[House Report 109-668]
[From the U.S. Government Publishing Office]





109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     109-668

======================================================================



 
PIC AND POPS CONVENTIONS AND THE LRTAP POPS PROTOCOL IMPLEMENTATION ACT

                                _______
                                

 September 19, 2006.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

    Mr. Goodlatte, from the Committee on Agriculture, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 3849]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Agriculture, to whom was referred the bill 
(H.R. 3849) 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, having considered the same, report 
favorably thereon without amendment and recommend that the bill 
do pass.

                           Brief Explanation

    H.R. 3849 will 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.

                            Purpose and Need

    H.R. 3849 provides the necessary legislation to implement 
the Federal, Insecticide, Fungicide, and Rodenticide Act 
(FIFRA)-related provisions of three international agreements: 
the Stockholm Convention on Persistent Organic Pollutants 
(POPs), the Rotterdam Convention on the Prior Informed Consent 
Procedure for Certain Hazardous Chemicals in International 
Trade (PIC), and the Protocol on Persistent Organic Pollutants 
to the 1979 Convention on Long-Range Transboundary Air 
Pollution (LRTAP POPs Protocol). U.S. ratification of these 
three agreements requires targeted amendments to both FIFRA and 
the Toxics Substances Control Act (TSCA) to ensure that the 
United States can meet and effectively implement the 
obligations of the agreements.
    The Stockholm Convention on Persistent Organic Pollutants 
(POPs) aims to protect human health and the environment from 
chemicals that are of particular concern because they are known 
to be toxic, bioaccumulative, resistant to natural breakdown, 
and capable of long-range transport. Each of the twelve 
chemicals in the Convention has been scientifically linked to 
adverse human health effects and are already banned, severely 
restricted, or controlled in the United States. These chemicals 
are still in use in many places abroad, particularly in 
developing countries. The Convention prohibits production and 
use of eight pesticides and industrial chemicals subject to 
certain exemptions. The Convention also restricts DDT use to 
public health applications and prohibits new PCB production, 
while imposing import and export controls on listed chemicals. 
Parties promote the application of Best Available Techniques 
(BAT) on key industrial sources and ensure POPs wastes are 
managed in an environmentally sound manner. The Convention 
creates a science-based procedure to consider the addition of 
other chemicals that may be POPs. The Convention entered into 
force in May of 2004.
    The Convention on Long-Range Transboundary Air Pollution 
(LRTAP) POPs Protocol is a regional agreement negotiated 
primarily by developed countries. It was finalized prior to the 
global Stockholm Convention, and the Protocol was used in some 
ways as a model for the Convention. The structure and core 
obligations of the Stockholm Convention and LRTAP POPs 
agreements are very similar in restricting the production, use, 
or release of certain toxic chemicals. There are three main 
differences between the two agreements. First, the LRTAP POPs 
is a regional agreement open only to states in Europe, the 
former Soviet States, Canada, and the United States. Second, 
the LRTAP POPs Protocol does not include the same kind of trade 
measures nor provisions for financial and technical assistance 
found in the POPs treaty. Finally, the LRTAP POPs Protocol 
covers four additional chemicals in its scope, each of which is 
banned or controlled in the United States. The LRTAP POPs 
Protocol entered into force in October of 2003.
    The Rotterdam Convention establishes an information-sharing 
process that facilitates informed decision-making about whether 
to import a listed chemical. Both importing and exporting 
Parties have responsibilities to facilitate information 
exchange on the risks associated with a listed chemical. The 
scope of the Convention is limited to banned or severely 
restricted industrial chemicals and pesticides and to severely 
hazardous pesticide formulations. Importing Parties make a 
notification of whether/how they will allow for imports of each 
listed chemical, and exporting Parties ensure that any exports 
are not contrary to an importing Party's notification. The 
Rotterdam Convention includes a technical committee, the 
Chemical Review Committee, which reviews notifications in 
accordance with the Convention's criteria, and may recommend to 
the Parties whether to list additional chemicals. The 
Convention entered into force in February of 2004.
    Over the last 30 years, the United States has taken 
extensive steps to address the twelve substances covered by the 
POPs Convention and the sixteen LRTAP substances, as well as 
the thirty nine substances found on the PIC list. As a result, 
the United States is generally in compliance with the treaty. 
There are only a few small gaps to close in terms of U.S. 
legislative authorities, such as formally prohibiting 
production of listed pesticides and prohibiting potential 
future use of unregistered pesticides. The legislation passed 
by this Committee, outlined in the following review of the 
bill, H.R. 3849, closes those gaps by amending FIFRA, and a 
complementary bill has been passed by the House Energy and 
Commerce Committee (H.R. 4591) amending the Toxic Substance 
Control Act.

                      Section-by-Section Analysis


Section 1--Short title

Sec. 2--Definitions

    Amends section 2 of FIFRA by adding the definitions of 
Conference, Conference Listing Decision, Designated National 
Authority, Executive Body, Executive Body Decision, HCH, a list 
of LRTAP POPs Pesticides, LRTAP Pops Protocol, PCB, PIC 
Convention, POPs Convention, POPs Pesticide, POPs review 
Committee.

Sec. 3--Amendments to section 17 of FIFRA reflecting new paragraphs 
        (a)(2-14)

    Amends section 17 of FIFRA in the following ways (section 
and paragraph references below refer to FIFRA as amended by 
this bill)--
            Section 17(a)(2)
    Amends section 17(a)(2) and provides that a purchaser of a 
pesticide that is not registered under section 3 or sold under 
section 6(a)(1) is required to sign a statement prior to export 
acknowledging that the purchaser understands that such 
pesticide is not registered for sale in the U.S.
            Section 17(c). Importation of pesticides and devices
    Amends 17(c) to provide that nothing in this subsection 
allows for importation of a POPS pesticide or LRTAP POPs 
pesticide that otherwise is prohibited under subsection (e), 
the POPs Convention, LRTAP Pops Protocol and PIC Convention 
subsection.
            Section 17(d). Cooperation in international efforts 
                    generally
    Directs the administrator to participate and cooperate in 
international efforts to develop and improve pesticide research 
and regulations.
            Section 17(e)(1). In general
    Directs the Administrator to participate in ``technical 
cooperation and capacity building activities'' designed to 
support implementation of the POPs Convention, the LRTAP Pops 
Protocol and the PIC Convention.
            Section 17(e)(2). Prohibitions
    Prohibits anyone from selling, producing, using, 
distributing, or disposing in ways contrary to the POPs or 
LRTAP convention.
            Section 17(e)(3). Notice and report after decision that 
                    screening criteria are met under the POPs 
                    Convention or after risk profile submitted under 
                    the LRTAP POPs protocol
    Provides that new paragraph (e)(3) applies if POPs Review 
Committee or Conference decides proposal to list pesticide 
fulfills screening criteria or shall proceed or if there is a 
risk profile supporting a proposal under the LRTAP POPs 
Protocol. Further provides that the administrator may publish 
notice about the activities of the LRTAP or POPs bodies. Allows 
for interested persons to comment and lists the required 
elements of the notice. Directs the Administrator to publish 
for comments and peer review, a report in consultation with 
USDA and HHS about the use of that chemical in the U.S.A. and 
internationally. Such report shall be published not later than 
240 days after notice publication.
            Section 17(e)(4). Notice and report after decision that 
                    global action is warranted under the POPs 
                    Convention or that further consideration of the 
                    pesticide is warranted under the LRTAP POPs 
                    protocol
    Provides that this paragraph applies if the POPs Review 
Committee or the Executive Body determines that global action 
is warranted or that further consideration is warranted. 
Authorizes the Administrator to publish the decision in the 
Federal Register and allow an opportunity to comment. Provides 
the elements of such notice and requires a comment period of 60 
days from the date of publication. Further provides that the 
Administrator shall issue a report for public comment within 
240 days of the publication of notice.
            Section 17(e)(5). Notice after recommendation that 
                    conference consider listing or after completion of 
                    a technical review
    Provides that this paragraph applies if the POPs Review 
Committee recommends consideration of a Conference listing 
decision (under paragraph 9 of Article 8 of the POPs 
Convention) or after a Technical Review of a proposal to list a 
pesticide on an Annex. Provides that the Administrator may 
publish in the Federal Register a notice of the recommendation 
or the technical review. Further provides the elements of such 
notice.
            Section 17(e)(6). Provision of information to the public
    Requires the Administrator to publish notice once a year in 
the Federal Register that identifies any pesticide that is the 
subject of a listing proposal under article 8 of the POPs 
protocol or Article 14 of the LRTAP POPs Protocol, any 
pesticide that the Conference or Executive Body has added to 
Annex A or B of the POPs Convention or Annex I or II of the 
LRTAP POPs Protocol, and describes any regulatory action the 
Administrator has taken or is taking related to any pesticide 
that the Conference or Executive Body added to Annex A or B of 
the POPs Convention or Annex I or II of the LRTAP POPs 
Protocol.
            Section 17(e)(7). Consideration of information in 
                    cancellation of registration or prohibition of 
                    production for export or export of pesticides
    Provides the factors that the Administrator may consider in 
the case of a cancellation proceeding under section 6 of FIFRA.
            Section 17(e)(8). No effect on other provisions
    Provides that nothing in subsection (e) shall authorize the 
sale of any POPs or LRTAP POPs pesticide that is prohibited 
under other law.
            Section 17(e)(9). Requirements for exports
    Requires any person that distributes a pesticide listed in 
Annex III of the PIC Convention to comply with restrictions or 
conditions of import by foreign governments, as identified by 
the Administrator.
            Section 17(e)(10). Pre-export notices
    Requires an exporter of a pesticide or active ingredient 
used in producing a pesticide to provide notice to the 
Administrator in certain cases. Provides the time frame for 
such notice and permits the Administrator to change the time 
frames if the Administrator determines that an alternate time 
frame is appropriate. Requires the Administrator to review the 
time frames within 18 months of entry into force of the PIC 
Convention and within 19 months of entry into force of the POPs 
Convention to determine whether changes need to be made. 
Describes the content of pre-export notices. Requires an 
exporter to ensure that a copy of the most recent applicable 
pre-export notice accompanies each shipment for export and is 
available for inspection. Further requires exporters to retain 
pre-export notices and the records used to write the notice for 
not less than 3 years beginning on the date on which the notice 
is provided.
            Section 17(e)(11). Labeling requirements
    Requires any PIC pesticide that requires a pre-export 
notice to bear a label identifying risks or hazards to health 
and the environment and shall include safety information. 
Further requires any PIC pesticide to bear a label with 
appropriate harmonized system customs codes assigned by the 
World Customs Organization.
            Section 17(e)(12). Notice requirements and exemption
    Requires the Administrator to determine whether a pesticide 
is banned or severely restricted in the U.S. The Administrator 
shall issue to the Secretariat of the PIC Convention the 
information specified in Annex I of the PIC Convention and to 
the public a summary of that information.
    Requires the Administrator to provide a copy of the export 
notice to the importing country once notice of export is 
received.
    Requires the Administrator to give notice to the public on 
any pesticide listed on Annex III to the PIC Convention and any 
condition or restriction of an importing state. The notice 
shall be issued not later than 90 days and shall take effect 
not later than 180 days after the date of receipt from the 
Secretariat of the PIC Convention. A noticed restriction/
condition shall be considered to be an export condition or 
restriction.
    Authorizes the Administrator to issue an exemption for any 
pesticide or active ingredient if the administrator determines 
that the exemption would be consistent with the PIC Convention 
or POPs Convention.
            Section 17(e)(13). Harmonization of POPs Convention and 
                    LRTAP POPs Protocol
    Provides that when a pesticide is both a POPs pesticide and 
a LRTAP POPs pesticide, the Administrator should determine the 
more stringent provision of this subsection and apply such 
provision. Further provides that this paragraph shall be 
applied so that the United States is in compliance with its 
obligations under both the POPs Convention and LRTAP POPs 
Protocol.
            Section 17(e)(14). Harmonization of POPs Convention and PIC 
                    Convention
    Provides that if the export of a pesticide is restricted 
under paragraphs (2) through (7) and (9) through (12), all 
those paragraphs shall apply, but if conflict exists between 
these provisions, the more stringent provision shall govern. 
Requires application of paragraphs (2) through (12) to comply 
with the United States' obligations under the POPs Convention 
and the PIC Convention.
            Section 17(f). Regulations
    Authorizes the Administrator to issue necessary 
regulations, and requires the Secretary of the Treasury to 
issue regulations for the enforcement of subsection (c) of 
section 17.

Section 4--Conforming amendments

Section 5--Conforming amendments to FIFRA table of contents

                        Committee Consideration


                              I. HEARINGS

    On July 20, 2006, the Committee on Agriculture held a 
hearing on H.R. 3849, legislation necessary to ratify three 
international treaties regulating to the use of chemicals to 
protect human health as well as environmental health. The 
treaties involved include: the Stockholm Convention on 
Persistent Organic Pollutants (PICs), the Protocol on 
Persistent Organic Pollutants to the Convention on Long-Range 
Transboundary Air Pollution (LRTAP POPs), and the Rotterdam 
Convention on the Prior Informed Consent Procedure for Certain 
Hazardous Chemicals and Pesticides in International Trade 
(POPs). H.R. 3849 would amend the Federal Insecticide, 
Fungicide and Rodenticide Act (FIFRA) to put the U.S. in 
compliance with the treaties.

                    II. FULL COMMITTEE CONSIDERATION

    The Committee on Agriculture met, pursuant to notice, with 
a quorum present, on July 27, 2006, to consider H.R. 3849, 
legislation to amend the Federal Insecticide, Fungicide, and 
Rodenticide Act to implement pesticide-related obligations of 
the United States under the international convention or 
protocols known as the PIC Convention, the POPs Convention, and 
the LRTAP POPs Protocol.
    By unanimous consent, the Subcommittee on Conservation, 
Credit, Rural Development, and Research was discharged from 
further consideration and H.R. 3849 was placed before the full 
Committee and opened for amendment at any point.
    Members were recognized and each made a statement in 
support of the legislation. Counsel was also recognized for a 
brief explanation of the bill. There being no amendments, Mr. 
Peterson moved that H.R. 3849 be reported favorably to the 
House with the recommendation that it pass.
    By a voice vote, and in the presence of a quorum, H.R. 3849 
was ordered favorably reported to the House.
    Chairman Goodlatte then advised Members that pursuant to 
the rules of the House of Representative that Members have 2 
calendar days to file such views with the Committee. No Members 
came forth with intent to file additional views.
    Without objection, staff was given permission to make any 
necessary clerical, technical or conforming changes to reflect 
the intent of the Committee.
    Chairman Goodlatte thanked all the Members and adjourned 
the meeting subject to the call of the chair.

                   Reporting the Bill--Rollcall Votes

    In compliance with clause 3(b) of rule XIII of the House of 
Representatives, H.R. 3849 was reported by voice vote with a 
majority quorum present. There was no request for a recorded 
vote.

                      Committee Oversight Findings

    Pursuant to clause 3(c)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee on Agriculture's 
oversight findings and recommendations are reflected in the 
body of this report.

           Budget Act Compliance (Sections 308, 402, and 423)

    The provisions of clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives and section 308(a)(1) of the 
Congressional Budget Act of 1974 (relating to estimates of new 
budget authority, new spending authority, new credit authority, 
or increased or decreased revenues or tax expenditures) are not 
considered applicable. The estimate and comparison required to 
be prepared by the Director of the Congressional Budget Office 
under clause 3(c)(3) of rule XIII of the Rules of the House of 
Representatives and sections 402 and 423 of the Congressional 
Budget Act of 1974 submitted to the Committee prior to the 
filing of this report are as follows:

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, August 9, 2006.
Hon. Bob Goodlatte,
Chairman, Committee on Agriculture,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3849, the PIC and 
POPs Conventions and the LRTAP POPs Protocol Implementation 
Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Susanne S. 
Mehlman.
            Sincerely,
                                          Donald B. Marron,
                                           Acting Director.
    Enclosure.

H.R. 3849--PIC and POPs Conventions and the LRTAP POPs Protocol 
        Implementation Act

    H.R. 3849 would amend the Federal Insecticide, Fungicide, 
and Rodenticide Act to authorize the Environmental Protection 
Agency (EPA) to implement pesticide-related provisions of three 
international environmental agreements: the Stockholm 
Convention on Persistent Organic Pollutants (POPs Convention), 
the Protocol to the 1979 Convention on Long-Range Transboundary 
Air Pollution for POPs (POPs Protocol to LRTAP), and the 
Rotterdam Convention on the Prior Informed Consent Procedure 
for Certain Hazardous Chemicals and Pesticides in International 
Trade (PIC Convention). Those agreements are intended to help 
protect environmental and human health by eliminating or 
restricting the use of certain pesticides and to provide a 
means for participating countries to obtain and disseminate 
information about chemicals that may be imported and exported.
    CBO estimates that implementing H.R. 3849 would cost $5 
million over the next five years, assuming appropriation of the 
necessary amounts. Those funds would support additional 
personnel for EPA. Although the agency currently regulates many 
of the pesticides that would be affected by these agreements, 
this legislation would add to its responsibilities. 
Specifically, EPA would participate in the international 
process for determining whether additional pesticides should be 
prohibited or restricted from use under the agreements. The 
agency would then oversee the process necessary to implement 
any prohibition or restriction that the United States chooses 
to pursue. EPA's duties would include issuing public notices 
following decisions by the committees established under the 
agreements, issuing reports on the benefits and risks 
associated with the use of certain pesticides, and developing 
and enforcing regulations.
    Based on information from EPA, CBO estimates that these 
activities would cost about $1 million a year, assuming 
appropriation of the necessary amounts. Enacting H.R. 3849 
would not affect direct spending or revenues.
    Section 4 of the Unfunded Mandates Reform Act excludes from 
the application of that act any legislative provisions that are 
necessary for the ratification or implementation of 
international treaty obligations. Because this bill would 
implement three treaties, it falls within that exclusion. CBO 
has thus not reviewed the bill for intergovernmental or 
private-sector mandates.
    On August 3, 2006, CBO transmitted a cost estimate for H.R. 
4591, the Stockholm and Rotterdam Toxics Treaty Act of 2006, as 
ordered reported by the House Committee on Energy and Commerce 
on July 21, 2006. H.R. 4591 and H.R. 3849 address the 
implementation of the same international treaties. H.R. 4591 
would require EPA to conduct a cost-benefit analysis when 
deciding whether to prohibit or ban certain chemicals. H.R. 
3849 would not specifically require a cost-benefit analysis by 
EPA in its review of any pesticides under the international 
agreements. The CBO cost estimates for these bills reflect 
these differences.
    The CBO staff contacts for this estimate is Susanne S. 
Mehlman. This estimate was approved by Robert A. Sunshine, 
Assistant Director for Budget Analysis.

                    Performance Goals and Objectives

    With respect to the requirement of clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives, the 
performance goals and objections of this legislation are 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.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds the 
Constitutional authority for this legislation in Article I, 
clause 8, section 18, that grants Congress the power to make 
all laws necessary and proper for carrying out the powers 
vested by Congress in the Constitution of the United States or 
in any department or officer thereof.

                        Committee Cost Estimate

    Pursuant to clause 3(d)(2) of rule XIII of the Rules of the 
House of Representatives, the Committee report incorporates the 
cost estimate prepared by the Director of the Congressional 
Budget Office pursuant to sections 402 and 423 of the 
Congressional Budget Act of 1974.

                      Advisory Committee Statement

    No advisory committee within the meaning of section 5(b) of 
the Federal Advisory Committee Act was created by this 
legislation.

                Applicability to the Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (Public Law 
104-1).

                       Federal Mandates Statement

    The Committee adopted as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act (Public Law 104-4).

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

          FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT


SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

  (a) * * *
  (b) Table of Contents.--

Section 1. Short title and table of contents.
    (a) Short title.
    (b) Table of contents.
Sec. 2. Definitions.
    (a) Active ingredient.
     * * * * * * *
(pp) Conference.
(qq) Conference Listing Decision.
(rr) Designated national authority.
(ss) Executive Body.
(tt) Executive Body Decision 1998/2.
(uu) HCH.
(vv) LRTAP POPs pesticide.
(ww) LRTAP POPs protocol.
(xx) PCB.
(yy) PIC Convention.
(zz) POPs Convention.
(aaa) POPs pesticide.
(bbb) POPs Review Committee.
     * * * * * * *
Sec. 17. Imports and exports.
    (a) Pesticides and devices intended for export.
     * * * * * * *
    [(d) Cooperation in international efforts.
    [(e) Regulations.]
(d) Cooperation in international efforts generally.
(e) Pops Convention, LRTAP Pops Protocol, and PIC Convention.
    (1) In general.
    (2) Prohibitions.
    (3) Notice and report after decision that screening criteria are met 
              under the POPS Convention or after risk profile submitted 
              under the LRTAP POPS Protocol.
    (4) Notice and report after decision that global action is warranted 
              under the POPS Convention or that further consideration of 
              the pesticide is warranted under the LRTAP POPS Protocol.
    (5) Notice after recommendation that conference consider listing or 
              after completion of a technical review.
    (6) Provision of information to the public.
    (7) Consideration of information in cancellation of registration or 
              prohibition of production for export or export of 
              pesticides.
    (8) No effect on other provisions.
    (9) Requirements for exports.
    (10) Pre-export notices.
    (11) Labeling requirements.
    (12) Notice requirements and exemption.
    (13) Harmonization of POPS convention and LRTAP POPS protocol.
    (14) Harmonization of POPS convention and PIC convention.
(f) Regulations.
    (1) In general.
    (2) Importation of pesticides and devices.
     * * * * * * *

SEC. 2. DEFINITIONS.

  For purposes of this Act--
  (a) * * *

           *       *       *       *       *       *       *

  (pp) Conference.--The term ``Conference'' means the 
Conference of the Parties established by paragraph 1 of Article 
19 of the POPs Convention.
  (qq) Conference Listing Decision.--The term ``Conference 
Listing Decision'' means a decision by the Conference to 
approve an amendment to list a pesticide in Annex A or Annex B 
to the POPs Convention.
  (rr) Designated National Authority.--The term ``designated 
national authority'' means the authority or authorities that a 
government has designated in a notification to the PIC 
Convention Secretariat in accordance with Article 4 of the PIC 
Convention.
  (ss) Executive Body.--The term ``Executive Body'' means the 
Executive Body established by Article 10 of the 1979 Convention 
on Long-Range Transboundary Air Pollution.
  (tt) Executive Body Decision 1998/2.--The term ``Executive 
Body Decision 1998/2'' means the decision of the Executive Body 
titled ``Executive Body Decision 1998/2 on Information to Be 
Submitted and the Procedure for Adding Substances to Annexes I, 
II, or III to the Protocol on Persistent Organic Pollutants'' 
and any other Executive Body decision done pursuant to Article 
14 of the LRTAP POPs Protocol.
  (uu) HCH.--The term ``HCH'' means hexachlorocyclohexane.
  (vv) LRTAP POPs Pesticide.--The term ``LRTAP POPs pesticide'' 
means--
          (1) aldrin;
          (2) chlordane;
          (3) chlordecone;
          (4) dichlorodiphenyltrichloroethane (DDT);
          (5) dieldrin;
          (6) endrin;
          (7) HCH;
          (8) heptachlor;
          (9) hexachlorobenzene;
          (10) hexabromobiphenyl;
          (11) mirex;
          (12) PCBs;
          (13) toxaphene; and
          (14) any other pesticide--
                  (A) that is listed on Annex I or Annex II of 
                the LRTAP POPs Protocol;
                  (B) that has no existing United States 
                registrations that would prevent the United 
                States from complying with its obligations 
                under the LRTAP POPs Protocol if the United 
                States were to become a party to the LRTAP POPs 
                Protocol for that pesticide; and
                  (C) for which an amendment listing it on 
                Annex I or Annex II of the LRTAP POPs Protocol 
                has entered into force for the United States.
  (ww) LRTAP POPs Protocol.--The term ``LRTAP POPs Protocol'' 
means the Protocol on Persistent Organic Pollutants to the 1979 
Convention on Long-Range Transboundary Air Pollution done at 
Aarhus on June 24, 1998, if the United States is a party and 
any subsequent amendment to which the United States is a party.
  (xx) PCB.--The term ``PCB'' means a polychlorinated biphenyl.
  (yy) PIC Convention.--The term ``PIC Convention'' means the 
Rotterdam Convention on the Prior Informed Consent Procedure 
for Certain Hazardous Chemicals and Pesticides in International 
Trade done at Rotterdam on September 10, 1998, if the United 
States is a party and any subsequent amendment to which the 
United States is a party.
  (zz) POPs Convention.--The term ``POPs Convention'' means the 
Stockholm Convention on Persistent Organic Pollutants done at 
Stockholm on May 22, 2001, if the United States is a party and 
any subsequent amendment to which the United States is a party.
  (aaa) POPs Pesticide.--The term ``POPS pesticide'' means--
          (1) aldrin;
          (2) chlordane;
          (3) dichlorodiphenyltrichloroethane (DDT);
          (4) dieldrin;
          (5) endrin;
          (6) heptachlor;
          (7) hexachlorobenzene;
          (8) mirex;
          (9) PCBs;
          (10) toxaphene; and
          (11) any other pesticide--
                  (A) that is listed on Annex A or Annex B of 
                the POPs Convention;
                  (B) that has no existing United States 
                registrations that would prevent the United 
                States from complying with its obligations 
                under the POPs Convention if the United States 
                were to become a party to the POPs Convention 
                for that pesticide; and
                  (C) for which an amendment listing it on 
                Annex A or Annex B of the POPs Convention has 
                entered into force for the United States.
  (bbb) POPs Review Committee.--The term ``POPs Review 
Committee'' means the Persistent Organic Pollutants Review 
Committee established under paragraph 6 of Article 19 of the 
POPs Convention.

SEC. 3. REGISTRATION OF PESTICIDES.

  (a) * * *
  (b) Exemptions.--[A pesticide] Except as provided in section 
17, a pesticide which is not registered with the Administrator 
may be transferred if--
          (1) * * *

           *       *       *       *       *       *       *


SEC. 12. UNLAWFUL ACTS.

  (a) In General.--
          (1) * * *
          (2) It shall be unlawful for any person--
                  (A) * * *

           *       *       *       *       *       *       *

                  (R) to submit to the Administrator data known 
                to be false in support of a registration; [or]
                  (S) to violate any regulation issued under 
                section 3(a) or 19[.]; or
                  (T) to violate any provision of section 17 or 
                any regulation promulgated under that section.

           *       *       *       *       *       *       *


SEC. 17. [IMPORTS AND EXPORTS.] IMPORTS, EXPORTS, AND INTERNATIONAL 
                    CONVENTIONS.

  (a) Pesticides and Devices Intended for Export.--
Notwithstanding any other provision this Act, no pesticide or 
device or active ingredient used in producing a pesticide 
intended solely for export to any foreign country shall be 
deemed in violation of [this Act--] this Act, if--
          (1) [when] the pesticide or device or active 
        ingredient used in producing a pesticide is prepared or 
        packed according to the specifications or directions of 
        the foreign purchaser, except that producers of such 
        pesticides and devices and active ingredients used in 
        producing pesticides shall be subject to sections 2(p), 
        2(q) (1) (A), (C), (D), (E), (G), and (H), 2(q) (2) 
        (A), (B), (C) (i) and (iii), and (D), 7, and 8 of this 
        Act; [and]
          [(2) in the case of any pesticide other than a 
        pesticide registered under section 3 or sold under 
        section 6(a) (1) of this Act, if, prior to export, the 
        foreign purchaser has signed a statement acknowledging 
        that the purchaser understands that such pesticide is 
        not registered for use in the United States and cannot 
        be sold in the United States under this Act.
A copy of that statement shall be transmitted to an appropriate 
official of the government of the importing country.]
          (2) in the case of any pesticide other than a 
        pesticide registered under section 3 or sold under 
        section 6(a)(1), the foreign purchaser has, prior to 
        export, signed a statement acknowledging that the 
        purchaser understands that the pesticide is not 
        registered for use in the United States and cannot be 
        sold in the United States under this Act; and
          (3) such export is in compliance with all of the 
        applicable provisions of this section.
A copy of the statement under paragraph (2) shall be 
transmitted to an appropriate official of the government of the 
importing country.

           *       *       *       *       *       *       *

  (c) Importation of Pesticides and Devices.--The Secretary of 
the Treasury shall notify the Administrator of the arrival of 
pesticides and devices and shall deliver to the Administrator, 
upon the Administrator's request, samples of pesticides or 
devices which are being imported into the United States, giving 
notice to the owner or consignee, who may appear before the 
Administrator and have the right to introduce testimony. If it 
appears from the examination of a sample that it is 
adulterated, or misbranded or otherwise violates the provisions 
set forth in this Act, or is otherwise injurious to health or 
the environment, the pesticide or device may be refused 
admission, and the Secretary of the Treasury shall refuse 
delivery to the consignee and shall cause the destruction of 
any pesticide or device refused delivery which shall not be 
exported by the consignee within 90 days from the date of 
notice of such refusal under such regulations as the Secretary 
of the Treasury may prescribe. The Secretary of the Treasury 
may deliver to the consignee such pesticide or device pending 
examination and decision in the matter on execution of bond for 
the amount of the full invoice value of such pesticide or 
device, together with the duty thereon, and on refusal to 
return such pesticide or device for any cause to the custody of 
the Secretary of the Treasury, when demanded, for the purpose 
of excluding them from the country, or for any other purpose, 
said consignee shall forfeit the full amount of said bond. All 
charges for storage, cartage, and labor on pesticides or 
devices which are refused admission or delivery shall be paid 
by the owner or consignee, and in default of such payment shall 
constitute a lien against any future importation made by such 
owner or consignee. Nothing in this subsection shall permit the 
import of any POPS pesticide or LRTAP POPS pesticide that 
otherwise is prohibited under subsection (e) of this section.
  [(d) Cooperation in International Efforts.--The Administrator 
shall, in cooperation with the Department of State and any 
other appropriate Federal agency, participate and cooperate in 
any international efforts to develop improved pesticide 
research and regulations.
  [(e) Regulations.--The Secretary of the Treasury, in 
consultation with the Administrator, shall prescribe 
regulations for the enforcement of subsection (c) of this 
section.]
  (d) Cooperation in International Efforts Generally.--The 
Administrator shall participate and cooperate in any 
international efforts to develop improved pesticide research 
and regulations.
  (e) Pops Convention, LRTAP Pops Protocol, and PIC 
Convention.--
          (1) In general.--The Administrator shall participate 
        in technical cooperation and capacity building 
        activities designed to support implementation of the 
        POPs Convention, the LRTAP POPs Protocol, and the PIC 
        Convention.
          (2) Prohibitions.--No person may sell, distribute, 
        use, produce, or dispose of a POPS pesticide or LRTAP 
        POPS pesticide in a manner inconsistent with 
        obligations of the United States under the POPs 
        Convention or LRTAP POPs Protocol.
          (3) Notice and report after decision that screening 
        criteria are met under the pops convention or after 
        risk profile submitted under the lrtap pops protocol.--
                  (A) Applicability.--This paragraph applies 
                if--
                          (i) the POPs Review Committee or 
                        Conference decides--
                                  (I) under paragraph 4(a) of 
                                Article 8 of the POPs 
                                Convention, that a proposal for 
                                listing a pesticide in Annex A, 
                                B, or C to the POPs Convention 
                                fulfills the screening criteria 
                                specified in Annex D to the 
                                POPs Convention; or
                                  (II) under paragraph 5 of 
                                Article 8 of the POPs 
                                Convention, that such a 
                                proposal shall proceed; or
                          (ii) a party to the LRTAP POPs 
                        Protocol submits to the Executive Body 
                        a risk profile in support of a proposal 
                        to list a pesticide in Annex I, II, or 
                        III to the LRTAP POPs Protocol.
                  (B) Notice.--After the date of the POPs 
                Review Committee or Conference decision on a 
                proposal or the submission of a risk profile in 
                support of a proposal under the LRTAP POPs 
                Protocol described in clauses (i) or (ii) of 
                subparagraph (A), respectively, the 
                Administrator may--
                          (i) publish in the Federal Register a 
                        notice of the proposal; and
                          (ii) provide opportunity for comment 
                        on the proposal.
                  (C) Required elements of notice.--A notice 
                under subparagraph (B) shall--
                          (i) identify the pesticide that is 
                        the subject of the proposal;
                          (ii) include a summary of the process 
                        under the POPs Convention or the LRTAP 
                        POPs Protocol for the submission of a 
                        proposal and listing of a pesticide 
                        that is the subject of a proposal 
                        (including criteria applied in that 
                        process);
                          (iii) include a summary of the POPs 
                        Review Committee or Conference decision 
                        and the basis for the decision or a 
                        summary of the risk profile that a 
                        party to the LRTAP POPs Protocol 
                        submitted to the Executive Body;
                          (iv) request information relevant to 
                        and comment on--
                                  (I) in the case of a 
                                pesticide proposed for listing 
                                in an Annex to the POPs 
                                Convention, the information 
                                requirements and screening 
                                criteria elements covered under 
                                Annex D to the POPs Convention; 
                                or
                                  (II) in the case of a 
                                pesticide proposed for listing 
                                in an Annex to the LRTAP POPs 
                                Protocol, the information 
                                referenced in paragraph 6(a) of 
                                Article 14 of the LRTAP POPs 
                                Protocol;
                          (v) request information set forth in 
                        subparagraph (D);
                          (vi) include any other information 
                        that the Administrator considers to be 
                        relevant to the proposal;
                          (vii) request information and comment 
                        on information relevant to the risk 
                        profile of the POPs Review Committee 
                        covered under Annex E to the POPs 
                        Convention and on information relevant 
                        to any technical review conducted under 
                        paragraph 2 of Executive Body Decision 
                        1998/2; and
                          (viii) include a statement that any 
                        information submitted may be part of 
                        the record of any cancellation 
                        proceeding related to the pesticide 
                        that the Administrator may undertake 
                        under section 6.
                  (D) Provision of information.--
                          (i) Provision of information under 
                        pops convention.--Within 60 days after 
                        the date of publication of the notice 
                        under subparagraph (B) regarding a 
                        proposal to list a pesticide on an 
                        Annex to the POPs Convention, or within 
                        a later date as determined by the 
                        Administrator, any interested person 
                        may provide to the Administrator 
                        information or comment on--
                                  (I) the annual quantity of 
                                the pesticide manufactured and 
                                the locations of the 
                                manufacture;
                                  (II) the uses of the 
                                pesticide;
                                  (III) the approximate annual 
                                quantity of the pesticide that 
                                is released into the 
                                environment; and
                                  (IV) other information or 
                                monitoring data relating to the 
                                pesticide that is consistent 
                                with the information specified 
                                in paragraph 1 of Annex D, and 
                                subsections (b) through (e) of 
                                Annex E, to the POPs 
                                Convention.
                          (ii) Provision of information under 
                        lrtap pops protocol.--Within 60 days 
                        after the date of publication of the 
                        notice under subparagraph (B) regarding 
                        a proposal to list a pesticide on an 
                        Annex of the LRTAP POPs Protocol, or 
                        within a later date as determined by 
                        the Administrator, any interested 
                        person may provide to the Administrator 
                        information on--
                                  (I) the potential for long-
                                range transboundary atmospheric 
                                transport of the pesticide;
                                  (II) the toxicity of the 
                                pesticide;
                                  (III) the persistence of the 
                                pesticide, including biotic 
                                degradation process and rates 
                                of degradation products;
                                  (IV) the bioaccumulation of 
                                the pesticide, including 
                                bioavailability;
                                  (V) the annual quantity of 
                                the pesticide manufactured and 
                                the locations of the 
                                manufacture;
                                  (VI) the uses of the 
                                pesticide;
                                  (VII) the approximate annual 
                                quantity of the pesticide 
                                released into the environment;
                                  (VIII) environmental 
                                monitoring data relating to the 
                                pesticide (in areas distant 
                                from sources);
                                  (IX) information on--
                                          (aa) alternatives to 
                                        the uses of the 
                                        pesticide and the 
                                        efficacy of each 
                                        alternative; and
                                          (bb) known adverse 
                                        environmental or human 
                                        health effects 
                                        associated with each 
                                        alternative;
                                  (X) information on--
                                          (aa) process changes, 
                                        control technologies, 
                                        operating practices, 
                                        and other pollution 
                                        prevention techniques 
                                        that can be used to 
                                        reduce the emissions of 
                                        the pesticide; and
                                          (bb) the 
                                        applicability and 
                                        effectiveness of each 
                                        technique describe in 
                                        item (aa); and
                                  (XI) information on 
                                nonmonetary costs and benefits 
                                and the quantifiable costs and 
                                benefits associated with the 
                                use of each alternative 
                                described in subclause (IX) or 
                                technique described in 
                                subclause (X)(aa).
                  (E) Report by administrator.--Based upon 
                information received under this paragraph and 
                any other relevant information available to the 
                Administrator, the Administrator, not later 
                than 240 days after the date of publication of 
                a notice under subparagraph (B), after 
                consulting with the Secretary of Agriculture 
                or, for public health pesticides, with the 
                Secretary of Health and Human Services, shall 
                issue for public comment and peer review a 
                report that contains, at a minimum--
                          (i) information on the production and 
                        uses in the United States of the 
                        pesticide; and
                          (ii) a review of the benefits and 
                        risks in the United States and 
                        internationally associated with the 
                        production and uses in the United 
                        States and internationally of the 
                        pesticide.
          (4) Notice and report after decision that global 
        action is warranted under the pops convention or that 
        further consideration of the pesticide is warranted 
        under the lrtap pops protocol.--
                  (A) Applicability.--This paragraph applies 
                if--
                          (i) the POPs Review Committee 
                        decides, under paragraph 7(a) of 
                        Article 8 of the POPs Convention, that 
                        global action is warranted with respect 
                        to the pesticide that is the subject of 
                        the proposal, or the Conference decides 
                        under paragraph 8 of that Article that 
                        the proposal shall proceed; or
                          (ii) the Executive Body determines 
                        pursuant to paragraph 2 of Executive 
                        Body Decision 1998/2 that further 
                        consideration of the pesticide is 
                        warranted and therefore requires 1 or 
                        more technical reviews of the proposal.
                  (B) Notice.--After the date of the decision 
                or determination under subparagraph (A), the 
                Administrator may--
                          (i) publish in the Federal Register a 
                        notice of the decision or 
                        determination; and
                          (ii) provide an opportunity for 
                        comment on the decision or 
                        determination.
                  (C) Required elements of notice.--A notice 
                under subparagraph (B) shall--
                          (i) identify the pesticide that is 
                        the subject of the proposal;
                          (ii) include a summary of the POPs 
                        Review Committee or Conference decision 
                        and the basis for the decision or the 
                        Executive Body determination and the 
                        basis for the determination;
                          (iii) for a pesticide proposed for 
                        addition to an Annex of the POPs 
                        Convention, request information and 
                        comment on socioeconomic considerations 
                        covered under Annex F of the POPs 
                        Convention, including on the technical 
                        feasibility and costs and benefits of 
                        the range of possible prohibitions 
                        outlined pursuant to clause (vii);
                          (iv) for a pesticide proposed for 
                        listing on an Annex to the LRTAP POPs 
                        Protocol, request information and 
                        comment on--
                                  (I) any additional measures 
                                not outlined in the notice 
                                published pursuant to clause 
                                (vii) that may exist to reduce 
                                the risks of adverse health 
                                effects on human health or the 
                                environment that result from 
                                its long-range transboundary 
                                atmospheric transport;
                                  (II) whether any of the 
                                additional measures or the 
                                measures outlined in the notice 
                                published pursuant to 
                                subparagraph (vii) are 
                                technically feasible; and
                                  (III) the associated costs 
                                and benefits of the additional 
                                measures and the measures 
                                outlined in the notice 
                                published pursuant to 
                                subparagraph (vii);
                          (v) request information on any 
                        current or anticipated production or 
                        use of the pesticide that is the 
                        subject of the proposal for which the 
                        United States may wish to seek an 
                        exemption or acceptable purpose under 
                        the POPs Convention or allowed 
                        restricted use or condition under the 
                        LRTAP POPs Protocol;
                          (vi) request information set forth 
                        under subparagraph (D);
                          (vii) outline a broad range of 
                        possible actions that the United States 
                        might take to address any risks that 
                        the pesticide may pose;
                          (viii) specify whether there have 
                        been any changes to registrations of or 
                        tolerances for the pesticide since the 
                        date of publication of the notice under 
                        paragraph (3); and
                          (ix) include a statement that any 
                        information submitted may be part of 
                        the record of any cancellation 
                        proceeding related to the pesticide 
                        that the Administrator may undertake 
                        under section 6.
                  (D) Provision of information.--Within 60 days 
                after the date of publication of the notice 
                under subparagraph (B), or within a later date 
                as determined by the Administrator, any 
                interested person may provide to the 
                Administrator--
                          (i) consistent with the information 
                        needs described in Annex F to the POPs 
                        Convention, any information relevant 
                        to--
                                  (I) a risk management 
                                evaluation carried out under 
                                paragraph 7 of Article 8 of the 
                                POPs Convention; or
                                  (II) a decision by the 
                                Conference under paragraph 9 of 
                                Article 8 of the POPs 
                                Convention;
                          (ii) consistent with the information 
                        needs for the technical review 
                        described in paragraph 2 of Executive 
                        Body Decision 1998/2, any information 
                        relevant to such technical review or to 
                        an Executive Body decision made under 
                        paragraph 3 of Article 14 of the LRTAP 
                        POPs Protocol;
                          (iii) any information relevant to an 
                        action under this subsection; and
                          (iv) information on any article in 
                        use that consists of, contains, or is 
                        contaminated with the pesticide.
                  (E) Report by administrator.--Based upon 
                information received under this paragraph and 
                any other information available to the 
                Administrator, the Administrator, not later 
                than 240 days after the date of publication of 
                the notice under subparagraph (B), after 
                consulting with the Secretary of Agriculture 
                or, for public health pesticides, with the 
                Secretary of Health and Human Services, shall 
                issue a report for public comment and peer 
                review that contains, at a minimum, information 
                relating to the costs and benefits of the 
                prohibitions or restrictions outlined in 
                response to paragraph (4)(C)(vii) that could be 
                placed on the sale, distribution, production, 
                use, or disposal of the pesticide (including 
                the possible consequences of using alternative 
                products or processes).
          (5) Notice after recommendation that conference 
        consider listing or after completion of a technical 
        review.--
                  (A) In general.--If the POPs Review Committee 
                recommends, under paragraph 9 of Article 8 of 
                the POPs Convention, that the Conference 
                consider making a Conference listing decision 
                with respect to the pesticide in accordance 
                with the proposal, or after completion of a 
                technical review of a proposal to list a 
                pesticide on an Annex to the LRTAP POPs 
                Protocol, the Administrator may--
                          (i) publish in the Federal Register a 
                        notice of the recommendation or 
                        completion of the technical review; and
                          (ii) provide opportunity for comment 
                        on the recommendation or the technical 
                        review.
                  (B) Required elements.--A notice under 
                subparagraph (A) shall--
                          (i) include a summary of the POPs 
                        Review Committee recommendation and the 
                        basis for the recommendation or a 
                        summary of the technical review;
                          (ii) summarize any control measures 
                        for the pesticide that are identified 
                        by the POPs Review Committee or in the 
                        technical review; and
                          (iii) include a statement that any 
                        information submitted may be part of 
                        the record of any cancellation 
                        proceeding related to the pesticide 
                        that the Administrator may undertake 
                        under section 6.
          (6) Provision of information to the public.--Not 
        later than March 1st of each calendar year (and 
        September 1st of each calendar year unless nothing has 
        changed from the March 1st notice or the Administrator 
        has notified the public in other Federal Register 
        notices of the changes), the Administrator shall 
        publish a notice in the Federal Register that--
                  (A) identifies any pesticide that is the 
                subject of a listing proposal under Article 8 
                of the POPs Convention or Article 14 of the 
                LRTAP POPs Protocol and describes, as of 
                December 31st of the previous calendar year (or 
                June 31st of the current calendar year for 
                notices published on September 1st), the exact 
                status of the proposal in the relevant listing 
                process, including--
                          (i) whether the POPs Review Committee 
                        or Conference has decided that, under 
                        Article 8, paragraphs 4 or 5 of the 
                        POPs Convention, the proposal to list 
                        the pesticide shall proceed to 
                        preparation of a risk profile of the 
                        pesticide;
                          (ii) whether the POPs Review 
                        Committee has completed a risk profile;
                          (iii) whether the POPs Review 
                        Committee or Conference has decided 
                        that, under Article 8, paragraph 7(a) 
                        or paragraph 8 of the POPs Convention, 
                        the proposal to list the pesticide 
                        shall proceed to preparation of a risk 
                        management evaluation of the pesticide 
                        that includes analyses of possible 
                        control measures for the pesticide;
                          (iv) whether the POPs Review 
                        Committee has completed the risk 
                        management evaluation;
                          (v) whether the POPs Review Committee 
                        has made a listing recommendation to 
                        the Conference regarding the pesticide 
                        and a general description of the 
                        recommendation;
                          (vi) whether the Executive Body has 
                        determined that a technical review of 
                        the proposal to list a pesticide on 
                        Annex I or II of the LRTAP POPs 
                        Protocol is warranted;
                          (vii) whether a technical review of a 
                        proposal to list a pesticide on Annex I 
                        or II of the LRTAP POPs Protocol has 
                        been completed; and
                          (viii) whether any task force, 
                        working group, or other body that is 
                        subsidiary to the Executive Body has 
                        made a recommendation regarding the 
                        listing of the pesticide on Annex I or 
                        II of the LRTAP POPs Protocol and a 
                        description of the recommendation;
                  (B) identifies any pesticide that the 
                Conference or Executive Body has added to Annex 
                A or B of the POPs Convention or Annex I or II 
                of the LRTAP POPs Protocol since the last 
                notice the Administrator published under this 
                paragraph and provides a general description of 
                the control measures related to the pesticide; 
                and
                  (C) describes generally any regulatory action 
                that the Administrator has taken, is taking, or 
                has listed as under development or review in 
                the Unified Regulatory Agenda (as required by 
                section 602 of title 5, United States Code) 
                related to any pesticide that the Conference or 
                Executive Body added to Annex A or B of the 
                POPs Convention or Annex I or II of the LRTAP 
                POPs Protocol since the last notice the 
                Administrator published under this paragraph.
        The Administrator shall consider any comments that the 
        Administrator receives on the notices that the 
        Administrator publishes under this paragraph.
          (7) Consideration of information in cancellation of 
        registration or prohibition of production for export or 
        export of pesticides.--In a cancellation proceeding 
        under section 6 for a pesticide listed on Annex A or 
        Annex B of the POPs Convention or Annex I or Annex II 
        of the LRTAP POPs Protocol, the Administrator may 
        consider--
                  (A) the record compiled under paragraphs (3), 
                (4), and (5) of this subsection;
                  (B) domestic sale, distribution, production, 
                export, and use of the pesticide;
                  (C) national and international consequences 
                that are likely to arise as a result of 
                domestic regulatory actions (including the 
                possible consequences of using alternative 
                products or processes);
                  (D) for pesticides listed on Annex A or Annex 
                B of the POPs Convention--
                          (i) the POPs Review Committee 
                        recommendation under paragraph 9 of 
                        Article 8 of the POPS Convention;
                          (ii) the Conference listing decision;
                          (iii) information that the United 
                        States submits to the POPs Review 
                        Committee or to the Conference pursuant 
                        to Article 8 of the POPs Convention; 
                        and
                          (iv) the reports, including any 
                        versions of the reports revised to 
                        reflect information received through 
                        public comment and peer review, that 
                        the Administrator is required to issue 
                        for public comment and peer review 
                        pursuant to paragraphs (3)(E) and 
                        (4)(E) of this subsection;
                  (E) for pesticides listed on Annex I or Annex 
                II of the LRTAP POPs Protocol--
                          (i) any technical review conducted 
                        pursuant to paragraph 2 of Executive 
                        Body Decision 1998/2;
                          (ii) the LRTAP POPs Protocol listing 
                        decision;
                          (iii) the reports, including any 
                        version of the reports revised to 
                        reflect information received through 
                        public comment or peer review, that the 
                        Administrator is required to issue for 
                        public comment and peer review pursuant 
                        to paragraphs (3)(E) and (4)(E) of this 
                        subsection; and
                          (iv) information that the United 
                        States submitted to the Executive Body, 
                        or a subsidiary of the Executive Body, 
                        in relation to a technical review or 
                        listing decision; and
                  (F) scientific information included in or 
                used to develop or support the items listed in 
                subparagraphs (A), (B), (C), (D), and (E).
        In determining the weight to give such scientific 
        information, the Administrator shall consider the 
        extent to which it is consistent with generally 
        accepted scientific principles, including, when 
        available, peer reviewed science and supporting 
        studies.
          (8) No effect on other provisions.--Nothing in this 
        subsection authorizes any sale, distribution, use, 
        production, or disposal of any POPS pesticide or LRTAP 
        POPS pesticide that is prohibited under any other 
        provision of law. Nothing in this subsection should be 
        interpreted as interfering with or being a prerequisite 
        to the Administrator taking any action authorized by 
        section 6.
          (9) Requirements for exports.--In the case of a 
        pesticide or active ingredient used in producing a 
        pesticide identified by the Administrator as listed on 
        Annex III of the PIC Convention in a notice issued 
        under paragraph (12)(C), any person that distributes in 
        commerce the pesticide or active ingredient used in 
        producing a pesticide for export shall comply with any 
        export conditions or restrictions identified by the 
        Administrator in the notice.
          (10) Pre-export notices.--
                  (A) In general.--
                          (i) Requirement.--In the case of--
                                  (I) a pesticide or active 
                                ingredient used in producing a 
                                pesticide that the 
                                Administrator determines to be 
                                banned or severely restricted 
                                under paragraph (12)(A);
                                  (II) a pesticide or active 
                                ingredient used in producing a 
                                pesticide identified by the 
                                Administrator in a notice 
                                issued under paragraph (12)(C); 
                                or
                                  (III) a POPs pesticide the 
                                export of which is not 
                                prohibited under paragraph (2);
                        the exporter of the pesticide or active 
                        ingredient used in producing a 
                        pesticide shall provide to the 
                        Administrator notice of the intent of 
                        the exporter to export the pesticide.
                          (ii) Timing of notice for banned or 
                        severely restricted pesticide or active 
                        ingredient used in producing a 
                        pesticide.--
                                  (I) First export.--In the 
                                case of a first export that an 
                                exporter makes from the 
                                territory of the United States 
                                to each importing foreign state 
                                after the Administrator issues 
                                a notice under paragraph 
                                (12)(A), the exporter shall 
                                provide the notice so that the 
                                Administrator receives the 
                                notice not earlier than 45 nor 
                                later than 15 calendar days 
                                before the date of export.
                                  (II) Subsequent exports.--In 
                                the case of subsequent exports 
                                to the importing foreign state 
                                in calendar years subsequent to 
                                the notification provided under 
                                subclause (I), the exporter 
                                shall provide the notice so 
                                that the Administrator receives 
                                the notice not earlier than 45 
                                nor later than 15 calendar days 
                                before the date of the first 
                                export in each calendar year.
                          (iii) Timing of pre-export notice for 
                        pesticides listed on annex iii of the 
                        pic convention.--
                                  (I) First export.--In the 
                                case of a first export that an 
                                exporter makes from the 
                                territory of the United States 
                                to each importing foreign state 
                                after the Administrator 
                                notifies the public under 
                                paragraph (12)(C), the exporter 
                                shall provide the notice so 
                                that the Administrator receives 
                                the notice not earlier than 45 
                                nor later than 15 calendar days 
                                before the date of export.
                                  (II) Subsequent exports.--In 
                                the case of subsequent exports 
                                by the exporter to the 
                                importing foreign state in 
                                calendar years subsequent to 
                                the notification provided under 
                                subclause (I), the exporter 
                                shall provide the notice so 
                                that the Administrator receives 
                                the notice not earlier than 45 
                                nor later than 15 calendar days 
                                before the date of the first 
                                such subsequent export in each 
                                calendar year.
                                  (III) Changed circumstances 
                                meriting new notice.--If 
                                conditions or restrictions 
                                imposed by the importing 
                                foreign state change and the 
                                Administrator notifies the 
                                public of the change under 
                                paragraph (12)(C), or if an 
                                earlier pre-export notice no 
                                longer applies, the exporter 
                                shall provide the notice so 
                                that the Administrator receives 
                                the notice not earlier than 45 
                                nor later than 15 calendar days 
                                before the date of export.
                          (iv) Timing of pre-export notice for 
                        pesticide the export of which is not 
                        prohibited under paragraph (2).--
                                  (I) First export of the 
                                calendar year.--In the case of 
                                the first export that an 
                                exporter makes from the 
                                territory of the United States 
                                to each importing foreign state 
                                of a pesticide not prohibited 
                                from being exported under 
                                paragraph (2), the exporter 
                                shall provide the notice so 
                                that the Administrator receives 
                                the notice not earlier than 45 
                                nor later than 15 calendar days 
                                before the date of the first 
                                export.
                                  (II) Subsequent exports.--In 
                                the case of subsequent exports 
                                by the exporter to the 
                                importing foreign state in 
                                calendar years subsequent to 
                                the notification provided under 
                                subclause (I) to the importing 
                                foreign state, the exporter 
                                shall provide the notice so 
                                that the Administrator receives 
                                the notice not earlier than 45 
                                nor later than 15 calendar days 
                                before the date of the first 
                                such subsequent export in each 
                                calendar year.
                                  (III) Changed circumstances 
                                meriting new notice.--If the 
                                information provided in an 
                                earlier pre-export notice is no 
                                longer accurate, the exporter 
                                shall provide the notice so 
                                that the Administrator receives 
                                the notice not earlier than 45 
                                nor later than 15 calendar days 
                                before the date of export.
                  (B) Alternate time frame for notices.--
                          (i) Discretionary alternate time 
                        frames.--Notwithstanding clauses (ii), 
                        (iii), and (iv) of subparagraph (A), 
                        the Administrator may set an alternate 
                        time frame if the Administrator 
                        determines that such alternate time 
                        frame is appropriate and is able, 
                        within such alternate time frame, to 
                        administer notice activities in 
                        accordance with the PIC Convention and 
                        comply with the POPs Convention.
                          (ii) Mandatory review of statutory 
                        time frames and processes.--Within 18 
                        months of entry into force for the 
                        United States of the PIC Convention and 
                        within 18 months of entry into force 
                        for the United States of the POPs 
                        Convention, the Administrator shall 
                        review the statutory time frames for 
                        receipt of pre-export notices and the 
                        Administrator's processing of such 
                        notices. In review of such time frames 
                        and processes, the Administrator shall 
                        consider whether amendments to the time 
                        frames and modifications to the 
                        processes would be appropriate to 
                        administer notice activities in 
                        accordance with the PIC Convention and 
                        to comply with the POPs Convention.
                  (C) Content of pre-export notices.--
                          (i) Notices for banned or severely 
                        restricted pesticide or active 
                        ingredient used in producing a 
                        pesticide.--A notice under subparagraph 
                        (A)(ii) shall include--
                                  (I) the name and address of 
                                the exporter;
                                  (II) the name and address of 
                                the appropriate designated 
                                national authority of the 
                                United States;
                                  (III) the name and address of 
                                the appropriate designated 
                                national authority of the 
                                importing foreign state, if 
                                available;
                                  (IV) the name and address of 
                                the importer;
                                  (V) the name of the pesticide 
                                or active ingredient used in 
                                producing a pesticide for which 
                                the notice is required;
                                  (VI) the expected date of 
                                export;
                                  (VII) information relating to 
                                the foreseen uses of the 
                                pesticide or active ingredient 
                                used in producing a pesticide, 
                                if known, in the importing 
                                foreign state;
                                  (VIII) information on 
                                precautionary measures to 
                                reduce exposure to, and 
                                emission of, the pesticide or 
                                active ingredient used in 
                                producing a pesticide;
                                  (IX) information relating to 
                                the concentration of the 
                                pesticide or active ingredient 
                                used in producing a pesticide; 
                                and
                                  (X) any other information 
                                specified in Annex V to the PIC 
                                Convention.
                          (ii) Notices for pesticides listed on 
                        annex iii of the pic convention.--A 
                        notice under subparagraph (A)(iii) 
                        shall include--
                                  (I) all of the information 
                                required to be included under 
                                subparagraph (C)(i);
                                  (II) any information relating 
                                to export conditions or 
                                restrictions identified by the 
                                Administrator in the notice 
                                issued under paragraph (12)(C) 
                                with respect to the pesticide;
                                  (III) a general description 
                                of the manner in which the 
                                export complies with those 
                                conditions; and
                                  (IV) any other information 
                                that the Administrator 
                                determines by order published 
                                in the Federal Register to be 
                                necessary for effective 
                                enforcement of the export 
                                conditions or restrictions 
                                applicable to the pesticide.
                          (iii) Notices for pesticide the 
                        export of which is not prohibited under 
                        paragraph (2).--A notice submitted to 
                        the Administrator under subparagraph 
                        (A)(iv) shall include--
                                  (I) the name and address of 
                                the exporter;
                                  (II) the name and address of 
                                the importer;
                                  (III) a specification of the 
                                identity of the POPs pesticide;
                                  (IV) a general description of 
                                how the export is in accordance 
                                with the provisions related to 
                                export in paragraph 2 of 
                                Article 3, or other applicable 
                                provision, of the POPs 
                                Convention; and
                                  (V) such other information as 
                                the Administrator determines by 
                                order published in the Federal 
                                Register to be necessary for 
                                enforcement of the export-
                                related obligations of the POPs 
                                Convention applicable to the 
                                pesticide.
                  (D) Pre-export notices accompanying each 
                export.--An exporter shall ensure that a copy 
                of the most recent applicable pre-export notice 
                accompanies each shipment for export and is 
                available for inspection upon export for--
                          (i) any pesticide or active 
                        ingredient used in producing a 
                        pesticide that the Administrator has 
                        identified under paragraph (12)(C) as 
                        being listed on Annex III of the PIC 
                        Convention; or
                          (ii) any POPs pesticide that is 
                        exported.
                  (E) Retention of pre-export notices.--
                          (i) In general.--An exporter required 
                        to provide a notice under clauses (iii) 
                        and (iv) of subparagraph (A) shall 
                        comply with sections 8 and 9 and any 
                        regulations promulgated under those 
                        sections with regard to maintenance of 
                        the notice and other documents used to 
                        generate the notice and with regard to 
                        their availability for inspection and 
                        copying.
                          (ii) Time period for retention.--
                        Notwithstanding clause (i), such 
                        exporter shall maintain a copy of the 
                        notice and other documents used to 
                        generate the notice for a period of not 
                        less than 3 years beginning on the date 
                        on which the notice is provided.
          (11) Labeling requirements.--
                  (A) In general.--In the case of any pesticide 
                or active ingredient used in producing a 
                pesticide that is the subject of a notice 
                issued under subparagraph (A) or (C) of 
                paragraph (12) and that is sold, distributed, 
                or produced, the pesticide or active ingredient 
                used in producing a pesticide, shall, in 
                accordance with the PIC Convention--
                          (i) bear labeling information 
                        relating to risks or hazards to human 
                        health or the environment; and
                          (ii) be accompanied by shipping 
                        documents that include any relevant 
                        safety data sheets on the pesticide.
                  (B) Custom codes.--A pesticide or active 
                ingredient used in producing a pesticide that 
                is the subject of a notice issued under 
                paragraph (12)(C) and that is distributed or 
                sold for export shall be accompanied by 
                shipping documents that bear, at a minimum, any 
                appropriate harmonized system customs codes 
                assigned by the World Customs Organization.
          (12) Notice requirements and exemption.--
                  (A) Determination whether pesticide is banned 
                or severely restricted.--
                          (i) In general.--The Administrator 
                        shall determine whether a pesticide or 
                        active ingredient used in producing a 
                        pesticide is banned or severely 
                        restricted within the United States (as 
                        those terms are defined by the PIC 
                        Convention).
                          (ii) Notice of determinations.--
                        Notwithstanding any other provision of 
                        law, the Administrator shall issue to 
                        the Secretariat of the PIC Convention 
                        and the public a notice of each 
                        determination under subparagraph (A) 
                        that includes--
                                  (I) in the case of a notice 
                                to the Secretariat of the PIC 
                                Convention, the information 
                                specified in Annex I to the PIC 
                                Convention; and
                                  (II) in the case of a notice 
                                to the public, at a minimum, a 
                                summary of that information.
                  (B) Notice to foreign countries.--
                          (i) In general.--Notwithstanding any 
                        other provision of law, on receipt of a 
                        notice of intent to export under 
                        paragraph (10)(A)(ii), the 
                        Administrator shall provide a copy of 
                        the notice to the designated national 
                        authority of the importing foreign 
                        state.
                          (ii) Nonidentified designated 
                        national authority.--In a case in which 
                        a designated national authority has not 
                        been identified, the Administrator 
                        shall provide the notice of intent to 
                        export to any other appropriate 
                        official of the importing foreign 
                        state, as identified by the 
                        Administrator.
                  (C) Notice to public.--
                          (i) In general.--The Administrator 
                        shall issue a notice to inform the 
                        public of--
                                  (I) any pesticide that is 
                                listed on Annex III to the PIC 
                                Convention; and
                                  (II) any condition or 
                                restriction of an importing 
                                foreign state that is 
                                applicable to the import, in 
                                accordance with the PIC 
                                Convention, of the pesticide.
                          (ii) Timing.--A notice required under 
                        clause (i) shall be issued not later 
                        than 90 days after, and any conditions 
                        or restrictions described in clause 
                        (i)(II) shall take effect not later 
                        than 180 days after, the date of 
                        receipt of a notice from the 
                        Secretariat of the PIC Convention who--
                                  (I) transmits import 
                                decisions of the parties to the 
                                PIC Convention; or
                                  (II) provides notice of the 
                                failure of the parties to 
                                provide import decisions.
                          (iii) Treatment of conditions and 
                        restrictions.--A condition or 
                        restriction identified by a notice 
                        required under clause (i) shall be 
                        considered to be an export condition or 
                        restriction for the purpose of 
                        paragraph (9).
                  (D) Notice of exemption.--The Administrator 
                may issue a notice exempting any pesticide or 
                active ingredient used in producing a pesticide 
                from the requirements of paragraphs (9) through 
                (11) if the Administrator determines that the 
                exemption would be consistent with the PIC 
                Convention or POPs Convention.
          (13) Harmonization of pops convention and lrtap pops 
        protocol.--
                  (A) In general.--If a pesticide is both a 
                POPs pesticide and a LRTAP POPs pesticide, in 
                the case of a conflict between a provision of 
                this subsection applicable to a POPs pesticide 
                and a provision of this subsection applicable 
                to a LRTAP POPs pesticide, the more stringent 
                provision shall apply, as determined by the 
                Administrator.
                  (B) Application.--In the case of a pesticide 
                described in subparagraph (A), this paragraph 
                shall be applied in such a manner as to ensure 
                that the United States is in compliance with 
                its obligations under the POPs Convention and 
                the LRTAP POPs Protocol with respect to the 
                pesticide.
          (14) Harmonization of pops convention and pic 
        convention.--
                  (A) In general.--If the export of a pesticide 
                is addressed or restricted under paragraphs (2) 
                through (7) and paragraphs (9) through (12), 
                all of those paragraphs shall apply to the 
                pesticide.
                  (B) Conflict.--In the case of a conflict 
                between paragraphs (2) through (7) and 
                paragraphs (9) through (12) with respect to a 
                pesticide, the more stringent provision shall 
                govern.
                  (C) Application.--With respect to a 
                pesticide, paragraphs (2) through (12) shall be 
                applied in manner as to ensure that the United 
                States is in compliance with its obligations 
                under both the POPs Convention and the PIC 
                Convention with respect to the pesticide.
  (f) Regulations.--
          (1) In general.--The Administrator may promulgate 
        such regulations as the Administrator determines to be 
        necessary--
                  (A) to facilitate implementation of this 
                section;
                  (B) to allow the pre-export notice 
                requirement under this section and any pre-
                export notice requirement in other provisions 
                of this Act or in any other Federal law to be 
                satisfied by a single notice; and
                  (C) to ensure compliance with the PIC 
                Convention, the POPs Convention, and the LRTAP 
                POPs Protocol.
          (2) Importation of pesticides and devices.--The 
        Secretary of the Treasury, in consultation with the 
        Administrator, shall prescribe regulations for the 
        enforcement of subsection (c) of this section.

           *       *       *       *       *       *       *


                     Administrative Correspondence

Hon. J. Dennis Hastert,
Speaker, House of Representatives,
Washington, DC, September 8, 2006.
    Dear Mr. Speaker: The Administration would like to 
underscore the importance of the United States becoming a Party 
to the Stockholm Convention on Persistent Organic Pollutants, 
the Rotterdam Convention on the Prior Informed Consent 
Procedure for Certain Hazardous Chemicals and Pesticides in 
International Trade, and the Protocol on Persistent Organic 
Pollutants, negotiated under the United Nations Economic 
Commission for Europe's Convention on Long Range Transboundary 
Air Pollution.
    Passing legislation to implement these Agreements is a top 
priority for this Administration. President Bush, in a Rose 
Garden ceremony, stated that the Stockholm Convention on 
Persistent Organic Pollutants address ``a global environmental 
problem'' and that ``we must work to eliminate, or at least 
severely restrict, the release of the toxic substances, without 
delay.'' He also emphasized that the substances addressed by 
the treaty ``respect no boundaries and can harm Americans, even 
when released abroad.''
    The Administration expressed full support for H.R. 3849 and 
H.R. 4591, which were reported out of the House Agriculture and 
House Energy and Commerce Committees, respectively. These bills 
provide domestic authority for the United States to join and 
implement these Agreements. We encourage the House leadership 
to move forward in September with full floor consideration. As 
each year passes, the Parties to the Agreements make 
substantive and procedural decisions that determine their 
future direction. For this reason, it is critical that the 
United States has the ability to influence those decisions.
    Thank you for your support. You have our firm commitment to 
work together closely to enable the United States to join these 
very important international Agreements.
            Sincerely,
                                   Condoleezza Rice,
                                           Secretary of State.
                                   Stephen L. Johnson,
                                           Adminstrator, Environment-
                                             al Protection Agency.
                                   Mike Johanns,
                                           Secretary of Agriculture.
                                ------                                

Hon J. Dennis Hastert,
Speaker, House of Representatives,
Washington, DC, July 22, 2005.
    Dear Mr. Speaker: In a 2001 Rose Garden ceremony, the 
President called for the United States to join the Stockholm 
Convention on Persistent Organic Pollutants, also known as 
``POPs.'' In 2002, the Administration submitted proposed 
legislation to Congress that would enable us to join and 
participate in POPs, as well as the Protocol to the 1979 
Convention on Long Range Transboundary Air Pollution on 
Persistent Organic Pollutants and the Rotterdam Convention on 
the Prior Informed Consent Procedure for Certain Hazardous 
Chemicals and Pesticides in International Trade. We have 
welcomed the intensive work Congress committed to the 
legislative process throughout the last session. It is now 
critical that the legislative process be completed.
    In May, the U.S. delegation returned from the first POPs 
Conference of the Parties in Uruguay. Since we were not a 
party, we failed to obtain membership on an important committee 
that will review and make recommendations on additional 
chemicals for future inclusion on the POPs list. The U.S. role 
in POPs meetings could be further limited if Congress does not 
act quickly to adopt necessary implementing legislation, 
compounding the negative repercussions for U.S. leadership in 
international chemicals fora.
    The Senate and the House have made significant progress 
developing legislation that provides a solid foundation on 
which to rapidly conclude the process. We are committed to 
working closely with you and other Members of Congress to 
accomplish this shared objective.
    Thank you for your support on this effort.
            Sincerely,
                                   Stephen L. Johnson
                                           Administrator, Environment-
                                             al Protection Agency.
                                   Condoleezza Rice,
                                           Secretary of State.

                                  
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