[Congressional Record Volume 153, Number 142 (Monday, September 24, 2007)]
[House]
[Pages H10721-H10724]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             PESTICIDE REGISTRATION IMPROVEMENT RENEWAL ACT

  Mr. CARDOZA. Mr. Speaker, I move to suspend the rules and pass the 
Senate 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.
  The Clerk read the title of the Senate bill.
  The text of the Senate bill is as follows:

[[Page H10722]]

                                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:
       ``(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 ``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.

[[Page H10723]]

       ``(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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Cardoza) and the gentleman from Virginia (Mr. 
Goodlatte) each will control 20 minutes.
  The Chair recognizes the gentleman from California.
  Mr. CARDOZA. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I come before the House today to encourage passage of S. 
1983, the Pesticide Registration Improvement Renewal Act. This 
reauthorization will ensure continued, stable EPA funding for pesticide 
registration programs, provide predictable timelines for industry, and 
support the introduction of new and safer products for consumers that 
are better for the environment.
  This legislation received extensive input and strong support from a 
unique alliance of the pesticides industry and the environmental 
community. S. 1983 builds on the success of the Pesticide Registration 
Improvement Act of 2003 and deserves to be passed with the unanimous 
consent of this Chamber.
  Mr. Speaker, there are a few points I would like to clarify regarding 
the text of this legislation. Regarding section 5, the summaries of 
acute toxicity studies shall be based on real data to further protect 
public health and the environment, and acute toxicity studies shall be 
conducted in a manner which accomplishes that goal. The summaries of 
the acute toxicity studies are intended to supplement the full 
submission of data from the registrants, not to replace that data. 
Registrants must still provide a full submission of acute toxicity data 
in their registration application.
  There are three errors in the chart printed in the Congressional 
Record of July 31, 2007: The registration service fee for new category 
No. 133 should be $78,750, rather than $278,250; the decision time for 
new category No. 47 in fiscal year 3 should be 12 months; and the 
action description for the new category No. 61 should read: ``Non-food 
use; outdoor; FIFRA, subsection 2(mm) uses (1).''
  And lastly, section 3 of S. 1983 amends FIFRA to add, among other 
provisions, a new section that is intended to reflect EPA's current 
practice of identifying in the docket any information claimed, but not 
necessarily substantiated, as confidential business information. The 
language in this new section is not intended to change EPA's 
responsibilities or practices, pursuant to other statutes, regarding 
the docketing of information claimed as confidential under FIFRA.
  With this legislation, EPA will continue to have the resources to 
review each pesticide product using the best scientific practices in a 
more predictable timeframe. The pesticide registration program is a 
model of good government because it includes systemized

[[Page H10724]]

stakeholder involvement and furthers the openness and transparency for 
which all Federal Government programs should strive.
  I strongly encourage the passage of this bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. GOODLATTE. Mr. Speaker, I yield myself such time as I may consume 
and rise in support of this legislation.
  Mr. Speaker, the legislation before us represents the efforts of 
several constituent organizations working with the administration and 
the Congress to reach consensus.
  Among the organizations who worked to produce this proposal were the 
Natural Resources Defense Council, Crop Life America and the Consumer 
Specialty Products Association. I appreciate their hard work and their 
willingness to set aside past differences to develop a fair and 
balanced funding mechanism for the EPA pesticide registration program 
that satisfies the needs of government, industry and the environment.
  As Chairman Cardoza pointed out, this legislation renews the 
successful program established in 2004 to fund the pesticide 
registration program administered by the Environmental Protection 
Agency.
  The original legislation had many successes including providing 
stable funding for the EPA, predictable timelines for industry, new 
products for consumers, and the necessary funding for the EPA to 
complete the tolerance reassessment process mandated by the Food 
Quality Protection Act of 1996. While the 2004 legislation doesn't 
expire until next year, the realities of Federal budgetary pressure and 
the resulting uncertainty regarding the adequacy of appropriations make 
immediate action on this reauthorization legislation critical.
  S. 1983 reauthorizes the existing pesticide registration program with 
several enhancements aimed toward clarifying what is covered and which 
activities the fees can be used to support, while protecting funding 
for certain environmental grant programs.
  Again, I want to commend the groups whose efforts were instrumental 
in producing this legislation. I also want to commend Chairman Peterson 
and Subcommittee Chairman Cardoza and urge all Members to join us in 
supporting this legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. CARDOZA. Mr. Speaker, I have no further Members who seek time on 
my side. I just wish to also thank my colleague from Virginia for his 
cooperation on working together with us to extend this program.
  Mr. Speaker, I reserve my time.
  Mr. NEUGEBAUER. Mr. Speaker, I rise today in support of S. 1983, the 
Pesticide Registration Improvement Renewal Act, and encourage my 
colleagues to support this legislation.
  In 2003, with the collaboration of agriculture, pesticide 
manufacturers and public interest organizations, Congress established a 
new fee schedule and registration process timeline for the 
Environmental Protection Agency, This Pesticide Registration 
Improvement Act (PRIA) was designed to improve pesticide registration 
and review, and PRIA has been extremely successful for all parties 
involved.
  As the Ranking Member of the Agriculture Subcommittee on Horticulture 
and Organic Agriculture, which has jurisdiction over pesticide issues, 
I am pleased the stakeholders have again worked with Congress and the 
EPA This bill today continues and builds upon the successful pesticide 
registration process over the next five years.
  Before PRIA, applicants for pesticide registration had no certainty 
on how long the review process at EPA would take or how much they would 
need to pay in fees. The EPA was under pressure from the public 
interest community to reassess tolerances for pesticides already 
registered as required under the Food Quality Protection, Act. As a 
result, consumers who depend on effective and safe pesticide products 
were not always able to take advantage of new products. Delays impacted 
farmers' ability to access improved plant protection and pest products.
  PRIA worked because it set a firm fee schedule for pesticide 
registration applicants, giving the EPA resources needed to do reviews. 
In return, the EPA was held to specific timelines in its reviews and 
approvals. PRIA also enabled the EPA to complete tolerance 
reassessments for products approved in the past through product 
maintenance fees from manufacturers.
  By continuing the fees and increasing registration funding, S. 1983 
provides the EPA with the resources needed to maintain this successful 
system. Additionally, the bill continues the periodic review of 
registered products, requiring the EPA to reassess each product every 
15 years.
  The pesticide registration and review process must be based on sound 
science. Success also requires confidence in the regulatory system. 
This reauthorization and enhancement of PRIA helps ensure that the EPA 
is using the best science to review applicants. Timelines for reviews 
bring more transparency to the process, and this transparency gives 
confidence to pesticide users such as agriculture, manufacturers and 
the public interest community.
  I urge my colleagues to support continuation of this successful 
regulatory process that has brought effective and safe products to 
market not only for agriculture but for all consumers.
  Mr. GOODLATTE. Mr. Speaker, I yield back the balance of my time.
  Mr. CARDOZA. I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. Cardoza) that the House suspend the 
rules and pass the Senate bill, S. 1983.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the Senate bill was passed.
  A motion to reconsider was laid on the table.

                          ____________________