[Congressional Record Volume 153, Number 126 (Thursday, August 2, 2007)]
[Senate]
[Pages S10842-S10844]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             PESTICIDE REGISTRATION IMPROVEMENT RENEWAL ACT

  Mr. PRYOR. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of S. 1983, introduced earlier 
today by Senators Harkin and Chambliss.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (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.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. HARKIN. Mr. President, I am pleased to join with my colleague and 
committee ranking member, Senator Chambliss, to offer the Pesticide 
Registration Improvement Renewal Act.
  This legislation will reauthorize and amend the Pesticide 
Registration Improvement Act we enacted in 2003 to control the 
collection and disbursement of fees collected in the pesticide 
registration process. This legislation extends the authority for the 
Environmental Protection Agency to collect maintenance fees for the 
reregistration of pesticides.
  This legislation is agreed upon by a broad array of stakeholders, 
including the manufacturers, environmental groups and agricultural 
producers. This legislation ensures that these chemicals are 
reevaluated in a timely manner, while covering the costs of the EPA 
workers who carry out this important work. This bill has no budgetary 
impact and should not be controversial. I ask my colleagues to support 
this important measure.
  Mr. PRYOR. Mr. President, I ask unanimous consent that the bill be 
read three times and passed, the motion to reconsider be laid upon the 
table, with no intervening action or debate, and that any statements 
relating to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 1983) was ordered to be engrossed for a third reading, 
was read the third time, and passed, as follows:

                                S. 1983

       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:

[[Page S10843]]

       ``(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''.

[[Page S10844]]

       (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.

                          ____________________