H. R. 1627—2
SEC. 103. TOLERANCE REEVALUATION AS PART OF REREGISTRATION.
Section 4(g)(2) (7 U.S.C. 136a–1(g)(2)) is amended by adding
at the end the following:
‘‘(E) As soon as the Administrator has sufficient
information with respect to the dietary risk of a particular
active ingredient, but in any event no later than the time
the Administrator makes a determination under subpara-
graph (C) or (D) with respect to pesticides containing a
particular active ingredient, the Administrator shall—
‘‘(i) reassess each associated tolerance and exemp-
tion from the requirement for a tolerance issued under
section 408 of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 346a);
‘‘(ii) determine whether such tolerance or exemp-
tion meets the requirements of that Act;
‘‘(iii) determine whether additional tolerances or
exemptions should be issued;
‘‘(iv) publish in the Federal Register a notice set-
ting forth the determinations made under this subpara-
graph; and
‘‘(v) commence promptly such proceedings under
this Act and section 408 of the Federal Food, Drug,
and Cosmetic Act as are warranted by such determina-
tions.’’.
SEC. 104. SCIENTIFIC ADVISORY PANEL.
Section 25(d) (7 U.S.C. 136w(d)) is amended—
(1) in the first sentence, by striking ‘‘The Administrator
shall’’ and inserting:
‘‘(1) IN GENERAL.—The Administrator shall’’; and
(2) by adding at the end the following:
‘‘(2) SCIENCE
REVIEW
BOARD.—There is established a
Science Review Board to consist of 60 scientists who shall
be available to the Scientific Advisory Panel to assist in reviews
conducted by the Panel. Members of the Board shall be selected
in the same manner as members of temporary subpanels cre-
ated under paragraph (1). Members of the Board shall be com-
pensated in the same manner as members of the Panel.’’.
SEC. 105. NITROGEN STABILIZER.
(a) SECTION 2.—Section 2 (7 U.S.C. 136) is amended—
(1) in subsection (a)—
(A) in paragraph (1) by striking ‘‘or’’ after ‘‘defoliant,’’
and inserting ‘‘, or nitrogen stabilizer’’ after ‘‘desiccant’’;
(B) at the end of paragraph (3) by striking ‘‘and’’;
(C) at the end of paragraph (4) by striking the period
and inserting ‘‘; and’’; and
(D) at the end by adding the following:
‘‘(5) in the case of a nitrogen stabilizer, an ingredient
which will prevent or hinder the process of nitrification,
denitrification, ammonia volatilization, or urease production
through action affecting soil bacteria.’’;
(2) in subsection (u), by striking ‘‘and’’ before ‘‘(2)’’ and
by inserting ‘‘and (3) any nitrogen stabilizer,’’ after ‘‘desiccant,’’;
and
(3) at the end by adding the following:
H. R. 1627—3
‘‘(hh) NITROGEN STABILIZER.—The term ‘nitrogen stabilizer’
means any substance or mixture of substances intended for prevent-
ing or hindering the process of nitrification, denitrification, ammo-
nia volatilization, or urease production through action upon soil
bacteria. Such term shall not include—
‘‘(1) dicyandiamide;
‘‘(2) ammonium thiosulfate; or
‘‘(3) any substance or mixture of substances.—
‘‘(A) that was not registered pursuant to section 3
prior to January 1, 1992; and
‘‘(B) that was in commercial agronomic use prior to
January 1, 1992, with respect to which after January 1,
1992, the distributor or seller of the substance or mixture
has made no specific claim of prevention or hindering of
the process of nitrification, denitrification, ammonia vola-
tilization urease production regardless of the actual use
or purpose for, or future use or purpose for, the substance
or mixture.
Statements made in materials required to be submitted to any
State legislative or regulatory authority, or required by such author-
ity to be included in the labeling or other literature accompanying
any such substance or mixture shall not be deemed a specific
claim within the meaning of this subsection.’’.
(b) SECTION 3(f).—Section 3(f) (7 U.S.C. 136a(f)) is amended
by adding at the end the following:
‘‘(4) MIXTURES OF NITROGEN STABILIZERS AND FERTILIZER
PRODUCTS.—Any mixture or other combination of—
‘‘(A) 1 or more nitrogen stabilizers registered under
this Act; and
‘‘(B) 1 or more fertilizer products,
shall not be subject to the provisions of this section or sections
4, 5, 7, 15, and 17(a)(2) if the mixture or other combination
is accompanied by the labeling required under this Act for
the nitrogen stabilizer contained in the mixture or other com-
bination, the mixture or combination is mixed or combined
in accordance with such labeling, and the mixture or combina-
tion does not contain any active ingredient other than the
nitrogen stabilizer.’’.
SEC. 106. PERIODIC REGISTRATION REVIEW.
(a) SECTION 6.—Section 6 (7 U.S.C. 136d) is amended—
(1) in subsection (a), by striking the heading and inserting
the following:
‘‘(a) EXISTING STOCKS AND INFORMATION.—’’; and
(2) by amending paragraph (1) of subsection (a) to read
as follows:
‘‘(1) EXISTING STOCKS.—The Administrator may permit the
continued sale and use of existing stocks of a pesticide whose
registration is suspended or canceled under this section, or
section 3 or 4, to such extent, under such conditions, and
for such uses as the Administrator determines that such sale
or use is not inconsistent with the purposes of this Act.’’.
(b) SECTION 3.—Section 3 (7 U.S.C. 136a) is amended by adding
at the end the following:
‘‘(g) REGISTRATION REVIEW.—
‘‘(1)(A) GENERAL RULE.—The registrations of pesticides are
to be periodically reviewed. The Administrator shall by regula-
H. R. 1627—4
tion establish a procedure for accomplishing the periodic review
of registrations. The goal of these regulations shall be a review
of a pesticide’s registration every 15 years. No registration
shall be canceled as a result of the registration review process
unless the Administrator follows the procedures and sub-
stantive requirements of section 6.
‘‘(B) LIMITATION.—Nothing in this subsection shall prohibit
the Administrator from undertaking any other review of a
pesticide pursuant to this Act.
‘‘(2)(A) DATA.—The Administrator shall use the authority
in subsection (c)(2)(B) to require the submission of data when
such data are necessary for a registration review.
‘‘(B) DATA SUBMISSION, COMPENSATION, AND EXEMPTION.—
For purposes of this subsection, the provisions of subsections
(c)(1), (c)(2)(B), and (c)(2)(D) shall be utilized for and be
applicable to any data required for registration review.’’.
Subtitle B—Training for Maintenance
Applicators and Service Technicians
SEC. 120. MAINTENANCE APPLICATORS AND SERVICE TECHNICIANS
DEFINITIONS.
Section 2 (7 U.S.C. 136), as amended by section 106, is amended
by adding at the end the following:
‘‘(jj) 
MAINTENANCE
APPLICATOR.—The 
term 
‘maintenance
applicator’ means any individual who, in the principal course of
such individual’s employment, uses, or supervises the use of, a
pesticide not classified for restricted use (other than a ready to
use consumer products pesticide); for the purpose of providing struc-
tural pest control or lawn pest control including janitors, general
maintenance personnel, sanitation personnel, and grounds mainte-
nance personnel. The term ‘maintenance applicator’ does not include
private applicators as defined in section 2(e)(2); individuals who
use antimicrobial pesticides, sanitizers or disinfectants; individuals
employed by Federal, State, and local governments or any political
subdivisions thereof, or individuals who use pesticides not classified
for restricted use in or around their homes, boats, sod farms,
nurseries, greenhouses, or other noncommercial property.
‘‘(kk) SERVICE
TECHNICIAN.—The term ‘service technician’
means any individual who uses or supervises the use of pesticides
(other than a ready to use consumer products pesticide) for the
purpose of providing structural pest control or lawn pest control
on the property of another for a fee. The term ‘service technician’
does not include individuals who use antimicrobial pesticides, sani-
tizers or disinfectants; or who otherwise apply ready to use
consumer products pesticides.’’.
SEC. 121. MINIMUM REQUIREMENTS FOR TRAINING OF MAINTENANCE
APPLICATORS AND SERVICE TECHNICIANS.
The Federal Insecticide, Fungicide, and Rodenticide Act (7
U.S.C. 136 et seq.) is amended—
(1) by redesignating sections 30 and 31 as sections 33
and 34, respectively; and
(2) by adding after section 29 the following:
H. R. 1627—5
‘‘SEC. 30. MINIMUM REQUIREMENTS FOR TRAINING OF MAINTENANCE
APPLICATORS AND SERVICE TECHNICIANS.
‘‘Each State may establish minimum requirements for training
of maintenance applicators and service technicians. Such training
may include instruction in the safe and effective handling and
use of pesticides in accordance with the Environmental Protection
Agency approved labeling, and instruction in integrated pest
management techniques. The authority of the Administrator with
respect to minimum requirements for training of maintenance
applicators and service technicians shall be limited to ensuring
that each State understands the provisions of this section.’’.
TITLE II—MINOR USE CROP PROTEC-
TION, 
ANTIMICROBIAL 
PESTICIDE
REGISTRATION REFORM, AND PUBLIC
HEALTH PESTICIDES
SEC. 201. REFERENCE.
Whenever in this title an amendment or repeal is expressed
in terms of an amendment to, or repeal of, a section or other
provision, the reference shall be considered to be made to a section
or other provision of the Federal Insecticide, Fungicide, and
Rodenticide Act.
Subtitle A—Minor Use Crop Protection
SEC. 210. MINOR CROP PROTECTION.
(a) DEFINITION.—Section 2 (7 U.S.C. 136), as amended by sec-
tion 120, is further amended by adding at the end the following:
‘‘(ll) MINOR USE.—The term ‘minor use’ means the use of a
pesticide on an animal, on a commercial agricultural crop or site,
or for the protection of public health where—
‘‘(1) the total United States acreage for the crop is less
than 300,000 acres, as determined by the Secretary of Agri-
culture; or
‘‘(2) the Administrator, in consultation with the Secretary
of Agriculture, determines that, based on information provided
by an applicant for registration or a registrant, the use does
not provide sufficient economic incentive to support the initial
registration or continuing registration of a pesticide for such
use and—
‘‘(A) there are insufficient efficacious alternative reg-
istered pesticides available for the use;
‘‘(B) the alternatives to the pesticide use pose greater
risks to the environment or human health;
‘‘(C) the minor use pesticide plays or will play a signifi-
cant part in managing pest resistance; or
‘‘(D) the minor use pesticide plays or will play a signifi-
cant part in an integrated pest management program.
The status as a minor use under this subsection shall continue
as long as the Administrator has not determined that, based on
existing data, such use may cause an unreasonable adverse effect
on the environment and the use otherwise qualifies for such status.’’.
H. R. 1627—6
(b) EXCLUSIVE
USE
OF
MINOR
USE
PESTICIDES.—Section
3(c)(1)(F) (7 U.S.C. 136a(c)(1)(F)) is amended—
(1) by redesignating clauses (ii) and (iii) as clauses (iii)
and (iv), respectively; and
(2) by inserting after clause (i) the following:
‘‘(ii) The period of exclusive data use provided
under clause (i) shall be extended 1 additional year
for each 3 minor uses registered after the date of
enactment of this clause and within 7 years of the
commencement of the exclusive use period, up to a
total of 3 additional years for all minor uses registered
by the Administrator if the Administrator, in consulta-
tion with the Secretary of Agriculture, determines that,
based on information provided by an applicant for reg-
istration or a registrant, that—
‘‘(I) there are insufficient efficacious alter-
native registered pesticides available for the use;
‘‘(II) the alternatives to the minor use pesticide
pose greater risks to the environment or human
health;
‘‘(III) the minor use pesticide plays or will
play a significant part in managing pest resistance;
or
‘‘(IV) the minor use pesticide plays or will
play a significant part in an integrated pest
management program.
The registration of a pesticide for a minor use on
a crop grouping established by the Administrator shall
be considered for purposes of this clause 1 minor use
for each representative crop for which data are pro-
vided in the crop grouping. Any additional exclusive
use period under this clause shall be modified as appro-
priate or terminated if the registrant voluntarily can-
cels the product or deletes from the registration the
minor uses which formed the basis for the extension
of the additional exclusive use period or if the Adminis-
trator determines that the registrant is not actually
marketing the product for such minor uses.’’;
(3) in clause (iv), as amended by paragraph (1), by striking
‘‘and (ii)’’ and inserting ‘‘, (ii), and (iii)’’; and
(4) at the end of the section, as amended by paragraph
(1), by adding the following:
‘‘(v) The period of exclusive use provided under
clause (ii) shall not take effect until 1 year after enact-
ment of this clause, except where an applicant or reg-
istrant is applying for the registration of a pesticide
containing an active ingredient not previously reg-
istered.
‘‘(vi) With respect to data submitted after the date
of enactment of this clause by an applicant or reg-
istrant to support an amendment adding a new use
to an existing registration that does not retain any
period of exclusive use, if such data relates solely to
a minor use of a pesticide, such data shall not, without
the written permission of the original data submitter,
be considered by the Administrator to support an
application for a minor use by another person during
H. R. 1627—7
the period of 10 years following the date of submission
of such data. The applicant or registrant at the time
the new minor use is requested shall notify the
Administrator that to the best of their knowledge the
exclusive use period for the pesticide has expired and
that the data pertaining solely to the minor use of
a pesticide is eligible for the provisions of this para-
graph. If the minor use registration which is supported
by data submitted pursuant to this subsection is volun-
tarily canceled or if such data are subsequently used
to support a nonminor use, the data shall no longer
be subject to the exclusive use provisions of this clause
but shall instead be considered by the Administrator
in accordance with the provisions of clause (i), as appro-
priate.’’.
(c) TIME EXTENSIONS FOR DEVELOPMENT OF MINOR USE DATA.—
(1) 
DATA
CALL-IN.—Section 
3(c)(2)(B) 
(7 
U.S.C.
136a(c)(2)(B)) is amended by adding at the end the following:
‘‘(vi) Upon the request of a registrant the Administrator
shall, in the case of a minor use, extend the deadline
for the production of residue chemistry data under this
subparagraph for data required solely to support that minor
use until the final deadline for submission of data under
section 4 for the other uses of the pesticide established
as of the date of enactment of the Food Quality Protection
Act of 1996, if—
‘‘(I) the data to support other uses of the pesticide
on a food are being provided;
‘‘(II) the registrant, in submitting a request for
such an extension, provides a schedule, including
interim dates to measure progress, to assure that the
data production will be completed before the expiration
of the extension period;
‘‘(III) the Administrator has determined that such
extension will not significantly delay the Administra-
tor’s schedule for issuing a reregistration eligibility
determination required under section 4; and
‘‘(IV) the Administrator has determined that based
on existing data, such extension would not significantly
increase the risk of any unreasonable adverse effect
on the environment. If the Administrator grants an
extension under this clause, the Administrator shall
monitor the development of the data and shall ensure
that the registrant is meeting the schedule for the
production of the data. If the Administrator determines
that the registrant is not meeting or has not met
the schedule for the production of such data, the
Administrator may proceed in accordance with clause
(iv) regarding the continued registration of the affected
products with the minor use and shall inform the public
of such action. Notwithstanding the provisions of this
clause, the Administrator may take action to modify
or revoke the extension under this clause if the
Administrator determines that the extension for the
minor use may cause an unreasonable adverse effect
on the environment. In such circumstance, the
Administrator shall provide, in writing to the reg-
H. R. 1627—8
istrant, a notice revoking the extension of time for
submission of data. Such data shall instead be due
in accordance with the date established by the
Administrator for the submission of the data.’’.
(2) REREGISTRATION.—Sections 4(d)(4)(B), 4(e)(2)(B), and
4(f)(2)(B) (7 U.S.C. 136a–1(d)(4)(B), (e)(2)(B), and (f)(2)(B)) are
each amended by adding at the end the following: ‘‘Upon
application of a registrant, the Administrator shall, in the
case of a minor use, extend the deadline for the production
of residue chemistry data under this subparagraph for data
required solely to support that minor use until the final dead-
line for submission of data under this section for the other
uses of the pesticide established as of the date of enactment
of the Food Quality Protection Act of 1996 if—
‘‘(i) the data to support other uses of the pesticide
on a food are being provided;
‘‘(ii) the registrant, in submitting a request for
such an extension provides a schedule, including
interim dates to measure progress, to assure that the
data production will be completed before the expiration
of the extension period;
‘‘(iii) the Administrator has determined that such
extension will not significantly delay the Administra-
tor’s schedule for issuing a reregistration eligibility
determination required under this section; and
‘‘(iv) the Administrator has determined that based
on existing data, such extension would not significantly
increase the risk of any unreasonable adverse effect
on the environment. If the Administrator grants an
extension under this subparagraph, the Administrator
shall monitor the development of the data and shall
ensure that the registrant is meeting the schedule
for the production of the data. If the Administrator
determines that the registrant is not meeting or has
not met the schedule for the production of such data,
the Administrator may proceed in accordance with
clause (iv) of section 3(c)(2)(B) or other provisions of
this section, as appropriate, regarding the continued
registration of the affected products with the minor
use and shall inform the public of such action. Notwith-
standing the provisions of this subparagraph, the
Administrator may take action to modify or revoke
the extension under this subparagraph if the Adminis-
trator determines that the extension for the minor
use may cause an unreasonable adverse effect on the
environment. In such circumstance, the Administrator
shall provide written notice to the registrant revoking
the extension of time for submission of data. Such
data shall instead be due in accordance with the date
then established by the Administrator for submission
of the data.’’.
(d) MINOR USE WAIVER.—Section 3(c)(2) (7 U.S.C. 136a(c)(2))
is amended—
(1) by inserting ‘‘IN GENERAL.—’’ after ‘‘(A)’’;
(2) by inserting ‘‘ADDITIONAL DATA.—’’ after ‘‘(B)’’;
(3) by inserting ‘‘SIMPLIFIED PROCEDURES.—’’ after ‘‘(C)’’;
and
H. R. 1627—9
(4) by adding at the end the following:
‘‘(E) MINOR USE WAIVER.—In handling the registration
of a pesticide for a minor use, the Administrator may
waive otherwise applicable data requirements if the
Administrator determines that the absence of such data
will not prevent the Administrator from determining—
‘‘(i) the incremental risk presented by the minor
use of the pesticide; and
‘‘(ii) that such risk, if any, would not be an
unreasonable adverse effect on the environment.’’.
(e) EXPEDITING MINOR USE REGISTRATIONS.—Section 3(c)(3) (7
U.S.C. 136a(c)(3)) is amended—
(1) 
by 
inserting 
after 
‘‘(A)’’ 
the 
following: 
‘‘IN
GENERAL.—’’;
(2) by inserting after ‘‘(B)’’ the following: ‘‘IDENTICAL OR
SUBSTANTIALLY SIMILAR.—’’; and
(3) by adding at the end the following:
‘‘(C) MINOR USE REGISTRATION.—
‘‘(i) The Administrator shall, as expeditiously as
possible, review and act on any complete application—
‘‘(I) that proposes the initial registration of
a new pesticide active ingredient if the active
ingredient is proposed to be registered solely for
minor uses, or proposes a registration amendment
solely for minor uses to an existing registration;
or
‘‘(II) for a registration or a registration amend-
ment that proposes significant minor uses.
‘‘(ii) For the purposes of clause (i)—
‘‘(I) the term ‘as expeditiously as possible’
means that the Administrator shall, to the greatest
extent practicable, complete a review and evalua-
tion of all data, submitted with a complete applica-
tion, within 12 months after the submission of
the complete application, and the failure of the
Administrator to complete such a review and
evaluation under clause (i) shall not be subject
to judicial review; and
‘‘(II) the term ‘significant minor uses’ means
3 or more minor uses proposed for every nonminor
use, a minor use that would, in the judgment
of the Administrator, serve as a replacement for
any use which has been canceled in the 5 years
preceding the receipt of the application, or a minor
use that in the opinion of the Administrator would
avoid the reissuance of an emergency exemption
under section 18 for that minor use.
‘‘(D) ADEQUATE TIME FOR SUBMISSION OF MINOR USE
DATA.—If a registrant makes a request for a minor use
waiver, regarding data required by the Administrator,
pursuant to paragraph (2)(E), and if the Administrator
denies in whole or in part such data waiver request, the
registrant shall have a full-time period for providing such
data. For purposes of this subparagraph, the term ‘full-
time period’ means the time period originally established
by the Administrator for submission of such data, beginning
H. R. 1627—10
with the date of receipt by the registrant of the Administra-
tor’s notice of denial.’’.
(f) TEMPORARY EXTENSION OF REGISTRATION FOR UNSUPPORTED
MINOR USES.—
(1) REREGISTRATION.—
(A) Sections 4(d)(6) and 4(f)(3) (7 U.S.C. 136a–1(d)(6)
and (f)(3)) are each amended by adding at the end the
following: ‘‘If the registrant does not commit to support
a specific minor use of the pesticide, but is supporting
and providing data in a timely and adequate fashion to
support uses of the pesticide on a food, or if all uses
of the pesticide are nonfood uses and the registrant does
not commit to support a specific minor use of the pesticide
but is supporting and providing data in a timely and ade-
quate fashion to support other nonfood uses of the pesticide,
the Administrator, at the written request of the registrant,
shall not take any action pursuant to this paragraph in
regard to such unsupported minor use until the final dead-
line established as of the date of enactment of the Food
Quality Protection Act of 1996, for the submission of data
under this section for the supported uses identified pursu-
ant to this paragraph unless the Administrator determines
that the absence of the data is significant enough to cause
human health or environmental concerns. On such a deter-
mination the Administrator may refuse the request for
extension by the registrant. Upon receipt of the request
from the registrant, the Administrator shall publish in
the Federal Register a notice of the receipt of the request
and the effective date upon which the uses not being sup-
ported will be voluntarily deleted from the registration
pursuant to section 6(f)(1). If the Administrator grants
an extension under this paragraph, the Administrator shall
monitor the development of the data for the uses being
supported and shall ensure that the registrant is meeting
the schedule for the production of such data. If the Adminis-
trator determines that the registrant is not meeting or
has not met the schedule for the production of such data,
the Administrator may proceed in accordance with section
3(c)(2)(B)(iv) regarding the continued registration of the
affected products with the minor and other uses and shall
inform the public of such action in accordance with section
6(f)(2). Notwithstanding this subparagraph, the Adminis-
trator may deny, modify, or revoke the temporary extension
under this paragraph if the Administrator determines that
the continuation of the minor use may cause an unreason-
able adverse effect on the environment. In the event of
modification or revocation, the Administrator shall provide,
in writing, to the registrant a notice revoking the temporary
extension and establish a new effective date by which the
minor use shall be deleted from the registration.’’.
(B) Section 4(e)(3)(A) (7 U.S.C. 136a–1(e)(3)(A)) is
amended by adding at the end the following: ‘‘If the reg-
istrant does not commit to support a specific minor use
of the pesticide, but is supporting and providing data in
a timely and adequate fashion to support uses of the pes-
ticide on a food, or if all uses of the pesticide are nonfood
uses and the registrant does not commit to support a
H. R. 1627—11
specific minor use of the pesticide but is supporting and
providing data in a timely and adequate fashion to support
other nonfood uses of the pesticide, the Administrator,
at the written request of the registrant, shall not take
any action pursuant to this subparagraph in regard to
such unsupported minor use until the final deadline estab-
lished as of the date of enactment of the Food Quality
Protection Act of 1996, for the submission of data under
this section for the supported uses identified pursuant to
this subparagraph unless the Administrator determines
that the absence of the data is significant enough to cause
human health or environmental concerns. On the basis
of such determination, the Administrator may refuse the
request for extension by the registrant. Upon receipt of
the request from the registrant, the Administrator shall
publish in the Federal Register a notice of the receipt
of the request and the effective date upon which the uses
not being supported will be voluntarily deleted from the
registration pursuant to section 6(f)(1). If the Administrator
grants an extension under this subparagraph, the Adminis-
trator shall monitor the development of the data for the
uses being supported and shall ensure that the registrant
is meeting the schedule for the production of such data.
If the Administrator determines that the registrant is not
meeting or has not met the schedule for the production
of such data, the Administrator may proceed in accordance
with section 3(c)(2)(B)(iv) regarding the continued registra-
tion of the affected products with the minor and other
uses and shall inform the public of such action in accord-
ance with section 6(f)(2). Notwithstanding this subpara-
graph, the Administrator may deny, modify, or revoke the
temporary extension under this subparagraph if the
Administrator determines that the continuation of the
minor use may cause an unreasonable adverse effect on
the environment. In the event of modification or revocation,
the Administrator shall provide, in writing, to the reg-
istrant a notice revoking the temporary extension and
establish a new effective date by which the minor use
shall be deleted from the registration.’’.
(2) DATA.—Section 3(c)(2)(B) (7 U.S.C. 136a(c)(2)(B)), as
amended by subsection (c)(1), is further amended by adding
at the end the following:
‘‘(vii) If the registrant does not commit to support
a specific minor use of the pesticide, but is supporting
and providing data in a timely and adequate fashion to
support uses of the pesticide on a food, or if all uses
of the pesticide are nonfood uses and the registrant does
not commit to support a specific minor use of the pesticide
but is supporting and providing data in a timely and ade-
quate fashion to support other nonfood uses of the pesticide,
the Administrator, at the written request of the registrant,
shall not take any action pursuant to this clause in regard
to such unsupported minor use until the final deadline
established as of the date of enactment of the Food Quality
Protection Act of 1996, for the submission of data under
section 4 for the supported uses identified pursuant to
this clause unless the Administrator determines that the
H. R. 1627—12
absence of the data is significant enough to cause human
health or environmental concerns. On the basis of such
determination, the Administrator may refuse the request
for extension by the registrant. Upon receipt of the request
from the registrant, the Administrator shall publish in
the Federal Register a notice of the receipt of the request
and the effective date upon which the uses not being sup-
ported will be voluntarily deleted from the registration
pursuant to section 6(f)(1). If the Administrator grants
an extension under this clause, the Administrator shall
monitor the development of the data for the uses being
supported and shall ensure that the registrant is meeting
the schedule for the production of such data. If the Adminis-
trator determines that the registrant is not meeting or
has not met the schedule for the production of such data,
the Administrator may proceed in accordance with clause
(iv) of this subparagraph regarding the continued registra-
tion of the affected products with the minor and other
uses and shall inform the public of such action in accord-
ance with section 6(f)(2). Notwithstanding the provisions
of this clause, the Administrator may deny, modify, or
revoke the temporary extension under this subparagraph
if the Administrator determines that the continuation of
the minor use may cause an unreasonable adverse effect
on the environment. In the event of modification or revoca-
tion, the Administrator shall provide, in writing, to the
registrant a notice revoking the temporary extension and
establish a new effective date by which the minor use
shall be deleted from the registration.’’.
(g) Section 6(f) (7 U.S.C. 136d(f)) is amended—
(1) in paragraph (1)(C)(ii) by striking ‘‘90-day’’ each place
it appears and inserting ‘‘180-day’’; and
(2) in paragraph (3)(A) by striking ‘‘90-day’’ and inserting
‘‘180-day’’.
(h) UTILIZATION OF DATA FOR VOLUNTARILY CANCELED CHEMI-
CALS.—Section 6(f) (7 U.S.C. 136d(f)) is amended by adding at
the end the following:
‘‘(4) UTILIZATION OF DATA FOR VOLUNTARILY CANCELED PES-
TICIDE.—When an application is filed with the Administrator
for the registration of a pesticide for a minor use and another
registrant subsequently voluntarily cancels its registration for
an identical or substantially similar pesticide for an identical
or substantially similar use, the Administrator shall process,
review, and evaluate the pending application as if the voluntary
cancellation had not yet taken place except that the Adminis-
trator shall not take such action if the Administrator deter-
mines that such minor use may cause an unreasonable adverse
effect on the environment. In order to rely on this subsection,
the applicant must certify that it agrees to satisfy any outstand-
ing data requirements necessary to support the reregistration
of the pesticide in accordance with the data submission schedule
established by the Administrator.’’.
(i) ENVIRONMENTAL PROTECTION AGENCY MINOR USE PRO-
GRAM.—The Federal Insecticide, Fungicide, and Rodenticide Act
(7 U.S.C. 136 et seq.), as amended by section 121, is amended
by adding after section 30 the following:
H. R. 1627—13
‘‘SEC. 31. ENVIRONMENTAL PROTECTION AGENCY MINOR USE PRO-
GRAM.
‘‘(a) The Administrator shall assure coordination of minor use
issues through the establishment of a minor use program within
the Office of Pesticide Programs. Such office shall be responsible
for coordinating the development of minor use programs and policies
and consulting with growers regarding minor use issues and reg-
istrations and amendments which are submitted to the Environ-
mental Protection Agency.
‘‘(b) The Office of Pesticide Programs shall prepare a public
report concerning the progress made on the registration of minor
uses, including implementation of the exclusive use as an incentive
for registering new minor uses, within 3 years of the passage
of the Food Quality Protection Act of 1996.’’.
(j) DEPARTMENT OF AGRICULTURE MINOR USE PROGRAM.—The
Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136
et seq.), as amended by subsection (i), is amended by adding after
section 31 the following:
‘‘SEC. 32. DEPARTMENT OF AGRICULTURE MINOR USE PROGRAM.
‘‘(a) IN GENERAL.—The Secretary of Agriculture (hereinafter
in this section referred to as the ‘Secretary’) shall assure the
coordination of the responsibilities of the Department of Agriculture
related to minor uses of pesticides, including—
‘‘(1) carrying out the Inter-Regional Project Number 4 (IR–
4) as described in section 2 of Public Law 89–106 (7 U.S.C.
450i(e)) and the national pesticide resistance monitoring pro-
gram established under section 1651 of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5882);
‘‘(2) supporting integrated pest management research;
‘‘(3) consulting with growers to develop data for minor
uses; and
‘‘(4) providing assistance for minor use registrations, toler-
ances, and reregistrations with the Environmental Protection
Agency.
‘‘(b)(1) MINOR USE PESTICIDE DATA.—
‘‘(A) GRANT
AUTHORITY.—The Secretary, in consultation
with the Administrator, shall establish a program to make
grants for the development of data to support minor use pes-
ticide registrations and reregistrations. The amount of any
such grant shall not exceed 1⁄2 of the cost of the project for
which the grant is made.
‘‘(B) APPLICANTS.—Any person who wants to develop data
to support minor use pesticide registrations and reregistrations
may apply for a grant under subparagraph (A). Priority shall
be given to an applicant for such a grant who does not directly
receive funds from the sale of pesticides registered for minor
uses.
‘‘(C) DATA OWNERSHIP.—Any data that is developed under
a grant under subparagraph (A) shall be jointly owned by
the Department of Agriculture and the person who received
the grant. Such a person shall enter into an agreement with
the Secretary under which such person shall share any fee
paid to such person under section 3(c)(1)(F).
‘‘(2) MINOR USE PESTICIDE DATA REVOLVING FUND.—
‘‘(A) ESTABLISHMENT.—There is established in the Treasury
of the United States a revolving fund to be known as the
H. R. 1627—14
Minor Use Pesticide Data Revolving Fund. The Fund shall
be available without fiscal year limitation to carry out the
authorized purposes of this subsection.
‘‘(B) CONTENTS OF THE FUND.—There shall be deposited
in the Fund—
‘‘(i) such amounts as may be appropriated to support
the purposes of this subsection; and
‘‘(ii) fees collected by the Secretary for any data devel-
oped under a grant under paragraph (1)(A).
‘‘(C) AUTHORIZATIONS
OF
APPROPRIATIONS.—There are
authorized to be appropriated for each fiscal year to carry
out the purposes of this subsection $10,000,000 to remain avail-
able until expended.’’.
Subtitle B—Antimicrobial Pesticide
Registration Reform
SEC. 221. DEFINITIONS.
Section 2 (7 U.S.C. 136), as amended by section 210(a) is
further amended—
(1) in subsection (u), by adding at the end the following:
‘‘The term ‘pesticide’ does not include liquid chemical sterilant
products (including any sterilant or subordinate disinfectant
claims on such products) for use on a critical or semi-critical
device, as defined in section 201 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 321). For purposes of the preceding
sentence, the term ‘critical device’ includes any device which
is introduced directly into the human body, either into or in
contact with the bloodstream or normally sterile areas of the
body and the term ‘semi-critical device’ includes any device
which contacts intact mucous membranes but which does not
ordinarily penetrate the blood barrier or otherwise enter nor-
mally sterile areas of the body.’’; and
(2) by adding at the end the following:
‘‘(mm) ANTIMICROBIAL PESTICIDE.—
‘‘(1) IN GENERAL.—The term ‘antimicrobial pesticide’ means
a pesticide that—
‘‘(A) is intended to—
‘‘(i) disinfect, sanitize, reduce, or mitigate growth
or development of microbiological organisms; or
‘‘(ii) protect inanimate objects, industrial processes
or systems, surfaces, water, or other chemical sub-
stances from contamination, fouling, or deterioration
caused by bacteria, viruses, fungi, protozoa, algae, or
slime; and
‘‘(B) in the intended use is exempt from, or otherwise
not subject to, a tolerance under section 408 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 346a and 348)
or a food additive regulation under section 409 of such
Act.
‘‘(2) EXCLUDED
PRODUCTS.—The term ‘antimicrobial pes-
ticide’ does not include —
‘‘(A) a wood preservative or antifouling paint product
for which a claim of pesticidal activity other than or in
addition to an activity described in paragraph (1) is made;
‘‘(B) an agricultural fungicide product; or
H. R. 1627—15
‘‘(C) an aquatic herbicide product.
‘‘(3) INCLUDED
PRODUCTS.—The term ‘antimicrobial pes-
ticide’ does include any other chemical sterilant product (other
than liquid chemical sterilant products exempt under sub-
section (u)), any other disinfectant product, any other industrial
microbiocide product, and any other preservative product that
is not excluded by paragraph (2).’’.
SEC. 222. FEDERAL AND STATE DATA COORDINATION.
Section 3(c)(2)(B) (7 U.S.C. 136a(c)(2)(B)), as amended by sec-
tion 210(f)(2), is amended by adding at the end the following:
‘‘(viii)(I) If data required to support registration of a
pesticide under subparagraph (A) is requested by a Federal
or State regulatory authority, the Administrator shall, to
the extent practicable, coordinate data requirements, test
protocols, timetables, and standards of review and reduce
burdens and redundancy caused to the registrant by mul-
tiple requirements on the registrant.
‘‘(II) The Administrator may enter into a cooperative
agreement with a State to carry out subclause (I).
‘‘(III) Not later than 1 year after the date of enactment
of this clause, the Administrator shall develop a process
to identify and assist in alleviating future disparities
between Federal and State data requirements.’’.
SEC. 223. LABEL AND LABELING.
Section 3(c) (7 U.S.C. 136a(c)) is amended by adding at the
end the following:
‘‘(9) LABELING.—
‘‘(A) ADDITIONAL
STATEMENTS.—Subject to subpara-
graphs (B) and (C), it shall not be a violation of this
Act for a registrant to modify the labeling of an
antimicrobial pesticide product to include relevant informa-
tion on product efficacy, product composition, container
composition or design, or other characteristics that do not
relate to any pesticidal claim or pesticidal activity.
‘‘(B) REQUIREMENTS.—Proposed labeling information
under subparagraph (A) shall not be false or misleading,
shall not conflict with or detract from any statement
required by law or the Administrator as a condition of
registration, and shall be substantiated on the request
of the Administrator.
‘‘(C) NOTIFICATION AND DISAPPROVAL.—
‘‘(i) NOTIFICATION.—A registration may be modified
under subparagraph (A) if —
‘‘(I) the registrant notifies the Administrator
in writing not later than 60 days prior to distribu-
tion or sale of a product bearing the modified
labeling; and
‘‘(II) the Administrator does not disapprove
of the modification under clause (ii).
‘‘(ii) DISAPPROVAL.—Not later than 30 days after
receipt of a notification under clause (i), the Adminis-
trator may disapprove the modification by sending the
registrant notification in writing stating that the pro-
posed language is not acceptable and stating the rea-
sons why the Administrator finds the proposed modi-
fication unacceptable.
H. R. 1627—16
‘‘(iii) RESTRICTION ON SALE.—A registrant may not
sell or distribute a product bearing a disapproved modi-
fication.
‘‘(iv) OBJECTION.—A registrant may file an objec-
tion in writing to a disapproval under clause (ii) not
later than 30 days after receipt of notification of the
disapproval.
‘‘(v) FINAL ACTION.—A decision by the Adminis-
trator following receipt and consideration of an objec-
tion filed under clause (iv) shall be considered a final
agency action.
‘‘(D) USE
DILUTION.—The label or labeling required
under this Act for an antimicrobial pesticide that is or
may be diluted for use may have a different statement
of caution or protective measures for use of the rec-
ommended diluted solution of the pesticide than for use
of a concentrate of the pesticide if the Administrator deter-
mines that —
‘‘(i) adequate data have been submitted to support
the statement proposed for the diluted solution uses;
and
‘‘(ii) the label or labeling provides adequate protec-
tion for exposure to the diluted solution of the pes-
ticide.’’.
SEC. 224. REGISTRATION REQUIREMENTS FOR ANTIMICROBIAL PES-
TICIDES.
Section 3 (7 U.S.C. 136a), as amended by section 106(b), is
further amended by adding at the end the following:
‘‘(h) REGISTRATION REQUIREMENTS
FOR ANTIMICROBIAL PES-
TICIDES.—
‘‘(1) EVALUATION
OF
PROCESS.—To the maximum extent
practicable consistent with the degrees of risk presented by
an antimicrobial pesticide and the type of review appropriate
to evaluate the risks, the Administrator shall identify and
evaluate reforms to the antimicrobial registration process that
would reduce review periods existing as of the date of enactment
of this subsection for antimicrobial pesticide product registra-
tion applications and applications for amended registration of
antimicrobial pesticide products, including—
‘‘(A) new antimicrobial active ingredients;
‘‘(B) new antimicrobial end-use products;
‘‘(C) substantially similar or identical antimicrobial
pesticides; and
‘‘(D) amendments to antimicrobial pesticide registra-
tions.
‘‘(2) REVIEW TIME PERIOD REDUCTION GOAL.—Each reform
identified under paragraph (1) shall be designed to achieve
the goal of reducing the review period following submission
of a complete application, consistent with the degree of risk,
to a period of not more than—
‘‘(A) 540 days for a new antimicrobial active ingredient
pesticide registration;
‘‘(B) 270 days for a new antimicrobial use of a reg-
istered active ingredient;
‘‘(C) 120 days for any other new antimicrobial product;
H. R. 1627—17
‘‘(D) 90 days for a substantially similar or identical
antimicrobial product;
‘‘(E) 90 days for an amendment to an antimicrobial
registration that does not require scientific review of data;
and
‘‘(F) 90 to 180 days for an amendment to an
antimicrobial registration that requires scientific review
of data and that is not otherwise described in this para-
graph.
‘‘(3) IMPLEMENTATION.—
‘‘(A) PROPOSED RULEMAKING.—
‘‘(i) ISSUANCE.—Not later than 270 days after the
date of enactment of this subsection, the Administrator
shall publish in the Federal Register proposed regula-
tions to accelerate and improve the review of
antimicrobial pesticide products designed to imple-
ment, to the extent practicable, the goals set forth
in paragraph (2).
‘‘(ii) REQUIREMENTS.—Proposed regulations issued
under clause (i) shall—
‘‘(I) define the various classes of antimicrobial
use patterns, including household, industrial, and
institutional disinfectants and sanitizing pes-
ticides, preservatives, water treatment, and pulp
and paper mill additives, and other such products
intended to disinfect, sanitize, reduce, or mitigate
growth or development of microbiological orga-
nisms, or protect inanimate objects, industrial
processes or systems, surfaces, water, or other
chemical substances from contamination, fouling,
or deterioration caused by bacteria, viruses, fungi,
protozoa, algae, or slime;
‘‘(II) differentiate the types of review under-
taken for antimicrobial pesticides;
‘‘(III) conform the degree and type of review
to 
the 
risks 
and 
benefits 
presented 
by
antimicrobial pesticides and the function of review
under this Act, considering the use patterns of
the product, toxicity, expected exposure, and prod-
uct type;
‘‘(IV) ensure that the registration process is
sufficient to maintain antimicrobial pesticide effi-
cacy and that antimicrobial pesticide products con-
tinue to meet product performance standards and
effectiveness levels for each type of label claim
made; and
‘‘(V) implement effective and reliable deadlines
for process management.
‘‘(iii) COMMENTS.—In developing the proposed
regulations, the Administrator shall solicit the views
from registrants and other affected parties to maximize
the effectiveness of the rule development process.
‘‘(B) FINAL REGULATIONS.—
‘‘(i) ISSUANCE.—The Administrator shall issue final
regulations not later than 240 days after the close
of the comment period for the proposed regulations.
H. R. 1627—18
‘‘(ii) FAILURE TO MEET GOAL.—If a goal described
in paragraph (2) is not met by the final regulations,
the Administrator shall identify the goal, explain why
the goal was not attained, describe the element of
the regulations included instead, and identify future
steps to attain the goal.
‘‘(iii) REQUIREMENTS.—In issuing final regulations,
the Administrator shall—
‘‘(I) consider the establishment of a certifi-
cation process for regulatory actions involving risks
that can be responsibly managed, consistent with
the degree of risk, in the most cost-efficient man-
ner;
‘‘(II) consider the establishment of a certifi-
cation process by approved laboratories as an
adjunct to the review process;
‘‘(III) use all appropriate and cost-effective
review mechanisms, including—
‘‘(aa) expanded use of notification and non-
notification procedures;
‘‘(bb) revised procedures for application
review; and
‘‘(cc) allocation of appropriate resources to
ensure 
streamlined 
management 
of
antimicrobial pesticide registrations; and
‘‘(IV) clarify criteria for determination of the
completeness of an application.
‘‘(C) EXPEDITED
REVIEW.—This subsection does not
affect the requirements or extend the deadlines or review
periods contained in subsection (c)(3).
‘‘(D) ALTERNATIVE REVIEW PERIODS.—If the final regu-
lations to carry out this paragraph are not effective 630
days after the date of enactment of this subsection, until
the final regulations become effective, the review period,
beginning on the date of receipt by the Agency of a complete
application, shall be—
‘‘(i) 2 years for a new antimicrobial active ingredi-
ent pesticide registration;
‘‘(ii) 1 year for a new antimicrobial use of a reg-
istered active ingredient;
‘‘(iii) 180 days for any other new antimicrobial
product;
‘‘(iv) 90 days for a substantially similar or identical
antimicrobial product;
‘‘(v) 90 days for an amendment to an antimicrobial
registration that does not require scientific review of
data; and
‘‘(vi) 
240 
days 
for 
an 
amendment 
to 
an
antimicrobial registration that requires scientific
review of data and that is not otherwise described
in this subparagraph.
‘‘(E) WOOD PRESERVATIVES.—An application for the reg-
istration, or for an amendment to the registration, of a
wood preservative product for which a claim of pesticidal
activity listed in section 2(mm) is made (regardless of any
other pesticidal claim that is made with respect to the
product) shall be reviewed by the Administrator within
H. R. 1627—19
the same period as that established under this paragraph
for an antimicrobial pesticide product application, consist-
ent with the degree of risk posed by the use of the wood
preservative product, if the application requires the
applicant to satisfy the same data requirements as are
required to support an application for a wood preservative
product that is an antimicrobial pesticide.
‘‘(F) NOTIFICATION.—
‘‘(i) IN
GENERAL.—Subject to clause (iii), the
Administrator shall notify an applicant whether an
application has been granted or denied not later than
the final day of the appropriate review period under
this paragraph, unless the applicant and the Adminis-
trator agree to a later date.
‘‘(ii) FINAL DECISION.—If the Administrator fails
to notify an applicant within the period of time
required under clause (i), the failure shall be consid-
ered an agency action unlawfully withheld or unreason-
ably delayed for purposes of judicial review under chap-
ter 7 of title 5, United States Code.
‘‘(iii) EXEMPTION.—This subparagraph does not
apply to an application for an antimicrobial pesticide
that is filed under subsection (c)(3)(B) prior to 90 days
after the date of enactment of this subsection.
‘‘(4) ANNUAL REPORT.—
‘‘(A) SUBMISSION.—Beginning on the date of enactment
of this subsection and ending on the date that the goals
under paragraph (2) are achieved, the Administrator shall,
not later than March 1 of each year, prepare and submit
an annual report to the Committee on Agriculture of the
House of Representatives and the Committee on Agri-
culture, Nutrition, and Forestry of the Senate.
‘‘(B) 
REQUIREMENTS.—A 
report 
submitted 
under
subparagraph (A) shall include a description of—
‘‘(i) measures taken to reduce the backlog of pend-
ing registration applications;
‘‘(ii) progress toward achieving reforms under this
subsection; and
‘‘(iii) recommendations to improve the activities
of the Agency pertaining to antimicrobial registra-
tions.’’.
SEC. 225. DISPOSAL OF HOUSEHOLD, INDUSTRIAL, OR INSTITUTIONAL
ANTIMICROBIAL PRODUCTS.
Section 19(h) (7 U.S.C. 136q(h)) is amended—
(1) by striking ‘‘Nothing in’’ and inserting the following:
‘‘(1) IN GENERAL.—Nothing in’’; and
(2) by adding at the end the following:
‘‘(2) ANTIMICROBIAL
PRODUCTS.—A household, industrial,
or institutional antimicrobial product that is not subject to
regulation under the Solid Waste Disposal Act (42 U.S.C. 6901
et seq.) shall not be subject to the provisions of subsections
(a), (e), and (f), unless the Administrator determines that such
product must be subject to such provisions to prevent an
unreasonable adverse effect on the environment.’’.
H. R. 1627—20
Subtitle C—Public Health Pesticides
SEC. 230. DEFINITIONS.
(a) ADVERSE EFFECTS.—Section 2(bb) (7 U.S.C. 136(bb)) is
amended by adding at the end the following: ‘‘The Administrator
shall consider the risks and benefits of public health pesticides
separate from the risks and benefits of other pesticides. In weighing
any regulatory action concerning a public health pesticide under
this Act, the Administrator shall weigh any risks of the pesticide
against the health risks such as the diseases transmitted by the
vector to be controlled by the pesticide.’’.
(b) NEW DEFINITIONS.—Section 2 (7 U.S.C. 136), as amended
by section 221, is amended by adding at the end the following:
‘‘(nn) PUBLIC HEALTH PESTICIDE.—The term ‘public health pes-
ticide’ means any minor use pesticide product registered for use
and used predominantly in public health programs for vector control
or for other recognized health protection uses, including the preven-
tion or mitigation of viruses, bacteria, or other microorganisms
(other than viruses, bacteria, or other microorganisms on or in
living man or other living animal) that pose a threat to public
health.
‘‘(oo) VECTOR.—The term ‘vector’ means any organism capable
of transmitting the causative agent of human disease or capable
of producing human discomfort or injury, including mosquitoes,
flies, fleas, cockroaches, or other insects and ticks, mites, or rats.’’.
SEC. 231. REGISTRATION.
Section 3(c)(2)(A) (7 U.S.C. 136a(c)(2)(A)) is amended—
(1) by inserting after ‘‘pattern of use,’’ the following: ‘‘the
public health and agricultural need for such minor use,’’; and
(2) by striking ‘‘potential exposure of man and the environ-
ment to the pesticide’’ and inserting ‘‘potential beneficial or
adverse effects on man and the environment’’.
SEC. 232. REREGISTRATION.
Section 4 (7 U.S.C. 136a–1) is amended—
(1) in subsection (i)(4), by redesignating subparagraphs
(B) and (C) as subparagraphs (C) and (D), respectively, and
by adding after subparagraph (A) the following:
‘‘(B) The Administrator shall exempt any public health
pesticide from the payment of the fee prescribed under
paragraph (3) if, in consultation with the Secretary of
Health and Human Services, the Administrator determines,
based on information supplied by the registrant, that the
economic return to the registrant from sales of the pesticide
does not support the registration or reregistration of the
pesticide.’’;
(2) in subsection (i)(5), by redesignating subparagraphs
(F) and (G) as subparagraphs (G) and (H), respectively, and
by adding after subparagraph (E) the following:
‘‘(F) The Administrator shall exempt any public health
pesticide from the payment of the fee prescribed under
paragraph (3) if, in consultation with the Secretary of
Health and Humans Services, the Administrator deter-
mines, based on information supplied by the registrant,
that the economic return to the registrant from sales of
H. R. 1627—21
the pesticide does not support the registration or reregistra-
tion of the pesticide.’’;
(3) in subsection (i)(7)(B), by striking ‘‘or to determine’’
and inserting ‘‘, to determine’’ and by inserting before the
period the following: ‘‘, or to determine the volume usage for
public health pesticides’’; and
(4) in subsection (k)(3)(A), by striking ‘‘or’’ at the end of
clause (i), by striking the period at the end of clause (ii) and
inserting thereof ‘‘; or’’, and by adding after clause (ii) the
following:
‘‘(iii) proposes the initial or amended registration
of an end use pesticide that, if registered as proposed,
would be used for a public health pesticide.’’.
SEC. 233. CANCELLATION.
Section 6(b) (7 U.S.C. 136d(b)) is amended by adding after
the eighth sentence the following: ‘‘When a public health use is
affected, the Secretary of Health and Human Services should pro-
vide available benefits and use information, or an analysis thereof,
in accordance with the procedures followed and subject to the same
conditions as the Secretary of Agriculture in the case of agricultural
pesticides.’’.
SEC. 234. VIEWS OF THE SECRETARY OF HEALTH AND HUMAN SERV-
ICES.
Section 21 (7 U.S.C. 136s) is amended by redesignating sub-
sections (b) and (c) as subsections (c) and (d), respectively, and
by adding after subsection (a) the following:
‘‘(b) SECRETARY
OF
HEALTH
AND
HUMAN
SERVICES.—The
Administrator, before publishing regulations under this Act for
any public health pesticide, shall solicit the views of the Secretary
of Health and Human Services in the same manner as the views
of the Secretary of Agriculture are solicited under section 25(a)(2).’’.
SEC. 235. AUTHORITY OF ADMINISTRATOR.
Section 25(a)(1) (7 U.S.C. 136w(a)(1)) is amended—
(1) by inserting after ‘‘various classes of pesticides’’ the
following: ‘‘, including public health pesticides,’’; and
(2) by striking ‘‘and nonagricultural pesticides’’ and insert-
ing ‘‘, nonagricultural, and public health pesticides’’.
SEC. 236. IDENTIFICATION OF PESTS.
Section 28 (7 U.S.C. 136w–3) is amended by adding at the
end the following:
‘‘(d) PUBLIC HEALTH PESTS.—The Administrator, in coordination
with the Secretary of Agriculture and the Secretary of Health
and Human Services, shall identify pests of significant public health
importance and, in coordination with the Public Health Service,
develop and implement programs to improve and facilitate the
safe and necessary use of chemical, biological, and other methods
to combat and control such pests of public health importance.’’.
SEC. 237. PUBLIC HEALTH DATA.
Section 4 (7 U.S.C. 136a–1) is amended by adding at the end
the following:
‘‘(m) AUTHORIZATION OF FUNDS TO DEVELOP PUBLIC HEALTH
DATA.—
H. R. 1627—22
‘‘(1) DEFINITION.—For the purposes of this section, ‘Sec-
retary’ means the Secretary of Health and Human Services,
acting through the Public Health Service.
‘‘(2) CONSULTATION.—In the case of a pesticide registered
for use in public health programs for vector control or for
other uses the Administrator determines to be human health
protection uses, the Administrator shall, upon timely request
by the registrant or any other interested person, or on the
Administrator’s own initiative may, consult with the Secretary
prior to taking final action to suspend registration under section
3(c)(2)(B)(iv), or cancel a registration under section 4, 6(e),
or 6(f). In consultation with the Secretary, the Administrator
shall prescribe the form and content of requests under this
section.
‘‘(3) BENEFITS
TO
SUPPORT
FAMILY.—The Administrator,
after consulting with the Secretary, shall make a determination
whether the potential benefits of continued use of the pesticide
for public health or health protection purposes are of such
significance as to warrant a commitment by the Secretary
to conduct or to arrange for the conduct of the studies required
by the Administrator to support continued registration under
section 3 or reregistration under section 4.
‘‘(4) ADDITIONAL
TIME.—If the Administrator determines
that such a commitment is warranted and in the public interest,
the Administrator shall notify the Secretary and shall, to the
extent necessary, amend a notice issued under section 3(c)(2)(B)
to specify additional reasonable time periods for submission
of the data.
‘‘(5) ARRANGEMENTS.—The Secretary shall make such
arrangements for the conduct of required studies as the Sec-
retary finds necessary and appropriate to permit submission
of data in accordance with the time periods prescribed by
the Administrator. Such arrangements may include Public
Health Service intramural research activities, grants, contracts,
or cooperative agreements with academic, public health, or
other organizations qualified by experience and training to
conduct such studies.
‘‘(6) SUPPORT.—The Secretary may provide for support of
the required studies using funds authorized to be appropriated
under this section, the Public Health Service Act, or other
appropriate authorities. After a determination is made under
subsection (d), the Secretary shall notify the Committees on
Appropriations of the House of Representatives and the Senate
of the sums required to conduct the necessary studies.
‘‘(7) AUTHORIZATION OF APPROPRIATIONS.—There is author-
ized to be appropriated to carry out the purposes of this section
$12,000,000 for fiscal year 1997, and such sums as may be
necessary for succeeding fiscal years.’’.
Subtitle D—Expedited Registration of
Reduced Risk Pesticides
SEC. 250. EXPEDITED REGISTRATION OF PESTICIDES .
Section 3(c) (7 U.S.C. 136a(c)), as amended by section 223,
is amended—
(1) by adding at the end of paragraph (1) the following:
H. R. 1627—23
‘‘(G) If the applicant is requesting that the registration
or amendment to the registration of a pesticide be expe-
dited, an explanation of the basis for the request must
be submitted, in accordance with paragraph (10) of this
subsection.’’; and
(2) by adding at the end the following:
‘‘(10) EXPEDITED REGISTRATION OF PESTICIDES.—
‘‘(A) Not later than 1 year after the date of enactment
of this paragraph, the Administrator shall, utilizing public
comment, develop procedures and guidelines, and expedite
the review of an application for registration of a pesticide
or an amendment to a registration that satisfies such guide-
lines.
‘‘(B) Any application for registration or an amendment,
including biological and conventional pesticides, will be
considered for expedited review under this paragraph. An
application for registration or an amendment shall qualify
for expedited review if use of the pesticide proposed by
the application may reasonably be expected to accomplish
1 or more of the following:
‘‘(i) Reduce the risks of pesticides to human health.
‘‘(ii) Reduce the risks of pesticides to nontarget
organisms.
‘‘(iii) Reduce the potential for contamination of
groundwater, surface water, or other valued environ-
mental resources.
‘‘(iv) Broaden the adoption of integrated pest
management strategies, or make such strategies more
available or more effective.
‘‘(C) The Administrator, not later than 30 days after
receipt of an application for expedited review, shall notify
the applicant whether the application is complete. If it
is found to be incomplete, the Administrator may either
reject the request for expedited review or ask the applicant
for additional information to satisfy the guidelines devel-
oped under subparagraph (A).’’.
TITLE III—DATA COLLECTION ACTIVI-
TIES TO ASSURE THE HEALTH OF IN-
FANTS AND CHILDREN AND OTHER
MEASURES
SEC. 301. DATA COLLECTION ACTIVITIES TO ASSURE THE HEALTH
OF INFANTS AND CHILDREN.
(a) IN GENERAL.—The Secretary of Agriculture, in consultation
with the Administrator of the Environmental Protection Agency
and the Secretary of Health and Human Services, shall coordinate
the development and implementation of survey procedures to ensure
that adequate data on food consumption patterns of infants and
children are collected.
(b) PROCEDURES.—To the extent practicable, the procedures
referred to in subsection (a) shall include the collection of data
on food consumption patterns of a statistically valid sample of
infants and children.
H. R. 1627—34
‘‘(x) such information as the Administrator may
require on whether the pesticide chemical may have
an effect in humans that is similar to an effect pro-
duced by a naturally occurring estrogen or other endo-
crine effects;
‘‘(xi) information regarding exposure to the pes-
ticide chemical residue due to any tolerance or exemp-
tion already granted for such residue;
‘‘(xii) practical methods for removing any amount
of the residue that would exceed any proposed toler-
ance; and
‘‘(xiii) such other data and information as the
Administrator requires by regulation to support the
petition.
If information or data required by this subparagraph is
available to the Administrator, the person submitting the
petition may cite the availability of the information or
data in lieu of submitting it. The Administrator may
require a petition to be accompanied by samples of the
pesticide chemical with respect to which the petition is
filed.
‘‘(B) MODIFICATION
OR
REVOCATION.—The Adminis-
trator may by regulation establish the requirements for
information and data to support a petition to modify or
revoke a tolerance or to modify or revoke an exemption
from the requirement for a tolerance.
‘‘(3) NOTICE.—A notice of the filing of a petition that the
Administrator determines has met the requirements of para-
graph (2) shall be published by the Administrator within 30
days after such determination. The notice shall announce the
availability of a description of the analytical methods available
to the Administrator for the detection and measurement of
the pesticide chemical residue with respect to which the petition
is filed or shall set forth the petitioner’s statement of why
such a method is not needed. The notice shall include the
summary required by paragraph (2)(A)(i)(I).
‘‘(4) ACTIONS BY THE ADMINISTRATOR.—
‘‘(A) IN GENERAL.—The Administrator shall, after giv-
ing due consideration to a petition filed under paragraph
(1) and any other information available to the Adminis-
trator—
‘‘(i) issue a final regulation (which may vary from
that sought by the petition) establishing, modifying,
or revoking a tolerance for the pesticide chemical resi-
due or an exemption of the pesticide chemical residue
from the requirement of a tolerance (which final regula-
tion shall be issued without further notice and without
further period for public comment);
‘‘(ii) issue a proposed regulation under subsection
(e), and thereafter issue a final regulation under such
subsection; or
‘‘(iii) issue an order denying the petition.
‘‘(B) PRIORITIES.—The Administrator shall give priority
to petitions for the establishment or modification of a toler-
ance or exemption for a pesticide chemical residue that
appears to pose a significantly lower risk to human health