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CRS86796ENRpage50
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CRS86796ENRpage50
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CRS-46, \ Further amendments regarding these provisions might be offered during consideration of H.R. 2482 before the House. In the Senate, additional proposals are expected during Committee mark-up if not also on the Senate floor. I Llsnkxnv OF s wASH|NC5TN U’NI”VeER8jlT‘.l:' 31'." LOUl‘S '- MO.
CRS86796ENRpage22
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CRS86796ENRpage22
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. A product came under an RPAR “In the original set of amendments offered in 1971 by the Nixon Administration, pesticides were to be classified in three categories: 13 general use, to allow unrestricted use of products which presented no -unreasonable risks to the applicator. consumer of the treated commodity, or the environment: 2) restricted use. to control the use of products which presented acute risks
CRS86796ENRpage05
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CRS86796ENRpage05
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PESTICIDE REGULATION: l986 AMENDMENTS TO FIFRA I. INTRODUCTION Pesticides are chemicals used to control many kinds of pests: insects that attack crops, destroy materialsy and serve as disease vectors; weeds, fungi and other disease-causing organisms; nematodes; and others. They have become major components of agricultural production and of health protection. Against their benefits, certain hazards must be ‘weighed. Pesticides may be highly toxic, some are persistent in the environment, and many pose risks to nontarget organisms. During World War II, synthetic organic pesticides were developed for use in the war effort. After the war, the pesticide industry expanded rapidly. In l947, Congress enacted the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to protect farmers from ineffective and dangerous pesticides. It accomplished this through registration of labels that were required on all pesticides. The regulatory authority to control pesticide use comes through the requirement that before a pesticide can be marketed. it must be granted a "registration," a decision based on a determination of what uses are safe and what use restrictions are necessary. The law was under the jurisdiction of the U.S. Department of Agriculture (USDA).
CRS86796ENRpage34
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CRS86796ENRpage34
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CR8-30 techniques mean that more and more impurities, breakdown products. and metabolites of a pesticide can be identified. If any one of them is a carcinogen. EDA must determine the proper application of the Delaney Clause. Similarly, techniques to identify carcinogenic activity are increasingly sensitive, but the meaning of some test responses remains open to question. In these cases where the test implications are debatable, who should referee the debate (EPA or FDA), and should the Delaney Clause apply? Similarly. one can ask whether registration should proceed for a pesticide that is carcinogenic in animal tests and meets risk—benefit criteria for registration for use on raw agricultural commodities, but one of its residues is also subject to food additive tolerance requirements, including the Delaney Clause zero residue proviso. For example, if the Delaney Clause were to prohibit a 409 food additive tolerance for a pesticide residue in citrus oil, should all tolerances for the pesticide on citrus be disapproved since it is not possible to know what oranges will be used in making citrus oil? The second issue arises primarily because FIFRA provides for 5-year reregistrations. whereas FDCA tolerances are "permanent." The FDCA includes no procedure for revising them. except through revoking an existing tolerance and setting a new one, which can bepa very cumbersome process. New data generated as a result of current reregistration activities are certain to call into question many tolerances set in previous years on less complete data. (Reregistration is described in an earlier section.) EPA has not yet articulated how it will address tolerances in the light of those new data.
CRS86796ENRpage44
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CRS86796ENRpage44
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r CRS-40 place EPA and the registrant in adversarial roles, which arguably is not the most effective way to develop highly site specific regulations. In addition, since the restrictions are to prevent action levels being exceeded in the future, there would appear to be considerable room for contention about whether present restrictions are needed. The fourth and last major issue addresses the situation where the residue detected in a groundwater drinking water source already exceeds the action level. The controversy surrounds whether or not EPA should immediately prohibit use of the pesticide in the area and/or immediately require registration amendments. What criteria should determine how EPA is to impose restrictions or label amendments which would bring and maintain concentrations of the pesticide at or below the action level at points of human.consumption? How quickly should EPA have to act to mitigate the situation, and what kinds of solutions should EPA be allowed to propose under FIFRA? Such provisions, triggered when a pesticide's action level is ex- ceeded, seek to control the problem quickly by expediting EPA's power to restrict the pesticide's use. For example, some proposals would allow EPA to prohibit the use of a pesticide in a certain area without going through the process of amending the label. However, EPA officials state that such local determinations would either be impossible to make, or would be excessively resource-intensive to properly determine. More easily made determinations, such as a universal decision rule (e.g. prohibiting use within a two-mile radius of the site of contamination), might be administratively feasible, but could adversely affect pesticide
CRS86796ENRpage26
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CRS86796ENRpage26
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CRS-22 the Reviews will be greatly reduced; and 2) the success of changes to the Special Review process is related to proposed changes to the adjudicatory hearing process outlined in FIFRA. (Section 6 of FIFRA outlines procedures for challenges to EPA cancellation proposals: possible changes to these hearing procedures are described in more detail in the next section of this paper.) What is less
CRS86796ENRpage32
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CRS86796ENRpage32
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. In this one case, FIFRA provides for EPA to set a "temporary tolerance,” which has been interpreted as being subject to the same risk—benefit criteria as FIFRA applies in registration. 10 r .
CRS86796ENRpage35
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other factors, State or local variation from the Federal standards is justified. 1 During the 97th Congress the ri nts of States to require further {.7 13 health and safety data beyond that required by EPA proved especially contentious; attempts to strengthen Federal preemption powers were
CRS84749EPWpage34
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permitted to issue unlimited amounts of tax- _ ‘exempt bonds to finance mortgages for veterans. vThe Deficit Reduction Act; __ff (1) limits the volume of bonds issued each year to the average annual volume of. bonds issued between 1979 and 1983; (2) prohibits States from establishing newp veterans‘ mortgage bond programs; (3) requires that new loans may be made under these program only to veterans who
CRS84749EPWpage06
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OOOOOOOOOIOOOOOOOOOOOCO Petlsj-OIISOOCOOOOOOOOOOO00000000000000OOOOOOOOOOOOOOOOOOOO 1. 2. 3. 4. 5. 6. Maximum Contributions and Benefit Payments.................. Special Rules for "Top-Heavy" Plans......................... Rules for the Payment of Benefits........................... Plans Funded Mostly by Employee Contributions............... Retroactive Liability for Withdrawal from Multi- Employer Pension
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CRS84749EPWpage05
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CRS-vy CONTENTS ABSTMCTOO000000000OCOOOOOO’OOOOOOO00000000000000O00IOIOOOOOIICOOIOOOOOIDOO0 IO INTRODUCTIONOOOOOOOOOCOOOOIOOOOOOIOOOCOIOOIOOOIIOOOOOOOOOOIOOCOOOOOI 1 . A0 0verviewOOOIOOOOOOOOOOOIOIIIIOIIIO-COOOOOOOOOOIOIOOOOOOOO I I O I O O O0 1 B. Background and Budget Impact.................................... 2 C. Chronology...................................................... 6 II. CHANGES
CRS84749EPWpage01
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CRS84749EPWpage01
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CRS 84-749 ; Congressional Research Service The Library of Congress '2 ,- ... ’ Washington. o.c. 20540 LCILHX/3: R;5t;4=#= 814 «- 74? EPLU S SUMMARY OF CHANGES IN SOCIAL WELFARE PROGRAMS A MADE BY THE DEFICIT REDUCTION ACT OF 1984 (PUBLIC LAW 98-369) Coordinated by:_ GeneiFa1k Education and Public Welfare Division iseptember 21, 1984 z.1i'a?'/-W"
CRS84749EPWpage32
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CRS+25 3. Rules for the Payment of Benefits (Section 521) ' TEFRA also set new requirements for the payment of pension benefits. It —required that benefit payments begin on the later of: (1) the date an individ- ual retires or (2) the end of the tax year in which an individual reaches age 70 1/2. For "key employees" (see definition under special top-heavy rules, rules, above
CRS84749EPWpage27
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CRS84749EPWpage27
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retired pay benefits. The Deficit Reduction Act repeals this provision, effective for pay periods beginning after July 18, 1984. 2. Other Changes to Federal Employee Retirement Programs The Deficit Reduction Act: (1) provides that military retirement cost-of- living adjustments be paid on January 1, rather than December 31, of each year; (2) permits Federal employees who retire before October 1, 1985
CRS84749EPWpage31
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CRS84749EPWpage31
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CRS-24 1. Maximum Contributions and Benefit Payments (Section 15) The tax code sets maximum contributions to defined contribution pension plans and maximum benefit payments from defined benefit pension plans. Between 1975 and 1982, these limits were adjusted each year for changes in the cost-of- living. The TEFRA lowered the annual maximum contribution and benefit payment to $30,000 and $00,000
CRS85755EPWpage33
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CRS85755EPWpage33
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CRS-13 ithis provides a more complete picture of total retirement and ancillary benefits than replacement ratios.. However, CRS considers the examination of replacement ratios both at retirement andduring the post-retirement period (through age 80) anacceptablemethod for examining total retirement income and the effects of inflation. Moreover, the normal cost calculations in thel CRS study
CRS85755EPWpage60
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CRS85755EPWpage60
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CRS85755EPWpage14
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CRS85755EPWpage17
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CRS-5 B. OPM In determining costs and replacement rates for non-Federal retirement systems, OPM used a statistical sample of 325 public and private retirement plan sponsors (475 plans). .Eligibi1ity and benefit formulas were current as of January 1984. Sampled plans included plans covering hourly workers as well as salaried employees. The plans selected were based onba random stratified sample

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