Short title

This Act may be cited as the

Pesticide Registration Improvement Renewal Act

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.

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.

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.

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.

Effective date

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