[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1983 Considered and Passed Senate (CPS)]







110th CONGRESS
  1st Session
                                S. 1983

  To amend the Federal Insecticide, Fungicide, and Rodenticide Act to 
   renew and amend the provisions for the enhanced review of covered 
 pesticide products, to authorize fees for certain pesticide products, 
to extend and improve the collection of maintenance fees, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 2, 2007

  Mr. Harkin (for himself and Mr. Chambliss) introduced the following 
bill; which was read twice, considered, read the third time, and passed

_______________________________________________________________________

                                 A BILL


 
  To amend the Federal Insecticide, Fungicide, and Rodenticide Act to 
   renew and amend the provisions for the enhanced review of covered 
 pesticide products, to authorize fees for certain pesticide products, 
to extend and improve the collection of maintenance fees, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Pesticide Registration Improvement 
Renewal Act''.

SEC. 2. REVIEW OF APPLICATIONS.

    Section 3(c)(3)(B)(ii) of the Federal Insecticide, Fungicide, and 
Rodenticide Act (7 U.S.C. 136a(c)(3)(B)(ii)) is amended--
            (1) in subparagraph (I), by striking ``within 45 days'' and 
        all that follows through ``and,'' and inserting ``review the 
        application in accordance with section 33(f)(4)(B) and,''; and
            (2) in subparagraph (II), by striking ``within'' and 
        inserting ``not later than the applicable decision review time 
        established pursuant to section 33(f)(4)(B), or, if no review 
        time is established, not later than''.

SEC. 3. REGISTRATION REVIEW.

    Section 3(g)(1) of the Federal Insecticide, Fungicide, and 
Rodenticide Act (7 U.S.C. 136a(g)(1)) is amended--
            (1) in subparagraph (A)--
                    (A) in the first sentence, by striking ``The 
                registrations'' and inserting the following:
                    ``(i) In general.--The registrations'';
                    (B) in the second sentence, by striking ``The 
                Administrator'' and inserting the following:
                    ``(ii) Regulations.--In accordance with this 
                subparagraph, the Administrator''; and
                    (C) by striking ``The goal'' and all that follows 
                through ``No registration'' and inserting the 
                following:
                    ``(iii) Initial registration review.--The 
                Administrator shall complete the registration review of 
                each pesticide or pesticide case, which may be composed 
                of 1 or more active ingredients and the products 
                associated with the active ingredients, not later than 
                the later of--
                            ``(I) October 1, 2022; or
                            ``(II) the date that is 15 years after the 
                        date on which the first pesticide containing a 
                        new active ingredient is registered.
                    ``(iv) Subsequent registration review.--Not later 
                than 15 years after the date on which the initial 
                registration review is completed under clause (iii) and 
                each 15 years thereafter, the Administrator shall 
                complete a subsequent registration review for each 
                pesticide or pesticide case.
                    ``(v) Cancellation.--No registration'';
            (2) by redesignating subparagraph (B) as subparagraph (C); 
        and
            (3) by inserting after subparagraph (A) the following:
            ``(B) Docketing.--
                    ``(i) In general.--Subject to clause (ii), after 
                meeting with 1 or more individuals that are not 
                government employees to discuss matters relating to a 
                registration review, the Administrator shall place in 
                the docket minutes of the meeting, a list of attendees, 
                and any documents exchanged at the meeting, not later 
                than the earlier of--
                            ``(I) the date that is 45 days after the 
                        meeting; or
                            ``(II) the date of issuance of the 
                        registration review decision.
                    ``(ii) Protected information.--The Administrator 
                shall identify, but not include in the docket, any 
                confidential business information the disclosure of 
                which is prohibited by section 10.''.

SEC. 4. MAINTENANCE FEES.

    (a) Total Amount of Fees.--Section 4(i)(5)(C) of the Federal 
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a-1(i)(5)(C)) 
is amended by striking ``amount of'' and all that follows through the 
end of clause (v) and inserting ``amount of $22,000,000 for each of 
fiscal years 2008 through 2012''.
    (b) Amounts for Registrants.--Section 4(i)(5) of the Federal 
Insecticide Fungicide, and Rodenticide Act (7 U.S.C. 136a-1(i)(5)) is 
amended--
            (1) in subparagraph (D)--
                    (A) in clause (i), by striking by striking ``shall 
                be'' and all that follows through the end of subclause 
                (IV) and inserting ``shall be $71,000 for each of 
                fiscal years 2008 through 2012; and''; and
                    (B) in clause (ii), by striking ``shall be'' and 
                all that follows through the end of subclause (IV) and 
                inserting ``shall be $123,000 for each of fiscal years 
                2008 through 2012.''; and
            (2) in subparagraph (E)(i)--
                    (A) in subclause (I), by striking ``shall be'' and 
                all that follows through the end of item (dd) and 
                inserting ``shall be $50,000 for each of fiscal years 
                2008 through 2012; and''; and
                    (B) in subclause (II), by striking ``shall be'' and 
                all that follows through the end of item (dd) and 
                inserting ``shall be $86,000 for each of fiscal years 
                2008 through 2012.''.
    (c) Extension of Authority for Collecting Maintenance Fees.--
Section 4(i)(5)(H) of the Federal Insecticide, Fungicide, and 
Rodenticide Act (7 U.S.C. 136a-1(i)(5)(H)) is amended by striking 
``2008'' and inserting ``2012.''
    (d) Other Fees.--
            (1) In general.--Section 4(i)(6) of the Federal 
        Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a-
        1(i)(6)) is amended by striking ``2010'' and inserting 
        ``2014''.
            (2) Prohibition on tolerance fees.--Section 408(m) of the 
        Federal Food, Drug, and Cosmetic Act (21 U.S.C. 346a(m)) is 
        amended by adding at the end the following:
            ``(3) Prohibition.--During the period beginning on the 
        effective date of the Pesticide Registration Improvement 
        Renewal Act and ending on September 30, 2012, the Administrator 
        shall not collect any tolerance fees under paragraph (1).''.
    (e) Reregistration and Expedited Processing Fund.--
            (1) Source and use.--Section 4(k)(2)(A) of the Federal 
        Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a-
        1(k)(2)(A)) is amended--
                    (A) in the first sentence, by inserting ``and to 
                offset the costs of registration review under section 
                3(g)'' after ``paragraph (3)'';
                    (B) in clause (i), by inserting ``and to offset the 
                costs of registration review under section 3(g)'' after 
                ``paragraph (3)''; and
                    (C) in clause (ii), by inserting ``and to offset 
                the costs of registration review under section 3(g)'' 
                after ``paragraph (3)''.
            (2) Expedited processing of similar applications.--Section 
        4(k)(3)(A) of the Federal Insecticide, Fungicide, and 
        Rodenticide Act (7 U.S.C. 136a-1(k)(3)(A)) is amended by 
        striking ``2007 and 2008'' and inserting ``2008 through 2012''.

SEC. 5. PESTICIDE REGISTRATION SERVICE FEES.

    (a) Documentation.--Section 33(b)(2) of the Federal Insecticide, 
Fungicide, and Rodenticide Act (7 U.S.C. 136w-8(b)(2)) is amended--
            (1) in subparagraph (C), by striking clause (ii) and 
        inserting the following:
                            ``(ii) payment of at least 25 percent of 
                        the registration service fee and a request for 
                        a waiver from or reduction of the remaining 
                        amount of the registration service fee.''; and
            (2) by adding at the end the following:
                    ``(D) Payment.--The registration service fee 
                required under this subsection shall be due upon 
                submission of the application.
                    ``(E) Applications subject to additional fees.--An 
                application may be subject to additional fees if--
                            ``(i) the applicant identified the 
                        incorrect registration service fee and decision 
                        review period;
                            ``(ii) after review of a waiver request, 
                        the Administrator denies the waiver request; or
                            ``(iii) after review of the application, 
                        the Administrator determines that a different 
                        registration service fee and decision review 
                        period apply to the application.
                    ``(F) Effect of failure to pay fees.--The 
                Administrator shall reject any application submitted 
                without the required registration service fee.
                    ``(G) Non-refundable portion of fees.--
                            ``(i) In general.--The Administrator shall 
                        retain 25 percent of the applicable 
                        registration service fee.
                            ``(ii) Limitation.--Any waiver, refund, 
                        credit or other reduction in the registration 
                        service fee shall not exceed 75 percent of the 
                        registration service fee.
                    ``(H) Collection of unpaid fees.--In any case in 
                which the Administrator does not receive payment of a 
                registration service fee (or applicable portion of the 
                registration service fee) by the date that is 30 days 
                after the fee is due, the fee shall be treated as a 
                claim of the United States Government subject to 
                subchapter II of chapter 37 of title 31, United States 
                Code.''.
    (b) Amount of Fees.--Section 33(b) of the Federal Insecticide, 
Fungicide, and Rodenticide Act (7 U.S.C. 136w-8(b)) is amended--
            (1) in paragraph (3)--
                    (A) in subparagraph (A), by striking ``Pesticide 
                Registration Improvement Act of 2003'' and inserting 
                ``Pesticide Registration Improvement Renewal Act''; and
                    (B) in subparagraph (B), by striking ``S11631'' and 
                all that follows through the end of the subparagraph 
                and inserting ``S10409 through S10411, dated July 31, 
                2007.''; and
            (2) by striking paragraph (6) and inserting the following:
            ``(6) Fee adjustment.--
                    ``(A) In general.--Effective for a covered 
                pesticide registration application received during the 
                period beginning on October 1, 2008, and ending on 
                September 30, 2010, the Administrator shall increase by 
                5 percent the registration service fee payable for the 
                application under paragraph (3).
                    ``(B) Additional adjustment.--Effective for a 
                covered pesticide registration application received on 
                or after October 1, 2010, the Administrator shall 
                increase by an additional 5 percent the registration 
                service fee in effect as of September 30, 2010.
                    ``(C) Publication.--The Administrator shall publish 
                in the Federal Register the revised registration 
                service fee schedules.''.
    (c) Waivers and Reductions.--Section 33(b)(7)(F) of the Federal 
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w-8(b)(7)(F)) 
is amended--
            (1) in clause (ii), by striking ``all'' and inserting ``75 
        percent''; and
            (2) in clause (iv)(II), by striking ``all'' and inserting 
        ``75 percent of the applicable.''.
    (d) Refunds.--Section 33(b)(8)(A) of the Federal Insecticide, 
Fungicide, and Rodenticide Act (7 U.S.C. 136w-8(b)(8)(A)) is amended by 
striking ``10 percent'' and inserting ``25 percent.''.
    (e) Pesticide Registration Fund.--Section 33(c) of the Federal 
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w-8(c)) is 
amended--
            (1) in paragraph (1)(B), by striking ``paragraph (4)'' and 
        inserting ``paragraph (5)'';
            (2) in paragraph (3)--
                    (A) by striking subparagraph (B) and inserting the 
                following:
                    ``(B) Worker protection.--
                            ``(i) In general.--For each of fiscal years 
                        2008 through 2012, the Administrator shall use 
                        approximately \1/17\ of the amount in the Fund 
                        (but not less than $1,000,000) to enhance 
                        scientific and regulatory activities relating 
                        to worker protection.
                            ``(ii) Partnership grants.--Of the amounts 
                        in the Fund, the Administrator shall use for 
                        partnership grants--
                                    ``(I) for each of fiscal years 2008 
                                and 2009, $750,000; and
                                    ``(II) for each of fiscal years 
                                2010 through 2012, $500,000.
                            ``(iii) Pesticide safety education 
                        program.--Of the amounts in the Fund, the 
                        Administrator shall use $500,000 for each of 
                        fiscal years 2008 through 2012 to carry out the 
                        pesticide safety education program.''; and
                    (B) by striking subparagraph (C); and
            (3) in paragraph (5)--
                    (A) by redesignating subparagraphs (A) through (C) 
                as clauses (i) through (iii), respectively;
                    (B) by striking ``Amounts'' and inserting the 
                following:
                    ``(A) In general.--Amounts''; and
                    (C) by adding at the end the following:
                    ``(B) Use of investment income.--After consultation 
                with the Secretary of the Treasury, the Administrator 
                may use income from investments described in clauses 
                (ii) and (iii) of subparagraph (A) to carry out this 
                section.''.
    (f) Assessment of Fees.--Section 33(d)(2) of the Federal 
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w-8(d)(2)) is 
amended by striking ``For fiscal years 2004, 2005 and 2006 only, 
registration'' and inserting ``Registration''.
    (g) Decision Review Times.--Section 33(f) of the Federal 
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w-8(f)) is 
amended--
            (1) in paragraph (1), by striking ``Pesticide Registration 
        Improvement Act of 2003'' and inserting ``Pesticide 
        Registration Improvement Renewal Act'';
            (2) in paragraph (2), by striking ``S11631'' and all that 
        follows through the end of the paragraph and inserting ``S10409 
        through S10411, dated July 31, 2007.''; and
            (3) in paragraph (4), by striking subparagraph (B) and 
        inserting the following:
                    ``(B) Completeness of application.--
                            ``(i) In general.--Not later than 21 days 
                        after receiving an application and the required 
                        registration service fee, the Administrator 
                        shall conduct an initial screening of the 
                        contents of the application in accordance with 
                        clause (iii).
                            ``(ii) Rejection.--If the Administrator 
                        determines under clause (i) that the 
                        application does not pass the initial screening 
                        and cannot be corrected within the 21-day 
                        period, the Administrator shall reject the 
                        application not later than 10 days after making 
                        the determination.
                            ``(iii) Requirements of screening.--In 
                        conducting an initial screening of an 
                        application, the Administrator shall determine 
                        whether--
                                    ``(I)(aa) the applicable 
                                registration service fee has been paid; 
                                or
                                    ``(bb) at least 25 percent of the 
                                applicable registration service fee has 
                                been paid and the application contains 
                                a waiver or refund request for the 
                                outstanding amount and documentation 
                                establishing the basis for the waiver 
                                request; and
                                    ``(II) the application contains all 
                                the necessary forms, data, and draft 
                                labeling, formatted in accordance with 
                                guidance published by the 
                                Administrator.''.
    (h) Reports.--Section 33(k) of the Federal Insecticide, Fungicide, 
and Rodenticide Act (7 U.S.C. 136w-8(k)) is amended--
            (1) in paragraph (1), by striking ``March 1, 2009'' and 
        inserting ``March 1, 2014''; and
            (2) in paragraph (2)--
                    (A) in subparagraph (A)--
                            (i) by redesignating clauses (ii) through 
                        and (iv) as clauses (v) through (vii), 
                        respectively;
                            (ii) by inserting after clause (i) the 
                        following
                            ``(ii) the number of label amendments that 
                        have been reviewed using electronic means;
                            ``(iii) the amount of money from the 
                        Reregistration and Expedited Processing Fund 
                        used to carry out inert ingredient review and 
                        review of similar applications under section 
                        4(k)(3);
                            ``(iv) the number of applications completed 
                        for identical or substantially similar 
                        applications under section 3(c)(3)(B), 
                        including the number of such applications 
                        completed within 90 days pursuant to that 
                        section;''; and
                            (iii) in clause (vi) (as redesignated by 
                        clause (i))--
                                    (I) in subclause (II), by striking 
                                ``and'' at the end;
                                    (II) in subclause (III), by 
                                striking ``and'' at the end; and
                                    (III) by adding at the end the 
                                following:
                                    ``(IV) providing for electronic 
                                submission and review of labels, 
                                including process improvements to 
                                further enhance the procedures used in 
                                electronic label review; and
                                    ``(V) the allowance and use of 
                                summaries of acute toxicity studies; 
                                and'';
                    (B) in subparagraph (B), by striking ``and'' at the 
                end;
                    (C) in subparagraph (C), by striking the period at 
                the end and inserting a semicolon; and
                    (D) by adding at the end the following:
                    ``(D) a review of the progress in carrying out 
                section 3(g), including--
                            ``(i) the number of pesticides or pesticide 
                        cases reviewed;
                            ``(ii) a description of the staffing and 
                        resources relating to the costs associated with 
                        the review and decision making relating to 
                        reregistration and registration review for 
                        compliance with the deadlines specified in this 
                        Act;
                            ``(iii) to the extent determined 
                        appropriate by the Administrator and consistent 
                        with the authorities of the Administrator and 
                        limitations on delegation of functions by the 
                        Administrator, recommendations for--
                                    ``(I) process improvements in the 
                                handling of registration review under 
                                section 3(g);
                                    ``(II) providing for accreditation 
                                of outside reviewers and the use of 
                                outside reviewers in the registration 
                                review process; and
                                    ``(III) streamlining the 
                                registration review process, consistent 
                                with section 3(g);
                    ``(E) a review of the progress in meeting the 
                timeline requirements for the review of antimicrobial 
                pesticide products under section 3(h); and
                    ``(F) a review of the progress in carrying out the 
                review of inert ingredients, including the number of 
                applications pending, the number of new applications, 
                the number of applications reviewed, staffing, and 
                resources devoted to the review of inert ingredients 
                and recommendations to improve the timeliness of review 
                of inert ingredients.''.
    (i) Termination of Effectiveness.--Section 33(m) of the Federal 
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w-8(m)) is 
amended--
            (1) in paragraph (1), by striking ``2008'' and inserting 
        ``2012''; and
            (2) in paragraph (2)--
                    (A) in subparagraph (A)--
                            (i) in the subparagraph heading, by 
                        striking ``2009'' and inserting ``2013''; and
                            (ii) by striking ``2009'' and inserting 
                        ``2013''; and
                    (B) in subparagraphs (B) and (C)--
                            (i) in the subparagraph headings, by 
                        striking ``2010'' each place it appears and 
                        inserting ``2014''; and
                            (ii) by striking ``2010'' each place it 
                        appears and inserting ``2014''; and
                    (C) in subparagraph (D), by striking ``2008'' each 
                place it appears and inserting ``2012''.

SEC. 6. EFFECTIVE DATE.

    This Act and the amendments made by this Act take effect on October 
1, 2007.
                                 <all>