H. R. 1627—39
informative summary required by subsection (d)(2)(A)(i) and
may, in issuing a proposed or final regulation or order under
this section, publish an informative summary of the data relat-
ing to the regulation or order.
‘‘(j) STATUS OF PREVIOUSLY ISSUED REGULATIONS.—
‘‘(1) REGULATIONS UNDER SECTION 406.—Regulations affect-
ing pesticide chemical residues in or on raw agricultural
commodities promulgated, in accordance with section 701(e),
under the authority of section 406(a) upon the basis of public
hearings instituted before January 1, 1953, shall be deemed
to be regulations issued under this section and shall be subject
to modification or revocation under subsections (d) and (e),
and shall be subject to review under subsection (q).
‘‘(2) REGULATIONS UNDER SECTION 409.—Regulations that
established tolerances for substances that are pesticide chemi-
cal residues in or on processed food, or that otherwise stated
the conditions under which such pesticide chemicals could be
safely used, and that were issued under section 409 on or
before the date of the enactment of this paragraph, shall be
deemed to be regulations issued under this section and shall
be subject to modification or revocation under subsection (d)
or (e), and shall be subject to review under subsection (q).
‘‘(3) REGULATIONS UNDER SECTION 408.—Regulations that
established tolerances or exemptions under this section that
were issued on or before the date of the enactment of this
paragraph shall remain in effect unless modified or revoked
under subsection (d) or (e), and shall be subject to review
under subsection (q).
‘‘(k) TRANSITIONAL PROVISION.—If, on the day before the date
of the enactment of this subsection, a substance that is a pesticide
chemical was, with respect to a particular pesticidal use of the
substance and any resulting pesticide chemical residue in or on
a particular food—
‘‘(1) regarded by the Administrator or the Secretary as
generally recognized as safe for use within the meaning of
the provisions of subsection (a) or section 201(s) as then in
effect; or
‘‘(2) regarded by the Secretary as a substance described
by section 201(s)(4);
such a pesticide chemical residue shall be regarded as exempt
from the requirement for a tolerance, as of the date of enactment
of this subsection. The Administrator shall by regulation indicate
which substances are described by this subsection. Any exemption
under this subsection may be modified or revoked as if it had
been issued under subsection (c).
‘‘(l) HARMONIZATION WITH ACTION UNDER OTHER LAWS.—
‘‘(1) COORDINATION WITH FIFRA.—To the extent practicable
and consistent with the review deadlines in subsection (q),
in issuing a final rule under this subsection that suspends
or revokes a tolerance or exemption for a pesticide chemical
residue in or on food, the Administrator shall coordinate such
action with any related necessary action under the Federal
Insecticide, Fungicide, and Rodenticide Act.
‘‘(2) REVOCATION OF TOLERANCE OR EXEMPTION FOLLOWING
CANCELLATION OF ASSOCIATED REGISTRATIONS.—If the Adminis-
trator, acting under the Federal Insecticide, Fungicide, and
Rodenticide Act, cancels the registration of each pesticide that
H. R. 1627—40
contains a particular pesticide chemical and that is labeled
for use on a particular food, or requires that the registration
of each such pesticide be modified to prohibit its use in connec-
tion with the production, storage, or transportation of such
food, due in whole or in part to dietary risks to humans posed
by residues of that pesticide chemical on that food, the Adminis-
trator shall revoke any tolerance or exemption that allows
the presence of the pesticide chemical, or any pesticide chemical
residue that results from its use, in or on that food. Subsection
(e) shall apply to actions taken under this paragraph. A revoca-
tion under this paragraph shall become effective not later than
180 days after—
‘‘(A) the date by which each such cancellation of a
registration has become effective; or
‘‘(B) the date on which the use of the canceled pesticide
becomes unlawful under the terms of the cancellation,
whichever is later.
‘‘(3) SUSPENSION OF TOLERANCE OR EXEMPTION FOLLOWING
SUSPENSION OF ASSOCIATED REGISTRATIONS.—
‘‘(A) SUSPENSION.—If the Administrator, acting under
the Federal Insecticide, Fungicide, and Rodenticide Act,
suspends the use of each registered pesticide that contains
a particular pesticide chemical and that is labeled for use
on a particular food, due in whole or in part to dietary
risks to humans posed by residues of that pesticide chemi-
cal on that food, the Administrator shall suspend any toler-
ance or exemption that allows the presence of the pesticide
chemical, or any pesticide chemical residue that results
from its use, in or on that food. Subsection (e) shall apply
to actions taken under this paragraph. A suspension under
this paragraph shall become effective not later than 60
days after the date by which each such suspension of
use has become effective.
‘‘(B) EFFECT
OF
SUSPENSION.—The suspension of a
tolerance or exemption under subparagraph (A) shall be
effective as long as the use of each associated registration
of a pesticide is suspended under the Federal Insecticide,
Fungicide, and Rodenticide Act. While a suspension of a
tolerance or exemption is effective the tolerance or exemp-
tion shall not be considered to be in effect. If the suspension
of use of the pesticide under that Act is terminated, leaving
the registration of the pesticide for such use in effect under
that Act, the Administrator shall rescind any associated
suspension of tolerance or exemption.
‘‘(4) TOLERANCES FOR UNAVOIDABLE RESIDUES.—In connec-
tion with action taken under paragraph (2) or (3), or with
respect to pesticides whose registrations were suspended or
canceled prior to the date of the enactment of this paragraph
under the Federal Insecticide, Fungicide, and Rodenticide Act,
if the Administrator determines that a residue of the canceled
or suspended pesticide chemical will unavoidably persist in
the environment and thereby be present in or on a food, the
Administrator may establish a tolerance for the pesticide chemi-
cal residue. In establishing such a tolerance, the Administrator
shall take into account both the factors set forth in subsection
(b)(2) and the unavoidability of the residue. Subsection (e)
shall apply to the establishment of such tolerance. The Adminis-
H. R. 1627—41
trator shall review any such tolerance periodically and modify
it as necessary so that it allows no greater level of the pesticide
chemical residue than is unavoidable.
‘‘(5) PESTICIDE RESIDUES RESULTING FROM LAWFUL APPLICA-
TION OF PESTICIDE.—Notwithstanding any other provision of
this Act, if a tolerance or exemption for a pesticide chemical
residue in or on a food has been revoked, suspended, or modified
under this section, an article of that food shall not be deemed
unsafe solely because of the presence of such pesticide chemical
residue in or on such food if it is shown to the satisfaction
of the Secretary that—
‘‘(A) the residue is present as the result of an applica-
tion or use of a pesticide at a time and in a manner
that was lawful under the Federal Insecticide, Fungicide,
and Rodenticide Act; and
‘‘(B) the residue does not exceed a level that was
authorized at the time of that application or use to be
present on the food under a tolerance, exemption, food
additive regulation, or other sanction then in effect under
this Act;
unless, in the case of any tolerance or exemption revoked,
suspended, or modified under this subsection or subsection
(d) or (e), the Administrator has issued a determination that
consumption of the legally treated food during the period of
its likely availability in commerce will pose an unreasonable
dietary risk.
‘‘(6) TOLERANCE FOR USE OF PESTICIDES UNDER AN EMER-
GENCY EXEMPTION.—If the Administrator grants an exemption
under section 18 of the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136p) for a pesticide chemical, the
Administrator shall establish a tolerance or exemption from
the requirement for a tolerance for the pesticide chemical resi-
due. Such a tolerance or exemption from a tolerance shall
have an expiration date. The Administrator may establish such
a tolerance or exemption without providing notice or a period
for comment on the tolerance or exemption. The Administrator
shall promulgate regulations within 365 days after the date
of the enactment of this paragraph governing the establishment
of tolerances and exemptions under this paragraph. Such regu-
lations shall be consistent with the safety standard under sub-
sections (b)(2) and (c)(2) and with section 18 of the Federal
Insecticide, Fungicide, and Rodenticide Act.
‘‘(m) FEES.—
‘‘(1) AMOUNT.—The Administrator shall by regulation
require the payment of such fees as will in the aggregate,
in the judgment of the Administrator, be sufficient over a
reasonable term to provide, equip, and maintain an adequate
service for the performance of the Administrator’s functions
under this section. Under the regulations, the performance
of the Administrator’s services or other functions under this
section, including—
‘‘(A) the acceptance for filing of a petition submitted
under subsection (d);
‘‘(B) establishing, modifying, leaving in effect, or revok-
ing a tolerance or establishing, modifying, leaving in effect,
or revoking an exemption from the requirement for a toler-
ance under this section;
H. R. 1627—42
‘‘(C) the acceptance for filing of objections under sub-
section (g); or
‘‘(D) the certification and filing in court of a transcript
of the proceedings and the record under subsection (h);
may be conditioned upon the payment of such fees. The regula-
tions may further provide for waiver or refund of fees in whole
or in part when in the judgment of the Administrator such
a waiver or refund is equitable and not contrary to the purposes
of this subsection.
‘‘(2) DEPOSIT.—All fees collected under paragraph (1) shall
be deposited in the Reregistration and Expedited Processing
Fund created by section 4(k) of the Federal Insecticide, Fun-
gicide, and Rodenticide Act. Such fees shall be available to
the Administrator, without fiscal year limitation, for the
performance of the Administrator’s services or functions as
specified in paragraph (1).
‘‘(n) NATIONAL UNIFORMITY OF TOLERANCES.—
‘‘(1) QUALIFYING PESTICIDE CHEMICAL RESIDUE.—For pur-
poses of this subsection, the term ‘qualifying pesticide chemical
residue’ means a pesticide chemical residue resulting from the
use, in production, processing, or storage of a food, of a pesticide
chemical that is an active ingredient and that—
‘‘(A) was first approved for such use in a registration
of a pesticide issued under section 3(c)(5) of the Federal
Insecticide, Fungicide, and Rodenticide Act on or after April
25, 1985, on the basis of data determined by the Adminis-
trator to meet all applicable requirements for data pre-
scribed by regulations in effect under that Act on April
25, 1985; or
‘‘(B) was approved for such use in a reregistration
eligibility determination issued under section 4(g) of that
Act on or after the date of enactment of this subsection.
‘‘(2) QUALIFYING FEDERAL DETERMINATION.—For purposes
of this subsection, the term ‘qualifying Federal determination’
means a tolerance or exemption from the requirement for a
tolerance for a qualifying pesticide chemical residue that—
‘‘(A) is issued under this section after the date of the
enactment of this subsection and determined by the
Administrator to meet the standard under subsection
(b)(2)(A) (in the case of a tolerance) or (c)(2) (in the case
of an exemption); or
‘‘(B)(i) pursuant to subsection (j) is remaining in effect
or is deemed to have been issued under this section, or
is regarded under subsection (k) as exempt from the
requirement for a tolerance; and
‘‘(ii) is determined by the Administrator to meet the
standard under subsection (b)(2)(A) (in the case of a toler-
ance) or (c)(2) (in the case of an exemption).
‘‘(3) LIMITATION.—The Administrator may make the deter-
mination described in paragraph (2)(B)(ii) only by issuing a
rule in accordance with the procedure set forth in subsection
(d) or (e) and only if the Administrator issues a proposed
rule and allows a period of not less than 30 days for comment
on the proposed rule. Any such rule shall be reviewable in
accordance with subsections (g) and (h).
‘‘(4) STATE AUTHORITY.—Except as provided in paragraphs
(5), (6), and (8) no State or political subdivision may establish
H. R. 1627—43
or enforce any regulatory limit on a qualifying pesticide chemi-
cal residue in or on any food if a qualifying Federal determina-
tion applies to the presence of such pesticide chemical residue
in or on such food, unless such State regulatory limit is identical
to such qualifying Federal determination. A State or political
subdivision shall be deemed to establish or enforce a regulatory
limit on a pesticide chemical residue in or on a food if it
purports to prohibit or penalize the production, processing,
shipping, or other handling of a food because it contains a
pesticide residue (in excess of a prescribed limit).
‘‘(5) PETITION PROCEDURE.—
‘‘(A) IN GENERAL.—Any State may petition the Adminis-
trator for authorization to establish in such State a regu-
latory limit on a qualifying pesticide chemical residue in
or on any food that is not identical to the qualifying Federal
determination applicable to such qualifying pesticide
chemical residue.
‘‘(B) PETITION
REQUIREMENTS.—Any petition under
subparagraph (A) shall—
‘‘(i) satisfy any requirements prescribed, by rule,
by the Administrator; and
‘‘(ii) be supported by scientific data about the pes-
ticide chemical residue that is the subject of the peti-
tion or about chemically related pesticide chemical resi-
dues, data on the consumption within such State of
food bearing the pesticide chemical residue, and data
on exposure of humans within such State to the pes-
ticide chemical residue.
‘‘(C) AUTHORIZATION.—The Administrator may, by
order, grant the authorization described in subparagraph
(A) if the Administrator determines that the proposed State
regulatory limit—
‘‘(i) is justified by compelling local conditions; and
‘‘(ii) would not cause any food to be a violation
of Federal law.
‘‘(D) TREATMENT.—In lieu of any action authorized
under subparagraph (C), the Administrator may treat a
petition under this paragraph as a petition under sub-
section (d) to modify or revoke a tolerance or an exemption.
If the Administrator determines to treat a petition under
this paragraph as a petition under subsection (d), the
Administrator shall thereafter act on the petition pursuant
to subsection (d).
‘‘(E) REVIEW.—Any order of the Administrator granting
or denying the authorization described in subparagraph
(A) shall be subject to review in the manner described
in subsections (g) and (h).
‘‘(6) URGENT PETITION PROCEDURE.—Any State petition to
the Administrator pursuant to paragraph (5) that demonstrates
that consumption of a food containing such pesticide residue
level during the period of the food’s likely availability in the
State will pose a significant public health threat from acute
exposure shall be considered an urgent petition. If an order
by the Administrator to grant or deny the requested authoriza-
tion in an urgent petition is not made within 30 days of receipt
of the petition, the petitioning State may establish and enforce
a temporary regulatory limit on a qualifying pesticide chemical
H. R. 1627—44
residue in or on the food. The temporary regulatory limit shall
be validated or terminated by the Administrator’s final order
on the petition.
‘‘(7) RESIDUES
FROM
LAWFUL
APPLICATION.—No State or
political subdivision may enforce any regulatory limit on the
level of a pesticide chemical residue that may appear in or
on any food if, at the time of the application of the pesticide
that resulted in such residue, the sale of such food with such
residue level was lawful under this section and under the
law of such State, unless the State demonstrates that consump-
tion of the food containing such pesticide residue level during
the period of the food’s likely availability in the State will
pose an unreasonable dietary risk to the health of persons
within such State.
‘‘(8) SAVINGS.—Nothing in this Act preempts the authority
of any State or political subdivision to require that a food
containing a pesticide chemical residue bear or be the subject
of a warning or other statement relating to the presence of
the pesticide chemical residue in or on such food.
‘‘(o) CONSUMER RIGHT TO KNOW.—Not later than 2 years after
the date of the enactment of the Food Quality Protection Act of
1996, and annually thereafter, the Administrator shall, in consulta-
tion with the Secretary of Agriculture and the Secretary of Health
and Human Services, publish in a format understandable to a
lay person, and distribute to large retail grocers for public display
(in a manner determined by the grocer), the following information,
at a minimum:
‘‘(1) A discussion of the risks and benefits of pesticide
chemical residues in or on food purchased by consumers.
‘‘(2) A listing of actions taken under subparagraph (B)
of subsection (b)(2) that may result in pesticide chemical resi-
dues in or on food that present a yearly or lifetime risk above
the risk allowed under subparagraph (A) of such subsection,
and the food on which the pesticide chemicals producing the
residues are used.
‘‘(3) Recommendations to consumers for reducing dietary
exposure to pesticide chemical residues in a manner consistent
with maintaining a healthy diet, including a list of food that
may reasonably substitute for food listed under paragraph (2).
Nothing in this subsection shall prevent retail grocers from
providing additional information.
‘‘(p) ESTROGENIC SUBSTANCES SCREENING PROGRAM.—
‘‘(1) DEVELOPMENT.—Not later than 2 years after the date
of enactment of this section, the Administrator shall in con-
sultation with the Secretary of Health and Human Services
develop a screening program, using appropriate validated test
systems and other scientifically relevant information, to deter-
mine whether certain substances may have an effect in humans
that is similar to an effect produced by a naturally occurring
estrogen, or such other endocrine effect as the Administrator
may designate.
‘‘(2) IMPLEMENTATION.—Not later than 3 years after the
date of enactment of this section, after obtaining public com-
ment and review of the screening program described in para-
graph (1) by the scientific advisory panel established under
section 25(d) of the Federal Insecticide, Fungicide, and
Rodenticide Act or the science advisory board established by
H. R. 1627—45
section 8 of the Environmental Research, Development, and
Demonstration Act of 1978 (42 U.S.C. 4365), the Administrator
shall implement the program.
‘‘(3) SUBSTANCES.—In carrying out the screening program
described in paragraph (1), the Administrator—
‘‘(A) shall provide for the testing of all pesticide chemi-
cals; and
‘‘(B) may provide for the testing of any other substance
that may have an effect that is cumulative to an effect
of a pesticide chemical if the Administrator determines
that a substantial population may be exposed to such sub-
stance.
‘‘(4) EXEMPTION.—Notwithstanding paragraph (3), the
Administrator may, by order, exempt from the requirements
of this section a biologic substance or other substance if the
Administrator determines that the substance is anticipated not
to produce any effect in humans similar to an effect produced
by a naturally occurring estrogen.
‘‘(5) COLLECTION OF INFORMATION.—
‘‘(A) IN GENERAL.—The Administrator shall issue an
order to a registrant of a substance for which testing is
required under this subsection, or to a person who manufac-
tures or imports a substance for which testing is required
under this subsection, to conduct testing in accordance
with the screening program described in paragraph (1),
and submit information obtained from the testing to the
Administrator, within a reasonable time period that the
Administrator determines is sufficient for the generation
of the information.
‘‘(B) PROCEDURES.—To the extent practicable the
Administrator shall minimize duplicative testing of the
same substance for the same endocrine effect, develop,
as appropriate, procedures for fair and equitable sharing
of test costs, and develop, as necessary, procedures for
handling of confidential business information.
‘‘(C) FAILURE
OF
REGISTRANTS
TO
SUBMIT
INFORMA-
TION.—
‘‘(i) SUSPENSION.—If a registrant of a substance
referred to in paragraph (3)(A) fails to comply with
an order under subparagraph (A) of this paragraph,
the Administrator shall issue a notice of intent to
suspend the sale or distribution of the substance by
the registrant. Any suspension proposed under this
paragraph shall become final at the end of the 30-
day period beginning on the date that the registrant
receives the notice of intent to suspend, unless during
that period a person adversely affected by the notice
requests a hearing or the Administrator determines
that the registrant has complied fully with this para-
graph.
‘‘(ii) HEARING.—If a person requests a hearing
under clause (i), the hearing shall be conducted in
accordance with section 554 of title 5, United States
Code. The only matter for resolution at the hearing
shall be whether the registrant has failed to comply
with an order under subparagraph (A) of this para-
graph. A decision by the Administrator after comple-
H. R. 1627—46
tion of a hearing shall be considered to be a final
agency action.
‘‘(iii) 
TERMINATION
OF
SUSPENSIONS.—The
Administrator shall terminate a suspension under this
subparagraph issued with respect to a registrant if
the Administrator determines that the registrant has
complied fully with this paragraph.
‘‘(D) NONCOMPLIANCE BY OTHER PERSONS.—Any person
(other than a registrant) who fails to comply with an order
under subparagraph (A) shall be liable for the same pen-
alties and sanctions as are provided under section 16 of
the Toxic Substances Control Act (15 U.S.C. 2601 and
following) in the case of a violation referred to in that
section. Such penalties and sanctions shall be assessed
and imposed in the same manner as provided in such
section 16.
‘‘(6) AGENCY ACTION.—In the case of any substance that
is found, as a result of testing and evaluation under this section,
to have an endocrine effect on humans, the Administrator shall,
as appropriate, take action under such statutory authority as
is available to the Administrator, including consideration under
other sections of this Act, as is necessary to ensure the protec-
tion of public health.
‘‘(7) REPORT TO CONGRESS.—Not later than 4 years after
the date of enactment of this section, the Administrator shall
prepare and submit to Congress a report containing—
‘‘(A) the findings of the Administrator resulting from
the screening program described in paragraph (1);
‘‘(B) recommendations for further testing needed to
evaluate the impact on human health of the substances
tested under the screening program; and
‘‘(C) recommendations for any further actions (includ-
ing any action described in paragraph (6)) that the
Administrator determines are appropriate based on the
findings.
‘‘(q) SCHEDULE FOR REVIEW.—
‘‘(1) IN GENERAL.—The Administrator shall review toler-
ances and exemptions for pesticide chemical residues in effect
on the day before the date of the enactment of the Food Quality
Protection Act of 1996, as expeditiously as practicable, assuring
that—
‘‘(A) 33 percent of such tolerances and exemptions are
reviewed within 3 years of the date of enactment of such
Act;
‘‘(B) 66 percent of such tolerances and exemptions are
reviewed within 6 years of the date of enactment of such
Act; and
‘‘(C) 100 percent of such tolerances and exemptions
are reviewed within 10 years of the date of enactment
of such Act.
In conducting a review of a tolerance or exemption, the
Administrator shall determine whether the tolerance or exemp-
tion meets the requirements of subsections (b)(2) or (c)(2) and
shall, by the deadline for the review of the tolerance or exemp-
tion, issue a regulation under subsection (d)(4) or (e)(1) to
modify or revoke the tolerance or exemption if the tolerance
or exemption does not meet such requirements.
H. R. 1627—47
‘‘(2) PRIORITIES.—In determining priorities for reviewing
tolerances and exemptions under paragraph (1), the Adminis-
trator shall give priority to the review of the tolerances or
exemptions that appear to pose the greatest risk to public
health.
‘‘(3) PUBLICATION OF SCHEDULE.—Not later than 12 months
after the date of the enactment of the Food Quality Protection
Act of 1996, the Administrator shall publish a schedule for
review of tolerances and exemptions established prior to the
date of the enactment of the Food Quality Protection Act of
1996. The determination of priorities for the review of toler-
ances and exemptions pursuant to this subsection is not a
rulemaking and shall not be subject to judicial review, except
that failure to take final action pursuant to the schedule estab-
lished by this paragraph shall be subject to judicial review.
‘‘(r) TEMPORARY TOLERANCE
OR EXEMPTION.—The Adminis-
trator may, upon the request of any person who has obtained
an experimental permit for a pesticide chemical under the Federal
Insecticide, Fungicide, and Rodenticide Act or upon the Administra-
tor’s own initiative, establish a temporary tolerance or exemption
for the pesticide chemical residue for the uses covered by the
permit. Subsections (b)(2), (c)(2), (d), and (e) shall apply to actions
taken under this subsection.
‘‘(s) SAVINGS CLAUSE.—Nothing in this section shall be con-
strued to amend or modify the provisions of the Toxic Substances
Control Act or the Federal Insecticide, Fungicide, and Rodenticide
Act.’’.
SEC. 406. AUTHORIZATION FOR INCREASED MONITORING.
For the fiscal years 1997 through 1999, there is authorized
to be appropriated in the aggregate an additional $12,000,000 for
increased monitoring by the Secretary of Health and Human Serv-
ices of pesticide residues in imported and domestic food.
SEC. 407. ALTERNATIVE ENFORCEMENT.
Section 303(g) (21 U.S.C. 333(f)) is amended—
(1) by redesignating paragraphs (2), (3), and (4) as para-
graphs (3), (4), and (5), respectively;
(2) by inserting after paragraph (1) the following:
‘‘(2)(A) Any person who introduces into interstate commerce
or delivers for introduction into interstate commerce an article
of food that is adulterated within the meaning of section 402(a)(2)(B)
shall be subject to a civil money penalty of not more than $50,000
in the case of an individual and $250,000 in the case of any
other person for such introduction or delivery, not to exceed
$500,000 for all such violations adjudicated in a single proceeding.
‘‘(B) This paragraph shall not apply to any person who grew
the article of food that is adulterated. If the Secretary assesses
a civil penalty against any person under this paragraph, the Sec-
retary may not use the criminal authorities under this section
to sanction such person for the introduction or delivery for introduc-
tion into interstate commerce of the article of food that is adulter-
ated. If the Secretary assesses a civil penalty against any person
under this paragraph, the Secretary may not use the seizure
authorities of section 304 or the injunction authorities of section
302 with respect to the article of food that is adulterated.
‘‘(C) In a hearing to assess a civil penalty under this paragraph,
the presiding officer shall have the same authority with regard
H. R. 1627—48
to compelling testimony or production of documents as a presiding
officer has under section 408(g)(2)(B). The third sentence of para-
graph (3)(A) shall not apply to any investigation under this para-
graph.’’;
(3) in paragraph (3), as so redesignated, by striking ‘‘para-
graph (1)’’ each place it occurs and inserting ‘‘paragraph (1)
or (2)’’;
(4) in paragraph (4), as so redesignated, by striking ‘‘(2)(A)’’
and inserting ‘‘(3)(A)’’; and
(5) in paragraph (5), as so redesignated, by striking ‘‘(3)’’
each place it occurs and inserting ‘‘(4)’’.
TITLE V—FEES
SEC. 501. REREGISTRATION FEES.
(a) SECTION 4(i).—Section 4(i) (7 U.S.C. 136a–1(i)), as amended
by section 232(2), is amended—
(1) in paragraphs (5)(H) and (6), by striking ‘‘1997’’ and
inserting ‘‘2001’’; and
(2) in paragraph (5)(C), by inserting ‘‘(i)’’ after ‘‘(C)’’ and
by adding at the end the following:
‘‘(ii) in each of the fiscal years 1998, 1999, and 2000,
the Administrator is authorized to collect up to an addi-
tional $2,000,000 in a manner consistent with subsection
(k)(5) and the recommendations of the Inspector General
of the Environmental Protection Agency. The total fees
that may be collected under this clause shall not exceed
$6,000,000.’’.
(b) SECTION 4(k)(1).—Section 4(k)(1) (7 U.S.C. 136a–1(k)(1))
is amended by inserting before the period the following: ‘‘which
shall be known as the Reregistration and Expedited Processing
Fund’’.
(c) SECTION 4(k)(2).—Section 4(k)(2) (7 U.S.C. 136a–1(k)(2)) is
amended to read as follows:
‘‘(2) SOURCE AND USE.—
‘‘(A) All moneys derived from fees collected by the
Administrator under subsection (i) shall be deposited in
the fund and shall be available to the Administrator, with-
out fiscal year limitation, specifically to offset the costs
of reregistration and expedited processing of the applica-
tions specified in paragraph (3). Such moneys derived from
fees may not be expended in any fiscal year to the extent
such moneys derived from fees would exceed money appro-
priated for use by the Administrator and expended in such
year for such costs of reregistration and expedited process-
ing of such applications. The Administrator shall, prior
to expending any such moneys derived from fees—
‘‘(i) effective October 1, 1997, adopt specific and
cost accounting rules and procedures as approved by
the General Accounting Office and the Inspector Gen-
eral of the Environmental Protection Agency to ensure
that moneys derived from fees are allocated solely to
the costs of reregistration and expedited processing
of the applications specified in paragraph (3) in the
same portion as appropriated funds;
H. R. 1627—49
‘‘(ii) prohibit the use of such moneys derived from
fees to pay for any costs other than those necessary
to achieve reregistration and expedited processing of
the applications specified in paragraph (3); and
‘‘(iii) ensure that personnel and facility costs asso-
ciated with the functions to be carried out under this
paragraph do not exceed agency averages for com-
parable personnel and facility costs.
‘‘(B) The Administrator shall also—
‘‘(i) complete the review of unreviewed reregistra-
tion studies required to support the reregistration eligi-
bility decisions scheduled for completion in accordance
with subsection (l)(2); and
‘‘(ii) contract for such outside assistance as may
be necessary for review of required studies, using a
generally accepted competitive process for the selection
of vendors of such assistance.’’.
(d) SECTION 4(k)(3).—Section 4(k)(3) (7 U.S.C. 136a–1(k)(3))
is amended—
(1) in subparagraph (A), by striking out ‘‘for each of the
fiscal years 1992, 1993, and 1994, 1⁄7th of the maintenance
fees collected, up to 2 million each year’’ and inserting in
lieu thereof ‘‘for each of the fiscal years 1997 through 2001,
not more than 1⁄7 of the maintenance fees collected in such
fiscal year’’; and
(2) by adding a new subparagraph (C) to read as follows:
‘‘(C) So long as the Administrator has not met the
time frames specified in clause (ii) of section 3(c)(3)(B)
with respect to any application subject to section 3(c)(3)(B)
that was received prior to the date of enactment of the
Food Quality Protection Act of 1996, the Administrator
shall use the full amount of the fees specified in subpara-
graph (A) for the purposes specified therein. Once all
applications subject to section 3(c)(3)(B) that were received
prior to such date of enactment have been acted upon,
no limitation shall be imposed by the preceding sentence
of this subparagraph so long as the Administrator meets
the time frames specified in clause (ii) of section 3(c)(3)(B)
on 90 percent of affected applications in a fiscal year.
Should the Administrator not meet such time frames in
a fiscal year, the limitations imposed by the first sentence
of this subparagraph shall apply until all overdue applica-
tions subject to section 3(c)(3)(B) have been acted upon.’’.
(e) SECTION 4(k)(5).—Section 4(k)(5) (7 U.S.C. 136a–1(k)(5))
is amended to read as follows:
‘‘(5) ACCOUNTING AND PERFORMANCE.—The Administrator
shall take all steps necessary to ensure that expenditures from
fees authorized by subsection (i)(5)(C)(ii) are used only to carry
out the goals established under subsection (l). The Reregistra-
tion and Expedited Processing Fund shall be designated as
an Environmental Protection Agency component for purposes
of section 3515(c) of title 31, United States Code. The annual
audit required under section 3521 of such title of the financial
statements of activities under this Act under section 3515(b)
of such title shall include an audit of the fees collected under
subsection (i)(5)(C) and disbursed, of the amount appropriated
to match such fees, and of the Administrator’s attainment
H. R. 1627—50
of performance measures and goals established under sub-
section (l). Such an audit shall also include a review of the
reasonableness of the overhead allocation and adequacy of
disclosures of direct and indirect costs associated with carrying
out the reregistration and expedited processing of the applica-
tions specified in paragraph (3), and the basis for and accuracy
of all costs paid with moneys derived from such fees. The
Inspector General shall conduct the annual audit and report
the findings and recommendations of such audit to the Adminis-
trator and to the Committees on Agriculture of the House
of Representatives and the Senate. The cost of such audit
shall be paid for out of the fees collected under subsection
(i)(5)(C).’’.
(f) GOALS.—Subsections (l) and (m) of section 4 (7 U.S.C.
136a–1), as amended by section 237, are redesignated as subsections
(m) and (n) respectively and the following is inserted after sub-
section (k):
‘‘(l) PERFORMANCE MEASURES AND GOAL.—The Administrator
shall establish and publish annually in the Federal Register
performance measures and goals. Such measures and goals shall
include—
‘‘(1) the number of products reregistered, canceled, or
amended, the status of reregistration, the number and type
of data requests under section 3(c)(2)(B) issued to support prod-
uct reregistration by active ingredient, the progress in reducing
the number of unreviewed, required reregistration studies, the
aggregate status of tolerances reassessed, and the number of
applications for registration submitted under subsection (k)(3)
that were approved or disapproved;
‘‘(2) the future schedule for reregistrations, including the
projection for such schedules that will be issued under sub-
section (g)(2)(A) and (B) in the current fiscal year and the
succeeding fiscal year; and
‘‘(3) the projected year of completion of the reregistrations
under this section.’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.