I

104TH CONGRESS

1ST SESSION H. R. 53

To amend the Federal Insecticide, Fungicide, and Rodenticide Act with

respect to public health pesticides.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 4, 1995

Mr. DOOLEY (for himself, Mr. EMERSON, and Mr. HERGER) introduced the

following bill; which was referred to the Committee on Agriculture

A BILL

To amend the Federal Insecticide, Fungicide, and

Rodenticide Act with respect to public health pesticides.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE, REFERENCE.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Public Health Pesticides Protection Act of 1995’’.

6 (b) REFERENCE.—Whenever in this Act an amend7 ment or repeal is expressed in terms of an amendment

8 to, or repeal of, a section or other provision, the reference

9 shall be considered to be made to a section or other provi-
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1 sion of the Federal Insecticide, Fungicide, and

2 Rodenticide Act.

3 SEC. 2. DEFINITIONS.

4 (a) ADVERSE EFFECTS.—Section 2(bb) (7 U.S.C.

5 136(bb)) is amended by adding at the end the following:

6 ‘‘The Administrator shall consider the risks and benefits

7 of public health pesticides separate from the risks and

8 benefits of other pesticides. In weighing any regulatory ac9 tion concerning a public health pesticide under this Act,

10 the Administrator shall weigh any risks of the pesticide

11 against the health risks such as the diseases transmitted

12 by the vector to be controlled by the pesticide.’’.

13 (b) NEW DEFINITIONS.—Section 2 (7 U.S.C. 136)

14 is amended by adding at the end the following:

15 ‘‘(hh) MINOR USE.—The term ‘minor use’ means the

16 total anticipated small volume use of any pesticide product

17 against a particular pest or group of pests which, by itself,

18 would not economically justify a full, separate pesticide

19 registration. Wherever a minor use is designated in this

20 Act for agricultural crop production or agricultural uses,

21 such term includes any use intended to protect the public

22 from insects or other pests or the diseases which such

23 pests may transmit to man or domestic animals.

24 ‘‘(ii) PUBLIC HEALTH PESTICIDE.—The term ‘public

25 health pesticide’ means any minor use pesticide product
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1 registered for use and used predominantly in public health

2 programs for vector control or for other recognized health

3 protection uses, including the prevention or mitigation of

4 viruses, bacteria, or other microorganisms (other than vi5 ruses, bacteria, or other microorganisms on or in living

6 man or other living animal) that pose a threat to public

7 health.

8 ‘‘(jj) VECTOR.—The term ‘vector’ means any animal

9 capable of transmitting the causative agent of human dis10 ease or capable of producing human discomfort or injury,

11 including mosquitoes, flies, fleas, cockroaches, or other in12 sects and ticks, mites, or rats.’’.

13 SEC. 3. REGISTRATION.

14 Section 3(c)(2)(A) (7 U.S.C. 136a(c)(2)(A)) is

15 amended—

16 (1) by inserting after ‘‘pattern of use,’’ the fol17 lowing: ‘‘the public health and agricultural need for

18 such minor use,’’, and

19 (2) by striking out ‘‘potential exposure of man

20 and the environment to the pesticide’’ and inserting

21 in lieu thereof ‘‘potential beneficial or adverse effects

22 on man and the environment’’.

23 SEC. 4. REREGISTRATION.

24 Section 4 (7 U.S.C. 136a–1) is amended—
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1 (1) in subsection (i)(4), by redesignating sub2 paragraphs (B) and (C) as subparagraphs (C) and

3 (D), respectively and by adding after subparagraph

4 (A) the following:

5 ‘‘(B) Any pesticide defined as a public

6 health pesticide of which more than 50 percent

7 of its usage is devoted to the promotion of pub8 lic health shall be exempt from fees prescribed

9 by paragraph (3).’’;

10 (2) in subsection (i)(5), by redesignating sub11 paragraphs (F) and (G) as subparagraphs (G) and

12 (H), respectively, and by adding after subparagraph

13 (E) the following:

14 ‘‘(F) An end use product that is registered

15 for a public health pesticide of which at least 50

16 percent of its usage is devoted to the promotion

17 of public health shall be exempt from the fees

18 prescribed by this paragraph.’’;

19 (3) in subsection (i)(7)(B), by striking out ‘‘or

20 to determine’’ and inserting in lieu thereof ‘‘, to de21 termine’’ and by inserting before the period the fol22 lowing: ‘‘, or to determine the volume usage for pub23 lic health pesticides’’; and

24 (4) in subsection (k)(3)(A), by striking out ‘‘or’’

25 at the end of clause (i), by striking the period at the
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1 end of clause (ii) and inserting in lieu thereof ‘‘; or’’,

2 and by inserting after clause (ii) the following:

3 ‘‘(iii) proposes the initial or amended

4 registration of an end use pesticide that, if

5 registered as proposed, would be used for

6 a public health pesticide.’’.

7 SEC. 5. CANCELLATION.

8 Section 6(b) is amended by striking out ‘‘or’’ at the

9 end of paragraph (1), by striking out the period at the

10 end of paragraph (2) and inserting in lieu thereof ‘‘; or’’,

11 and by adding after paragraph (2) the following:

12 ‘‘(3) if a pesticide is registered or proposed for

13 registration for public health uses, to send the notice

14 specified in this subsection to the Secretary of

15 Health and Human Services for review.

16 The Secretary of Health and Human Services shall com17 ment under paragraph (3) in accordance with the proce18 dures followed and subject to the same conditions as com19 ments by the Secretary of Agriculture in the case of agri20 cultural pesticides.’’.

21 SEC. 6. VIEWS.

22 Section 21 (7 U.S.C. 136s) is amended by redesignat23 ing subsections (b) and (c) as subsections (c) and (d),

24 respectively, and by adding after subsection (a) the

25 following:
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1 ‘‘(b) SECRETARY OF HEALTH AND HUMAN SERV2 ICES.—The Administrator, before publishing regulations

3 under this Act for any public health pesticide, shall solicit

4 the views of the Secretary of Health and Human Services

5 in the same manner as the views of the Secretary of Agri6 culture are solicited under section 25(a).’’.

7 SEC. 7. AUTHORITY OF ADMINISTRATOR.

8 Section 25(a)(1) (7 U.S.C. 136w(a)(1)) is amend9 ed—

10 (1) by inserting after ‘‘various classes of pes11 ticides’’ the following: ‘‘, including public health pes12 ticides,’’, and

13 (2) by striking out ‘‘and nonagricultural pes14 ticides’’ and inserting in lieu thereof ‘‘, non-agricul15 tural, and public health pesticides’’.

16 SEC. 8. IDENTIFICATION OF PESTS.

17 Section 28 (7 U.S.C. 136w–3) is amended by adding

18 at the end the following:

19 ‘‘(d) PUBLIC HEALTH PESTS.—The Administrator,

20 in coordination with the Secretary of Health and Human

21 Services, shall identify pests of significant public health

22 importance and, in coordination with the Public Health

23 Service, develop and implement programs to improve and

24 facilitate the safe and necessary use of chemical, biologi-
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1 cal, and other methods to combat and control such pests

2 of public health importance.’’.

3 SEC. 9. PUBLIC HEALTH PESTICIDES.

4 The Federal Insecticide, Fungicide, and Rodenticide

5 Act is amended by adding at the end the following:

6 ‘‘SEC. 32. PUBLIC HEALTH PESTICIDES.

7 ‘‘The Administrator, in conjunction with the Sec8 retary of Health and Human Services, shall submit an an9 nual report to the Congress by March 1 of each year de10 scribing the uses of public health pesticides to promote

11 human health protection in the United States. The report

12 shall include—

13 ‘‘(1) an analysis of vector control practices,

14 ‘‘(2) an analysis of the approximately 50 dis15 eases which are associated with arthropods or other

16 vectors, including a consideration of the impact of

17 vector control on the incidence of such diseases,

18 ‘‘(3) an analysis of the role of IPM in vector

19 control and how agricultural IPM practices impact

20 public health vector control, and

21 ‘‘(4) an analysis of public health pesticides, in22 cluding the benefits of vectored disease prevention

23 and a comparison of such benefits to the relative

24 risks of the use of public health pesticides and the

25 risks of vectored diseases.’’.
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1 SEC. 10. PUBLIC HEALTH DATA.

2 Section 4 (7 U.S.C. 136a) is amended by adding at

3 the end the following:

4 ‘‘(m) AUTHORIZATION OF FUNDS TO DEVELOP PUB5 LIC HEALTH DATA.—

6 ‘‘(1) DEFINITION.—For the purposes of this

7 section, Secretary means the Secretary of Health

8 and Human Services, acting through the Public

9 Health Service.

10 ‘‘(2) CONSULTATION.—In the case of a pes11 ticide registered for use in public health programs

12 for vector control or for other uses the Adminis13 trator determines to be human health protection

14 uses, the Administrator shall, upon timely request by

15 the registrant or any other interested person, or on

16 the Administrator’s own initiative may, consult with

17 the Secretary prior to taking final action to suspend

18 registration under section 3(c)(2)(B)(iv), or cancel a

19 registration under sections 4, 6(e), or 6(f). In con20 sultation with the Secretary, the Administrator shall

21 prescribe the form and content of requests under

22 this section.

23 ‘‘(3) BENEFITS TO SUPPORT FAMILY.—The Ad24 ministrator, after consulting with the Secretary,

25 shall make a determination whether the potential

26 benefits of continued use of the pesticide for public
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1 health or health protection purposes are of such sig2 nificance as to warrant a commitment by the Sec3 retary to conduct or to arrange for the conduct of

4 the studies required by the Administrator to support

5 continued registration under section 3 or registra6 tion under section 4.

7 ‘‘(4) ADDITIONAL TIME.—If the Administrator

8 determines that such a commitment is warranted

9 and in the public interest, the Administrator shall

10 notify the Secretary and shall, to the extent nec11 essary, amend a notice issued under section

12 3(c)(2)(B) to specify additional reasonable time peri13 ods for submission of the data.

14 ‘‘(5) ARRANGEMENTS.—The Secretary shall

15 make such arrangements for the conduct of required

16 studies as the Secretary finds necessary and appro17 priate to permit submission of data in accordance

18 with the time periods prescribed by the Adminis19 trator. Such arrangements may include Public

20 Health Service intramural research activities, grants,

21 contracts, or cooperative agreements with academic,

22 public health, or other organizations qualified by ex23 perience and training to conduct such studies.

24 ‘‘(6) SUPPORT.—The Secretary may provide for

25 support of the required studies using funds author-
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1 ized to be appropriated under this section, the Pub2 lic Health Service Act, or other appropriate authori3 ties. After a determination is made under subsection

4 (d), the Secretary shall notify the Committees on

5 Appropriations of the House of Representatives and

6 the Senate of the sums required to conduct the nec7 essary studies.

8 ‘‘(7) AUTHORIZATION.—There is authorized to

9 be appropriated to carry out the purposes of this

10 section $12,000,000 for fiscal year 1993, and such

11 sums as may be necessary for succeeding fiscal

12 years.’’.

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