health or environmental quality. The bill 
has basically four elements:
  First, it creates several incentives for chemical manufacturers to 
maintain existing minor use registrations and apply for new 
registrations as new generations of pesticides are developed. These 
incentives include:
  An additional 3 years of exclusive use of data;
  A time extension for submission of certain data;
  Waiver of certain data requirements as long as the absence of this 
data does not prevent a determination of the pesticide's risk; and
  Expedited review by EPA of new minor use registrations.
  Second, H.R. 967 seeks to ensure the availability of pesticides used 
to protect public health. The bill provides for a separate analysis for 
public health pesticides that takes into account the risks of potential 
disease that are controlled by the use of the pesticides. This 
provision is taken from H.R. 1867, the Public Health Pesticides 
Protection Act, that was introduced by our colleague from California, 
Representative Dooley.
  Third, H.R. 967 provides additional guidance to EPA in the area of 
antimicrobial pesticide regulation and the registration process for 
antimicrobial pesticides. These are the products used in household, 
hospital and institutional cleaning.
  Fourth, the bill establishes an expedited review procedure for 
pesticides that meet certain criteria which reflect a reduced risk to 
man and the environment. The bill also promotes cooperation between EPA 
and USDA in the area of integrated pest management.
  Mr. Speaker, this is a bare bones bill that address only the items 
that I have outlined. The bill does not address any of the other 
controversial areas of FIFRA that have prevented us from moving a more 
comprehensive bill. This legislation offers the House the opportunity 
to solve at least one small part of the overall pesticides policy 
dilemma in a manner that is agreeable to all parties. I strongly urge 
the House to pass this bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. ROBERTS. Mr. Speaker, I yield myself such time as I may consume.
  (Mr. ROBERTS asked and was given permission to revise and extend his 
remarks.)
  Mr. ROBERTS. Mr. Speaker, I rise in support of this bill, and I want 
to commend my chairman for his leadership in authoring this legislation 
to address a serious problem for farmers. Though we all refer to a 
minor use pesticide problem, it is a major crisis for hundreds of 
thousands of agricultural producers around the country.
  The issue arises as an unintended side effect of EPA's reregistration 
of crop protective chemicals. The very expensive laboratory testing 
required by this process has caused manufacturers to voluntarily 
withdraw thousands of chemical formulations that were used to control 
pests on smaller crops. Since smaller crops in this context means most 
fruits and vegetables, many producers face the prospect of having no 
way to control pests that could devastate their crops. Consumers also 
are at risk because preventable insect and disease damage means 
significantly higher prices for apples and lettuce at the grocery 
store.
  This bill attempts to alleviate the problem by providing economic 
incentives for manufacturers to invest the necessary money to register 
chemicals for minor uses. We should emphasize that this bill in no way 
diminishes the safety standards that EPA imposes on pesticides. It 
merely attempts to address the economic barriers that have resulted 
from the reregistration process.
  This is a serious and difficult problem for both farmers and 
consumers, and we believe that Chairman de la Garza's bill is an 
important first step in resolving it. There are many other pesticide 
issues outstanding, including modernizing the Delaney clause and 
streamlining the pesticide cancellation process. I hope that next year 
Congress can move legislation on these larger issues. But for today, I 
urge my colleagues to support H.R. 967.

                              {time}  1420

  Mr. Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  Mr. de la GARZA. Mr. Speaker, I yield 2 minutes to the gentleman from 
California [Mr. Waxman].
  Mr. WAXMAN. Mr. Speaker, I unfortunately have to rise to oppose this 
legislation. The bill should not be on the suspension calendar because 
it is quite controversial. It was just reported out by the Committee on 
Agriculture last Friday, and it is now on the suspension calendar. But 
it is, as I understand it, a controversial piece of legislation, 
because it authorizes the continued use of potentially dangerous 
pesticides on the food that the public will eat, and may be especially 
harmful to children.
  In 1988, Congress passed legislation requiring EPA to review the 
health and safety of pesticides used on food. The legislation requires 
the pesticide manufacturers to submit health and safety data to EPA 
demonstrating the safety of the pesticide. If the data is not 
submitted, eventually the permission to use the pesticide may be 
withdrawn. In fact, it must be withdrawn.
  This bill carves a big loophole in that statutory scheme. It allows 
the pesticide for so-called minor use to remain on the market beyond 
the statutory deadline set by law in 1988.
  Minor uses are not so minor. They include products such as tomatoes 
and lettuce and many fruits and vegetables, and under this bill 
pesticides could be used for these products for years after these uses 
should be prohibited. Fruits and vegetables are the foods that kids eat 
the most.
  H.R. 967 provides that the manufacturers do not have to prove these 
pesticides to be safe. Instead, if the bill passes, the Congress will 
be unilaterally authorizing the continued use of these pesticides 
without the health or safety data.
  Now, the National Academy of Sciences last year found that children 
are not being protected from pesticides in the food. They are 
susceptible particularly to some of these pesticides that may be in the 
food, and I fear this bill would make the situation worse by allowing 
the continued use of pesticides that have not been proven safe.
  Mr. Speaker, I do not believe that this legislation has been fully 
considered, and for that reason I would urge opposition to it.
  Mr. de la GARZA. Mr. Speaker, I yield such time as he may consume to 
the gentleman from Oklahoma [Mr. Synar].
  (Mr. SYNAR asked and was given permission to revise and extend his 
remarks.)
  Mr. SYNAR. Mr. Speaker, I rise in opposition to the legislation.
  Mr. Speaker, I am concerned about the approach being taken here today 
for two reasons: First, Congress is ducking its responsibility to 
address a complex issue of great importance to the American public--
food safety--in a comprehensive manner; and second, by extending the 
life of old technologies destined to be removed from the market anyway 
because they are minor use, we are ignoring the findings of the 
National Academy of Sciences that use of such pesticides may be putting 
our kids at greater health risks.
  Let me give you a couple of facts. Fruits and vegetables are 
categorized as minor crops by USDA. Children eat a lot of fruits and 
vegetables, and according to the 1993 National Academy of Sciences 
report, current pesticide tolerances are not safe enough for children. 
The pesticides at issue in this bill are admittedly dinosaurs. There is 
nothing in this bill to encourage development of newer, safer 
pesticides or--God forbid--to encourage farmers to decrease their use 
of dangerous pesticides.
  Food safety issues are also the jurisdiction of the Energy and 
Commerce Committee, which has not had a chance to weigh in on this 
bill. The concerns of farmers who apply these pesticides should be 
addressed simultaneously with the concerns of the American public over 
unreasonable levels of dangerous pesticides in our children's food. I 
urge my colleagues to oppose addressing this bill on suspension.
  Mr. de la GARZA. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, our colleague, the gentleman from California [Mr. 
Waxman] has read a statement that I would disagree with. This bill does 
not change criteria for safety and for risk. I quote from where I read 
before:

       ``Waiver of certain data requirements, as long as the 
     absence of this data does not prevent a determination of the 
     pesticide's risk.''

  Just an expedited review. And this thing about children and amounts, 
that is in another area. That is the FIFRA. That is in the full 
pesticide area. We were very careful to see that we did not do any of 
that. All we are trying to do is say that these chemicals that are 
used, which EPA will not allow them to be used unless they are safe, to 
animals, to people, and the ecosystem. All of that has been done.
  What is happening is because of the delay, because of the cost, 
nothing to do with data, nothing to do with safety, the companies were 
not manufacturing or were trying to stop manufacturing these items.
  If the gentleman wants to stop manufacturing, that is another area. 
That has nothing to do with this. This is trying to have healthy people 
eating clean and safe food, and nothing to do with children, nothing to 
do with grownups, nothing to do with the areas, the gray areas, that 
people speak negatively about chemicals.
  So I would hope that the Members understand that and support this 
bill.
  Mr. ROBERTS. Mr. Chairman, will the gentleman yield?
  Mr. de la GARZA. I yield to the gentleman from Kansas.
  Mr. ROBERTS. Mr. Speaker, I thank the chairman for yielding, and wish 
to associate myself with his remarks.
  Mr. Speaker, I regret the chairman of the Subcommittee on Health and 
the Environment of the Committee on Energy and Commerce has raised this 
concern. I do not think it is a real concern.
  As the chairman has indicated, this bill deals with economic 
incentives. We are not lowering standards. Nothing in the bill even 
refers to that.
  Let me point out to the gentleman and to my colleagues that on page 8 
of the bill, specifically, if the Administrator determines that the 
registrant is not meeting the schedule for the production of such data, 
the Administrator may proceed in accordance with the appropriate 
section regarding the continued registration of the minor use and shall 
inform the public of such action. If during the extension period the 
Administrator has been furnished data which is sufficient to determine 
that an unreasonable adverse effect exists involving a minor use of a 
pesticide, the Administrator shall provide in writing to the registrant 
a notice of revoking the extension of time for submission of the data.
  There is a time limit of 30 days. We stress that this is not a safety 
concern, this is an economic incentive, so we can continue the 
production of fresh fruit and vegetables. That is all it is. Next year, 
when we get to the Delaney clause and FIFRA and streamlining the 
cancellation process, we will be happy to work with the chairman of the 
subcommittee, and we look forward to doing that. But this bill is 
simply not what the chairman has indicated.
  Mr. de la GARZA. Mr. Speaker, let me add further that this bill seeks 
to ensure the availability of pesticide use to protect public health. 
It takes into account the risks of potential diseases that are 
controlled by the use of pesticides. We could be overrun by plagues of 
every kind, and some of these chemicals are used to do that. This bill 
takes that from another bill.
  So I wanted to assure my colleague, the gentleman from California 
[Mr. Waxman] that we have as cautiously, as studiously, and as 
positively as we can, tried to protect all of the areas he is 
interested in, that we are interested in. That has nothing to do with 
the areas he mentioned with the National Academy of Science. All this 
is, is a few items of incentives to the companies to continue to 
manufacture these items that are needed.
  We are the best fed people in the history of the world for the least 
amount of disposable income per family, and we want to keep it that 
way. We are the healthiest people in the world also.
  I am a little frustrated that they would say that we in the Committee 
on Agriculture, with out best intentions, are not looking at the public 
health. That is not so.
  Mr. WAXMAN. Mr. Chairman, will the gentleman yield?
  Mr. de la GARZA. I yield to the gentleman from California.
  Mr. WAXMAN. Mr. Speaker, as I understand the law, the manufacturers 
of pesticides for major uses and minor uses have to submit data so it 
can be reviewed to determine whether these pesticides are a health 
problem. As I understand this legislation, and I have not had a full 
opportunity to look at it because it just got out of the committee 
Friday, it is on the floor here on Monday.

                              {time}  1430

  As I understand it, it would give additional time for some of these 
manufacturers to submit this data. It also gives them no incentive to 
submit the data if they do not have to do it under the deadlines and 
under the expectations of the existing 1988 law. That is disturbing to 
me, because if we do not have this data, the determination as to 
whether there is a health problem cannot be made.
  Meanwhile, the pesticide would stay on the market. I appreciate the 
gentleman feels very strongly otherwise. I understand his concern, but 
I hope he understands our concern.
  We have been hearing from environmental groups all day that this bill 
is on suspension. They do not feel it ought to be on suspension. They 
do not feel it is a bill that ought to be padded as if it were a 
noncontroversial bill.
  I still have to express these concerns.
  Mr. de la GARZA. Mr. Speaker, reclaiming my time, I have not given 
the gentleman time that he could have as much as he needed.
  Mr. Speaker, we do not change that part. They started calling today. 
Somebody may not like this bill. We have had hearings. We have been 
debating this. I have been saying my views for 1 year, 2 years, 
basically.
  This was the most expeditious way.
  But I want to ensure the gentleman, FIFRA legislation will come, 
hopefully next session. We will have ample debate. In the meantime, I 
can assure the gentleman and I assure my colleague and the general 
public that this in no way is intended to be negative to public health, 
to be negative to anyone.
  If they do not understand it, OK. I can understand that. If they feel 
that we have moved too fast, this is the time that we are caught in the 
web here. But there is no intention in any way whatsoever to go around 
the FIFRA, to go around the National Academy of Sciences, to go around 
anywhere.
  What we do here, I stand behind it, that it is for the public health, 
that it is for the benefit of the producers of America without any 
intention at all to go around the basic legislation that the gentleman 
will have an opportunity to work with us in the next session. And 
hopefully, we will do so as he has always done.
  We agree in our intention. We are not on opposite ends. We agree. His 
desire and my desire are identical. We may go about it in a different 
way. We may have different constituencies. But the desire and the end 
result are the same.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Pastor). The question is on the motion 
offered by the gentleman from Texas [Mr. de la Garza] that the House 
suspend the rules and pass the bill, H.R. 967, as amended.
  The question was taken.
  Mr. WAXMAN. Mr. Speaker, I object to the vote on the ground that a 
quorum is not present and make the point of order that a quorum is not 
present.
  The SPEAKER pro tempore. Pursuant to the provisions of clause 5, rule 
I, and the Chair's prior announcement, further proceedings on this 
motion will be postponed.
  The point of no quorum is considered withdrawn.

                          ____________________