I
103D CONGRESS
2D SESSION H. R. 5270
Entitled the ‘‘Farm Viability and Pest Management Improvement Act of
1994’’.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 7, 1994
Ms. MCKINNEY (for herself, Mr. BROWN of California, Mr. DELLUMS, Mr.
FARR of California, Mr. FRANK of Massachuetts, Mr. HINCHEY, Mr.
JOHNSON of Georgia, Mr. LEWIS of Georgia, Mr. NADLER, Mr. ROSE,
and Ms. SHEPARD) introduced the following bill; which was referred to
the Committee on Agriculture
A BILL
Entitled the ‘‘Farm Viability and Pest Management
Improvement Act of 1994’’.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Farm Viability and
Pest Management Improvement Act of 1994: A National
Program for Pesticide Reduction’’.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) As documented by numerous reports by the
National Academy of Sciences, Office of Technology
Assessment, General Accounting Office and others
including, Alternative Agriculture, Soil and Water
Quality: An Agenda for Agriculture, Pesticides in
the Diets of Infants and Children, Pesticide Resist-
ance: Strategies and Tactics for Management,
Neurotoxicity: Identifying and Controlling Poisons of
the Nervous System, and Sustainable Agriculture:
Program Management, Accomplishments, and Op-
portunities, current regulatory approaches are insuf-
ficient to prevent pesticide-related pollution or to
quantify all risks associated with routine pesticide
use including worker exposure, residues in food,
wildlife impacts, ground and surface water contami-
nation, disruption of biological processes, and in-
creased pest resistance.
(2) As documented in the Office of Technology
Assessment report, Beneath the Bottom Line: Agri-
cultural Approaches to Reduce Agricultural Con-
tamination of Groundwater and the National Acad-
emy of Sciences report, Soil and Water Quality: An
Agency for Agriculture, a pollution prevention strat-
egy is effective for addressing pesticide-related pollu-
tion. Reducing pesticides at their source should be
the fundamental approach for pollution presentation
in farming and other pest management systems. A
pesticide reduction strategy as specified in this sec-
tion will provide significant improvements in public
health an environmental protection.
(3) As documented by the National Academy of
Sciences report, Alternative Agriculture, pesticide re-
duction can be achieved through widespread adop-
tion of integrated pest management and other prac-
tices and systems for agricultural sustainability.
Such practices can lower costs for farmers and pest
managers and in many cases increase quality, pro-
ductivity, and yields.
SEC. 3. CONGRESSIONAL PURPOSES.
The purpose of this Act is to foster a substantial re-
duction in pesticide use, and thereby reduce the public
health and environmental risks of the present level of
usage, while maintaining agricultural productivity and an
affordable food supply. It is the intent of Congress that
this Act be interpreted taking into account its text, the
pertinent Committee Reports, and other legislative his-
tory.
SEC. 4. DEFINITION OF INTEGRATED PEST MANAGEMENT.
Section 2 of the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136) is amended by adding at
the end the following subsection:
‘‘(hh) INTEGRATED PEST MANAGEMENT SYSTEMS.—
The term ‘integrated pest management systems’ means
the use and integration of various pest control tactics in
the environment of a pest in a manner that—
‘‘(1) complements and facilitates biological and
other natural controls of the pest;
‘‘(2) reduces the use of chemical pesticides;
‘‘(3) relies primarily on the use of nonchemical
pest management methods, with chemical pesticides
being used only as a last resort;
‘‘(4) reduces injuries to the public health and
environment; and
‘‘(5) is economically feasible, considering both
private and public costs.’’.
SEC. 5. PESTICIDE USE REDUCTION PROGRAM.
(a) 
The 
Federal 
Insecticide, 
Fungicide, 
and
Rodenticide Act is amended—
(1) by redesignating sections 29, 30, and 31 (7
U.S.C. 136w–4, 136x, and 136y) as sections 30, 31,
and 32, respectively; and
(2) by inserting after section 28 the following
new section:
‘‘SEC. 29. PESTICIDE REDUCTION COUNCILS.
‘‘(a) REGIONAL
PESTICIDE
REDUCTION
COUN-
CILS.—
‘‘(1) ESTABLISHMENT.—Not later than 6
months after the date of the enactment of this sec-
tion, the Administrator, in consultation with the
Secretary, shall establish a pesticide reduction coun-
cil in each region of the Environmental Protection
Agency.
‘‘(2) MEMBERSHIP.—The Administrator shall
appoint members to each regional council who equal-
ly represent relevant Federal and State agencies,
farmers, farm workers, university research and ex-
tension, nonprofit organizations, the private sector,
regional 
institutions, 
and 
environmental 
and
consumer organizations who are experts in the re-
search, practice, and policy relevant to integrated
pest management.
‘‘(3) DUTIES.—Each regional council shall,
within 6 months after establishment—
‘‘(A) identify the most effective integrated
pest management systems as defined in section
3 for individual cropping systems that have
been demonstrated by farmers to—
‘‘(i) use substantially less than the av-
erage volume of pesticides for the cropping
system in the region;
‘‘(ii) be practical and profitable for
the production of the crop within the re-
gion;
‘‘(iii) decrease pesticide hazards to
workers, consumers, and the environment;
and
‘‘(iv) make optimum use of cultural
and biological control practices to avoid
buildup of pest populations feasible in the
region;
‘‘(B) within 6 months from the date of the
enactment of this Act, establish measurable
quantitative goals for the most technically fea-
sible and ecologically protective pesticide use re-
duction for individual cropping systems in the
region utilizing the IPM systems identified in
section 29(a)(3)(A); the goals shall be designed
to bring prevailing patterns of pesticide usage
into conformance with most effective integrated
pest management systems;
‘‘(C) develop a regionwide plan for achiev-
ing the regional pesticide reduction goals estab-
lished in section 29(a)(3)(B) including rec-
ommendations for the roles of Federal and
State institutions and programs, as well as for
farmer-to-farmer demonstration programs;
‘‘(D) identify research and technology
transfer needs specific to each cropping system
and region and recommend research and tech-
nology transfer priorities to the Secretary and
Administrator; and
‘‘(E) identify government and industry
policies and practices that impede adoption of
integrated pest management systems and rec-
ommend policy changes to the Secretary and
Administrator to ensure such adoption.
‘‘(b) ADMINISTRATOR’S
AND
SECRETARY’S
DU-
TIES.—The Administrator and Secretary, in consultation
with the pesticide reduction councils, shall—
‘‘(1) assess and approve the integrated pest
management systems and pesticide reduction plans
and goals identified and established by the regional
reduction councils;
‘‘(2) develop and implement programs to assist
farmers in adopting integrated pest management
systems;
‘‘(3) assess regional and national progress to-
ward reducing pesticide usage; and
‘‘(4) review and revise regional pesticide reduc-
tion goals, if necessary, to achieve such goals.
‘‘(c) REVIEW OF IPM SYSTEMS AND REDUCTION
GOALS.—Within 15 months of enactment of this section,
the Administrator, in consultation with the Secretary,
shall assess and approve of the pesticide reduction goals
and plans developed by each regional council. The Admin-
istrator shall evaluate the effectiveness of the integrated
pest management systems identified by the reduction
councils and further evaluate the goals and plans taking
into consideration pesticide use records and other relevant
information. If the Administrator determines that reduc-
tion goals or plan established by a reduction council is in-
adequate to substantially reduce the risks of pesticides
within that region or that it underestimates the extent of
feasible pesticide reduction that can occur for that region,
the Administrator shall not approve the plan. If the goals
or plans for any region are not approved, each State with-
in the region shall be denied use of any pesticide under
section 24c and section 18 of the Federal Insecticide, Fun-
gicide, and Rodenticide Act until such time as the plan
is adequately approved.
‘‘(d) PROGRAMS TO ASSIST FARMERS IN ADOPTING
IPM SYSTEMS.—Not later than 18 months after the date
of the enactment of this section, the Secretary, in con-
sultation with the Administrator and regional reduction
councils, shall develop and implement programs, based on
the plans developed by the reduction councils pursuant to
section 29(a)(3)(C), to assist farmers in adopting inte-
grated pest management systems and meeting regional re-
duction goals including farmer-to-farmer demonstrations
of effective IPM systems as identified in section
29(a)(3)(A).
‘‘(e) ASSESSMENT OF PROGRESS.—
‘‘(1) 
BASELINE.—The 
Administrator 
shall
measure annual progress toward meeting the re-
gional reduction goals. The goals shall be measured
against an averaged baseline reflecting pesticide ap-
plications in the 3 years immediately prior to the ap-
proval of the regional pesticide reduction plans dis-
cussed in section 29(a)(3)(C). The baseline shall be
derived from surveys of pesticide usage records for
that region and other information.
‘‘(2) MID-TERM EVALUATION.—Within 3 years
of enactment of this Act, the Administrator shall as-
sess progress toward achievement of the pesticide re-
duction goals in each region. If the Administrator
determines that adequate progress toward a regional
goal or the overall purposes of the Act has not been
made, the Secretary shall, within 1 year thereafter,
‘‘(B) practical and feasible as a result of
improvements in pest management systems and
technologies.
‘‘(f) FEE INCENTIVE.—Each registrant shall pay to
the Secretary an assessment equal to 2⁄10 of 1 percent of
the sales value of any registered pesticide. A registrant
is not required to pay an assessment for pesticides reg-
istered and labeled for use in further manufacturing or
formulating of pesticide products. The proceeds of such
assessment shall be used for demonstration and extension
activities incurred under subsection (d) of this section.
‘‘(g) NONAGRICULTURAL PESTICIDE REDUCTION.—
‘‘(1) PUBLIC
EDUCATION.—Not later than 1
year after the date of the enactment of this section,
the Administrator shall publish, and make available
to the public, educational materials concerning inte-
grated pest management systems for building and
landscape pests. The materials shall include informa-
tion on integrated pest management, pest identifica-
tion, threshold identification, least toxic treatment
options and timing, evaluation procedures, and other
relevant information.
‘‘(2) PESTICIDE REDUCTION PLAN.—Not later
than 1 year after the date of the enactment of this
section, the Administrator shall establish a program
to set quantitative goals for reducing or eliminating,
to the extent practicable, the use of nonagricultural
pesticides and to carry out plans to achieve such
goals within 6 years. Highest priority shall be given
to reducing the use of insecticides, fungicides, and
herbicides used to control building and landscape
pests.
‘‘(h) PESTICIDE USE
BY FEDERAL AGENCIES.—
Each agency (as defined in section 551(1) of title 5, Unit-
ed States Code, shall establish pesticide reduction goals
and develop and implement integrated pest management
systems to achieve the goals. Such goals shall apply, at
least, to any Federal contract, grant, or cooperative agree-
ment entered into by such agency.
‘‘(i) PROGRESS REPORTS.—The Administrator shall
publish and disseminate an annual assessment of progress
in advancing adoption of most effective integrated pest
management systems and achieving the overall purposes
of this section.’’.
(b) Subsection (c) of section 11 of the Federal Insec-
ticide, Fungicide, and Rodenticide Act (7 U.S.C. 136i) is
amended to read as follows:
‘‘(c) INSTRUCTION IN INTEGRATED PEST MANAGE-
MENT TECHNIQUES.—Standards prescribed by the Ad-
ministrator for the certification of applicators of pesticides
under subsection (a), and State plans submitted to the Ad-
ministrator under subsections (a) and (b), shall include
provisions requiring that individuals receive comprehensive
instruction in integrated pest management techniques, in-
cluding field experience, and be shown to be competent
with respect to the use of the techniques.’’.
SEC. 6. FEDERAL GOVERNMENT FOOD PURCHASES.
(a) DETERMINATION OF PERCENTAGE OF ORGANI-
CALLY PRODUCED FOOD.—Not later than 1 year after the
date of the enactment of this section, and annually there-
after, the Secretary of Agriculture shall determine the per-
centage of food purchases throughout the United States
that are organically produced as defined in the Food, Agri-
culture and Conservation Trade Act (7 U.S.C. 6502(14)).
(b) GOALS.—
(1) 3-YEAR GOAL.—Not later than 3 years after
the date of the enactment of this section, each agen-
cy (as defined in section 551(1) of title 5, United
States Code) shall develop a procurement plan that
ensures that the percentage of the agency’s pur-
chases of organically produced food meets or exceeds
the percentage determined under subsection (a).
(2) 6-YEAR GOAL.—Not later than 6 years after
the date of the enactment of this section, each agen-
cy shall ensure that the percentage of the agency’s
purchases of organically produced food meets or ex-
ceeds twice the percentage determined under sub-
section (a).
SEC. 7. PESTICIDE RECORDKEEPING AND REPORTING.
(a) IN GENERAL.—The Federal Insecticide, Fun-
gicide, and Rodenticide Act is amended by inserting after
section 8 (7 U.S.C. 136f) the following new section:
‘‘SEC. 8a. PESTICIDE USE RECORDKEEPING AND REPORT-
ING.
‘‘(a) REQUIREMENTS.—
‘‘(1) IN
GENERAL.—The Secretary of Agri-
culture and the Administrator shall establish a na-
tional pesticide use recordkeeping and reporting sys-
tem for agricultural and nonagricultural applica-
tions.
‘‘(2) PERSONS REQUIRED TO KEEP RECORDS.—
The following persons shall maintain records of pes-
ticide use:
‘‘(A) Any person who uses a pesticide for
a commercial agricultural use.
‘‘(B) Any person certified to apply a pes-
ticide classified as a restricted use pesticide
under section 3(d)(1)(C).
‘‘(C) Any person engaged for hire in the
business of pest control.
‘‘(3) 
INFORMATION.—The 
records 
required
under this section shall include the product name,
target pest, crop, or site being treated, including
total acreage or units treated, amount applied, date
and time of application, and the location of applica-
tion of each pesticide used. Records shall be main-
tained using a standard form as specified by the
Secretary.
‘‘(4) ADDITIONAL
RECORDS.—The Adminis-
trator shall establish such additional recordkeeping
requirements as necessary to evaluate adoption of
nonchemical pest management methods and changes
in pesticide usage patterns.
‘‘(5) COPY OF RECORDS FROM APPLICATOR TO
PRINCIPAL.—Within 7 days of a pesticide applica-
tion, an applicator shall provide a copy of records
maintained under paragraph (1) to the person for
whom such application was provided.
‘‘(6) RETENTION
OF
RECORDS.—Records re-
quired pursuant to this section shall be retained for
a period of at least 3 years following the application
of a pesticide.
‘‘(7) COPY OF RECORDS FROM APPLICATOR TO
SECRETARY AND ADMINISTRATOR.—Every 6 months,
a person subject to the recordkeeping requirements
of this section shall report the pesticide use of the
person by providing copies of the records maintained
under paragraphs (3) and (4) to the Secretary and
the Administrator. An exception shall be made for a
person who meets the definition of paragraph (2)
and resides in a State that operates a comparable
pesticide use recordkeeping and reporting system as
determined by the Secretary. Such a person shall
submit records in accordance with the State pro-
gram.
‘‘(8) COPY OF RECORDS FROM SECRETARY AND
ADMINISTRATOR
TO
STATES.—Not later than 3
months after receipt of the records, on the request
of a State, the Secretary and the Administrator shall
provide to the State copies of the records received
under paragraph (7).
‘‘(9) COPY OF RECORDS FROM STATES TO SEC-
RETARY AND ADMINISTRATOR.—The Secretary and
Administrator shall identify those States with pes-
ticide recordkeeping and use reporting systems com-
parable to the national program established by this
Act. Every 6 months, such States shall be required
to submit individual pesticide records to the Admin-
istrator and Secretary.
‘‘(b) PUBLIC ACCESS.—
‘‘(1) IN GENERAL.—A record submitted to the
Secretary and the Administrator under subsection
(a)(7) shall be available to the public during normal
working hours at a location designated by the Sec-
retary and the Administrator, except that an em-
ployee of a Federal agency may not disclose the
identity of an individual grower.
‘‘(2) DATABASE.—Not later than 1 year after
the date of enactment of this section, the Adminis-
trator shall establish and maintain in a computer
database a national pesticide use inventory based on
data submitted under subsection (a)(7). The Admin-
istrator shall make the data accessible by computer
telecommunication and other means to any inter-
ested person or organization.
‘‘(c) HEALTH CARE PERSONNEL.—
‘‘(1) IN GENERAL.—If a health professional de-
termines that pesticide information maintained
under this section is necessary to provide medical
treatment or first aid to an individual who may have
been exposed to the pesticides for which the informa-
tion is maintained, on request, a person required to
maintain records under subsection (a) shall promptly
provide the record and available label information to
the health professional.
‘‘(2) EMERGENCIES.—In the case of an emer-
gency, the record information shall be provided im-
mediately or within 24 hours.
‘‘(d) ENFORCEMENT
AND PENALTIES.—The Sec-
retary, in consultation with the Administrator, shall be re-
sponsible for enforcement of subsections (a), (b), and (c).
A person who violates any such subsection during a crop
year shall—
‘‘(1) in the case of the first offense, be subject
to a fine of not less than $1,000;
‘‘(2) in the case of the second offense, be sub-
ject to a fine of not less than $5,000; and
‘‘(3) in the case of the third offense, be subject
to a fine of not less than $20,000.
‘‘(e) PILOT PROJECT.—
‘‘(1) IN
GENERAL.—Not later than 90 days
after the date of enactment of this section, the Sec-
retary and the Administrator shall establish a pilot
project to assess the feasibility of having pesticide
users subject to the reporting requirements of this
section submit such records using electronic or tele-
phonic means.
‘‘(2) REPORT.—Not later than 270 days after
the date of enactment of this subsection, the Sec-
retary and the Administrator shall report to the
Congress on the findings of the study and make rec-
ommendations regarding widespread implementation
of electronic or telephonic submission of pesticide
use reports.
‘‘(f) SURVEYS AND REPORTS.—
‘‘(1) IN GENERAL.—The Secretary and the Ad-
ministrator shall utilize the data submitted under
subsection (a) to assess progress made towards
achieving the national pesticide reduction goals of
section 29 and in preparing the progress reports to
Congress required under section 29(h). Within 3
years of enactment and annually thereafter, the Sec-
retary and Administrator shall submit a report to
Congress assessing compliance with this provision of
the Act including the percentage of growers in com-
pliance and the number of enforcement actions
taken.
‘‘(2) MEMORANDUM OF UNDERSTANDING.—The
Secretary and the Administrator shall enter a memo-
randum of understanding that defines the respective
responsibilities of the Secretary and the Adminis-
trator under this section in order to avoid duplica-
tion of efforts.
‘‘(g) REGULATIONS.—Not later than 180 days after
the date of the enactment of this section, the Secretary
and the Administrator shall issue such regulations under
their respective authority, as are necessary to carry out
their respective duties under this section.’’.
(b) CONFORMING AMENDMENTS.—
(1) Section 11 of the Federal Insecticide,
Rodenticide and Fungicide Act (7 U.S.C. 1361) is
amended—
(A) by striking subsection (d); and
(B) by redesignating subsection (e) as sub-
section (d).
(2) Section 1491 of the Food, Agriculture, Con-
servation, and Trade Act of 1990 (7 U.S.C. 136i–
1) is repealed.
SEC. 8. AGRICULTURE RESEARCH.
Section 20 of the Federal Insecticide, Fungicide and
Rodenticide Act (7 U.S.C. 136r) is amended by redesig-
nating subsections (b) and (c) as subsections (c) and (d)
and by adding a new subsection (b) to read as follows:
‘‘(b)(1) AGRICULTURAL RESEARCH SERVICE
AND
COOPERATIVE EXTENSION SERVICE.—No later than 6
months from the date of enactment of this section, the
Secretary of Agriculture shall ensure that the predominant
goal of all pest and weed management research and exten-
sion activities conducted within Agricultural Research
Service and the Cooperative Extension Service, respec-
tively, is development of and transfer of technology related
to integrated pest management systems that reduce the
use of or reliance on pesticides and are otherwise consist-
ent with the goals of this Act and the purposes and prin-
ciples set forth in sections 5801 and 5901 of title 7, Unit-
ed States Code.
‘‘(2) REPORT TO CONGRESS.—Within 2 years of en-
actment of this section and biannually thereafter, the Sec-
retary of Agriculture shall report to Congress the progress
of the Agricultural Research Service and Cooperative Ex-
tension Service in developing and transferring technology
related to integrated pest management systems that re-
duce the use of or reliance on pesticides and otherwise
meet the goals of this Act.’’.
SEC. 9. GRANTS.
Section 2 of the Act entitled ‘‘An Act to facilitate
the work of the Department of Agriculture, and for other
purposes’’ (7 U.S.C. 450i) is amended by adding at the
end the following:
‘‘(n) COMPETITIVE GRANTS.—
‘‘(1) NATIONAL RESEARCH INITIATIVE.—Within
6 months of enactment of this section, the Secretary
of Agriculture shall ensure that the goal of pest
management research conducted by the National Re-
search Initiative in the areas of plant systems and
natural resources and environment is development of
biological, cultural and other nonchemical methods
of pest control that reduce the use of or reliance on
pesticides and are compatible with the goals of this
Act and the development of systems of sustainable
agriculture.
‘‘(2) INTEGRATED PEST MANAGEMENT SYSTEMS
DEFINED.—For the purposes of this section, the
term ‘integrated pest management systems’ shall
have the same meaning as that term is defined in
section 2(hh) of the Federal Insecticide, Fungicide
and Rodenticide Act.
‘‘(3) REGULATIONS AND COMMENT.—Not later
than 1 year from the date of enactment of this sec-
tion, the Secretary of Agriculture shall adopt regula-
tions establishing priorities and resource allocations
for competitive grants research in Integrated Pest
Management systems.
‘‘(4) REVIEW PROCESS.—Not later than 1 year
from the date of enactment of this section, the Sec-
retary shall establish a 2-tier review process for com-
petitive grants to support integrated pest manage-
ment projects. The first tier shall be a scientific re-
view. The second tier shall be by an external review
panel consisting of at least one member of each of
the regional pesticide reduction councils, a farmer
involved in onfarm and educational outreach, a so-
cial scientist with expertise in technology assessment
and the structure of agriculture, and a representa-
tive of a nonprofit organization involved in agricul-
tural research or research policy with expertise in
assessing the social and environmental effects of
farming systems. The review panel shall assess an-
nually the progress of the competitive grants pro-
grams in developing integrated pest management
systems that reduce the use of or reliance on pes-
ticides and otherwise meet the goals of this Act and
the Food, Agriculture, Conservation, and Trade Act
of 1990.
‘‘(5) COST-SHARE ASSISTANCE FOR IPM.—Not
later than 3 years from enactment of this section,
the Secretary shall ensure that no less than 10 per-
cent of Agricultural Conservation Program funding
shall be made available for the Integrated Crop
Management program. The Secretary shall also en-
sure that the Integrated Crop Management program
is available in every county and State and that the
Cooperative Extension Service provides the support
needed for its agents to be involved in developing