[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1983 Enrolled Bill (ENR)]

        S.1983

                       One Hundred Tenth Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Thursday,
            the fourth day of January, two thousand and seven


                                 An Act


 
  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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.