An act to extend the Federal Insecticide, Fungicide, and Rodenticide Act, until September 30, 1981, and for other purposes.
PL 96-539 (H.R.7018), enacted 12/17/1980

94 STAT. 3194 
PUBLIC LAW 96-539—DEC. 17, 1980 
Public Law 96-539 
96th Congress 
An Act 
Dec. 17, 1980 
[H.R. 7018] 
Federal 
Insecticide, 
Fungicide, and 
Rodenticide 
Act, 
amendment. 
7 u s e 136w. 
7 u s e 136d. 
7 u s e 136w. 
7 u s e 136d. 
To extend the Federal Insecticide, Fungicide, and Rodenticide Act until September 
30, 1981, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SCIENTIFIC ADVISORY PANEL 
SECTION 1. Section 25(d) of the Federal Insecticide, Fungicide, and 
Rodenticide Act is amended by— 
(1) inserting immediately after the fifth sentence the following 
new sentences: "The subpanels may be composed of scientists 
other than members of the advisory panel, as deemed necessary 
for the purpose of evaluating scientific studies relied upon by the 
Administrator with respect to proposed action. Such additional 
scientists shall be selected by the advisory panel."; and 
(2) adding at the end thereof the following sentence: "When-
ever the Administrator exercises authority under section 6(c) of 
this Act to immediately suspend the registration of any pesticide 
to prevent an imminent hazard, the Administrator shall 
promptly submit to the advisory panel for comment, as to the 
impact on health and the environment, the action taken to 
suspend the registration of such pesticide.". 
PEER REVIEW 
SEC. 2. (a) Section 25 of the Federal Insecticide, Fungicide, and 
Rodenticide Act is amended by adding at the end thereof the 
following new subsection (e): 
"(e) PEER REVIEW.—The Administrator shall, by written proce-
dures, provide for peer review with respect to the design, protocols, 
and conduct of major scientific studies conducted under this Act by 
the Environmental Protection Agency or by any other Federal 
agency, any State or political subdivision thereof, or any institution 
or individual under grant, contract, or cooperative agreement from or 
with the Environmental Protection Agency. In such procedures, the 
Administrator shall also provide for peer review, using the advisory 
panel established under subsection (d) of this section or appropriate 
experts appointed by the Administrator from a current list of 
nominees maintained by such panel, with respect to the results of any 
such scientific studies relied upon by the Administrator with respect 
to actions the Administrator may take relating to the change in 
classification, suspension, or cancellation of a pesticide: Provided, 
That whenever the Administrator determines that circumstances do 
not permit the peer review of the results of any such scientific 
study prior to the Administrator's exercising authority under section 
6(c) of this Act to immediately suspend the registration of any 
pesticide to prevent an imminent hazard, the Administrator shall 
promptly thereafter provide for the conduct of peer review as pro-
PUBLIC LAW 96-539—DEC. 17, 1980 
94 STAT. 3195 
vided in this sentence. The evaluations and relevant documentation Comments 
constituting the peer review that relate to the proposed scientific 
studies and the results of the completed scientific studies shall be 
included in the submission for comment forwarded by the Adminis-
trator to the advisory panel as provided in subsection (d). As used in 
this subsection, the term 'peer review' shall mean an independent 
evaluation by scientific experts, either within or outside the 
Environmental Protection Agency, in the appropriate disciplines.", 
(b) The provisions of this section shall become effective upon 
publication in the Federal Register of final procedures for peer 
review as provided in this section, but in no event shall such 
provisions become effective later than one year after the date of 
enactment of this Act. 
"Peer review." 
Publication in 
Federal 
Register. 
7USC136wnote. 
AUTHORIZATION FOR APPROPRIATIONS 
SEC. 3. Section 31 of the Federal Insecticide, Fungicide, and Roden- 7 use I36y. 
ticide Act, is amended by adding at the end thereof the following new 
sentence: "There are hereby authorized to be appropriated to carry 
out the provisions of this Act for the period beginning October 1,1979, 
and ending September 30, 1980, such sums as may be necessary, but 
not in excess of $72,160,000, and for the period beginning October 1, 
1980, and ending September 30,1981, such sums as may be necessary, 
but not in excess of $77,500,000.". 
CONGRESSIONAL REVIEW 
SEC. 4. Section 25(a) of the Federal Insecticide, Fungicide, and 
Rodenticide Act is amended by adding at the end thereof the 
following new pareigraph (4): 
"(4) RULE AND REGULATION REVIEW.— 
"(A) CONGRESSIONAL REVIEW.—Notwithstanding any other pro-
vision of this Act, simultaneously with promulgation of any rule 
or regulation under this Act, the Administrator shall transmit a 
copy thereof to the Secretary of the Senate and the Clerk of the 
House of Representatives. Except as provided in subparagraph 
(B), the rule or regulation shall not become effective, if within 90 
calendar days of continuous session of Congress after the date of 
promulgation, both Houses of Congress adopt a concurrent 
resolution, the matter after the resolving clause of which is as 
follows: 'That Congress disapproves the rule or regulation pro-
mulgated by the Administrator of the Environmental Protection 
Agency dealing with the matter of 
, which rule or 
regulation was transmitted to Congress on 
', the 
blank spaces therein being appropriately filled. 
"(B) EFFECTIVE DATE.—If at the end. of 60 calendar days of 
continuous session of Congress after the date of promulgation of 
a rule or regulation, no committee of either House of Congress 
has reported or been discharged from further consideration of a 
concurrent resolution disapproving the rule or regulation, and 
neither House has adopted such a resolution, the rule or regula-
tion may go into effect immediately. If, within such 60 calendar 
days, such a committee has reported or been discharged from 
further consideration of such a resolution, or either House has 
adopted such a resolution, the rule or regulation may go into 
effect not sooner than 90 calendar days of continuous session of 
Congress after its promulgation unless disapproved as provided 
in subparagraph (A). 
7 u s e 136w. 
Transmittal. 
94 STAT. 3196 
PUBLIC LAW 96-539—DEC. 17, 1980 
"(C) For the purposes of subparagraphs (A) and (B) of this 
paragraph— 
"(i) contmuity of session is broken only by an adjournment 
of Congress sine die; and 
"(ii) the days on which either House is not in session 
because of an adjournment of more than 3 days to a day 
certain are excluded in the computation of 60 and 90 calen-
dar days of continuous session of Congress. 
"(D) EFFECT OF CONGRESSIONAL INACTION.—O)ngressional inac-
tion on or rejection of a resolution of disapproval shall not be 
deemed an expression of approval of such rule. 
"(E) JUDICIAL REVIEW.— 
"(i) Any interested party, including any person who par-
ticipated in the rulemaking involved, may institute such 
actions in the appropriate district court of the United States, 
including actions for declaratory judgment, as may be appro-
priate to construe the constitutionality of any provision of 
this paragraph. The district court immediately shall certify 
all questions of the constitutionality of this paragraph to the 
United States court of appeals for the circuit involv^, which 
shall hear the matter sitting en banc. 
"(ii) Notwithstanding any other provision of law, any 
decision on a matter certified under clause (i) of this subpara-
graph shall be reviewable by appeal directly to the Supreme 
Court of the United States. Such appeal shall be brought not 
later than 20 days after the decision of the court of appeals. 
"(iii) It shall be the duty of the court of appeals and of the 
Supreme Court of the United States to advance on the docket 
and to expedite to the greatest possible extent the disposition 
of any matter certified under clause (i) of this subpara-
graph.". 
Approved December 17, 1980. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 96-1020 (Comm. on Agriculture) and No. 96-1480 (Comm. of 
Ck)nference). 
SENATE REPORT No. 96-764 accompanying S. 2587 (Comm. on Agriculture, Nutri-
tion, and Forestry). 
CONGRESSIONAL RECORD, Vol. 126 (1980): 
June 17, considered and failed of passage in House. 
June 24, considered and passed House. 
July 24, S. 2587 passed Senate; passage vacated and H.R. 7018, amended, passed 
in lieu. 
Dec. 1, Senate agreed to conference report. 
Dec. 4, House agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 16, No. 51: 
Dec. 17, Presidential statement.