SECTION 27. AUTHORIZATION FOR APPROPRIATIONS This section authorizes appropriation of $15,000,000, $25,000,000, and $35,000,000 necessary to carry out the provisions of the Act for fiscal years 1973, 1974, and 1975 respectively. Thereafter new legislation will determine authorized appropriations. The section provides that the expenses of the Federal government in carrying out the Act are to be paid from general appropriations, not fees, except that reasonable registration fees may be charged. COST OF THE LEGISLATION The committee agrees with the cost estimates submitted by the Environmental Protection Agency for new activities required by the bill. Costs would amount to $15.0 million in FY 1973; $22.3 million in FY 1974; $30.8 million in FY 1975; $32.2 million in FY 1976; and $31.4 million in FY 1977. CHANGES IN EXISTING LAW Rule XXIX of the Standing Rules of the Senate requires each committee report to show the changes made in existing law by the proposed legislation. However, Rule XXIX provides that the requirement may be waived if the committee reporting the proposed legislation determines it necessary in order to expedite the business of the Senate. The report of the Committee on Agriculture and Forestry contains the changes made in existing law by H.R. 10729. As the amendments recommended by the Committee on Commerce are described in detail elsewhere in this report, the committeee has determined that the changes made in existing law should not be shown in this report in order to expedite the business of the Senate. AGENCY COMMENTS HON WARREN G. MAGNUSON, Washington, D.C., June 27, 1972. Chairman, Committee on Commerce, U.S. Senate, DEAR MR. CHAIRMAN: The proposed "Federal Environmental Pesticide Control Act of 1971", H.R. 10729, has recently come to our attention. Since enactment of the bill would necessitate some action by this Department, we would like to offer our views on it. The bill would amend the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 135 et seq.), by expanding the comprehensive program for the control and use of pesticides, including Federal and State cooperation. Section 2 (aa) defines the term "State" as "a State, the District of Columbiaa, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Trust Territory of the Pacific Islands, and American Samoa." This would extend the coverage of the Act to a geographical area greater than that comprising the Customs territory of the United States (the States, the District of Columbia and the Commonwealth of Puerto Rico). Therefore, we recommend that subsection 16 (c) be amended to define "State" for the purposes of that subsection to include the States, the District of Columbia, and the Commonwealth of Puerto Rico. Section 16(c), like the existing law (7 U.S.C. 135th), provides that the Secretary of the Treasury shall notify the Administrator of the Environment Protection Agency of the arrival of pesticides and devices, and deliver samples to the Administrator, upon his request. Because acute dermal or inhalation toxicity of many of those substances may be hazardous to the persons handling them, we would expect to make regulations under the authority of section 16(e) to insure the safety of Customs officers taking samples. Section 16(c) would also provide that the Secretary of the Treasury may deliver a pesticide or device in violation of the provisions of the Act to the consignee pending examination and decision, on execution of a bond for the full amount of the invoice value plus duty. On refusal to return the pesticide or device to the custody of the Secretary of the Treasury, when demanded, the consignee shall forfieit the full amount of the bond. As worded, this provision would allow for no reduction of the claim or liquidated damages, such as presently provided for in section 1623 (c), Tariff Act of 1930, under which the Secretary of the Treasury may cancel any charge against a bond upon payment of a lesser amount. As primary administrative and enforcement responsibility properly is to be exercised under the bill by the Administrator, Environmental Protection Agency, it is suggested that section 16 (e) be changed to read: "(e) REGULATIONS.-The Administrator shall prescribe regulations for the enforcement of this section, and the Secretary of the Treasury, in consultation with the Administrator, shall prescribe conforming regulations for Customs enforcement and sampling procedures at ports of entry." Since the Bureau of Customs does not have the expertise to determine if a pesticide or device complies with the requirements of the Environmental Protection Agency, you may wish to consider inclusion of a provision similar to the following: "Every person importing a pesticide or device into the United States shall furnish Customs at the port of entry a certificate of compliance in the form prescribed by the Administrator, certifying that such pesticide or device conforms to all Federal requirements prescribed under this Act, or that nonconforming articles will be brought into compliance under procedures prescribed in regulations of the Administrator." The Department defers to the Environmental Protection Agency, which has primary administrative and enforcement responsibilities, on the merits of the bill. The Department does not anticipate any unusual difficulties in carrying out at ports of entry its supporting enforcement responsibilities. The Department has been advised by the Office of Management and Budget that there is no objection from the standpoint of the Administration's program to the submission of this report to your Committee. Sincerely yours, SAMUEL R. PIERCE, Jr., 1.1k (4) COMMITTEE OF CONFERENCE S. REP. No. 92–1540, 92d Cong., 2d Sess. (1972) FEDERAL ENVIRONMENTAL PESTICIDE CONTROL ACT OCTOBER 5, 1972.-Ordered to be printed Mr. POAGE, from the committee of conference, CONFERENCE REPORT [To accompany H.R. 10729] The committee of conference on the disagreeing votes of the two Houses on the amendment of the Senate to the bill (H.R. 10729) to amend the Federal Insecticide, Fungicide, and Rodenticide Act, and for other purposes having met, after full and free conference, have agreed to recommend and do recommend to their respective Houses as follows: That the House recede from its disagreement to the amendment of the Senate and agree to the same with an amendment as follows: In lieu of the matter proposed to be inserted by the Senate amendment insert the following: That this Act may be cited as the "Federal Environmental Pesticide Control Act of 1972". AMENDMENts to federAL INSECTICIDE, Fungicide, and RODENTICIDE ACT SEC. 2. The Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 135 et seq.) is amended to read as follows; "SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. "(a) SHORT TITLE.-This Act may be cited as the 'Federal Insecticide, Fungicide, and Rodenticide Act'. (2) Private applicator. "(3) Commercial applicator. (4) Under the direct supervision and control of a certified applicator. "(f) Defoliant. (g) Desiccant. (h) Device. "(i) District court. (j) Environment. "(k) Fungus. "(1) Imminent hazard. "(m) Inert ingredient. "(n) Ingredient statement. "(o) Insect. "(p) Label and labeling. "(1) Label. "(2) Labeling. "(q) Misbranded. (r) Nematode. "(s) Person. "(t) Pest. "(u) Pesticide. "(v) Plant regulator. "(w) Producer and produce. "(x) Protect health and the environment. "(y) Registrant. "(z) Registration. "(aa) State. 66 "(bb) Unreasonable adverse effects on the environment. (cc) Weed. "(dd) Establishment. "Sec. 3. Registration of pesticides. "(a) Requirement. "(b) Exemptions. "(c) Procedure for registration. "(1) Statement required. "(2) Data in support of registration. "(3) Time for acting with respect to application. "(4) Notice of application. "(5) Approval of registration. "(6) Denial of registration. "(d) Classification of pesticides. "(1) Classification for general use, restricted use, or both. "(e) Products with same formulation and claims. "(f) Miscellaneous. "(1) Effect of change of labeling or formulation. "(3) Authority to consult other Federal agencies. "Sec. 4. Use of restricted use pesticide; certified applicators. "(a) Certification procedure. "(1) Federal certification. "(2) State certification. "(b) State plans. "Sec. 5. Experimental use permits. "(a) Issuance. "(b) Temporary tolerance level. "(c) Use under permit. "(d) Studies. "(e) Revocation. |