Pesticide Maintenance Fees Reauthorization Act

Pesticide Maintenance Fees Authorization Act - Amends the Federal Insecticide, Fungicide, and Rodenticide Act, with respect to the pesticide registration maintenance fee system, to: (1) make uniform the amount of the annual fee for each registration; (2) set maximum amounts payable by a registrant and an increased aggregate amount of collected fees for FY 2002 through 2006; (3) expand the definition of a small business; and (4) extend the authority to collect such fees and the prohibition on levy of fees other than those specified in the Act's fee provisions.

Extends the requirement that the Administrator of the Environmental Protection Agency use maintenance fees to ensure expedited processing of similar applications and adds a requirement that the fees be used to review inert ingredients.

Amends the Federal Food, Drug, and Cosmetic Act to prohibit the Administrator, through FY 2006, from promulgating regulations addressing pesticide tolerance processing fees (except those changing current fee amounts by the same percentage as the annual adjustment to the Federal General Schedule pay scale).

[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1474 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                S. 1474

  To amend the Federal Insecticide, Fungicide, and Rodenticide Act to 
 extend and improve the collection of maintenance fees, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 26, 2001

 Mr. Harkin (for himself and Mr. Lugar) introduced the following bill; 
  which was read twice and referred to the Committee on Agriculture, 
                        Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
  To amend the Federal Insecticide, Fungicide, and Rodenticide Act 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 Maintenance Fees 
Reauthorization Act''.

SEC. 2. MAINTENANCE FEE.

    (a) 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 (A), by striking ``each year'' and all 
        that follows and inserting ``each year $2,300 for each 
        registration'';
            (2) in subparagraph (D)--
                    (A) in clause (i), by striking ``$55,000'' and 
                inserting ``$70,000''; and
                    (B) in clause (ii), by striking ``$95,000'' and 
                inserting ``$120,000''; and
            (3) in subparagraph (E)(i)--
                    (A) in subclause (I) by striking ``$38,500'' and 
                inserting ``$46,000''; and
                    (B) in subclause (II), by striking ``$66,500'' and 
                inserting ``$80,000''.
    (b) Total Amount of Fees.--Section 4(i)(5)(C) of the Federal 
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136(a)-
1(i)(5)(C)) is amended--
            (1) by striking ``(C)(i) The'' and inserting the following:
                    ``(C) Total amount of fees.--The'';
            (2) by striking ``$14,000,000 each fiscal year'' and 
        inserting ``$20,000,000 for each of fiscal years 2002 through 
        2006''; and
            (3) by striking clause (ii).
    (c) Definition of Small Business.--Section 4(i)(5)(E)(ii) of the 
Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a-
1(i)(5)(E)(ii)) is amended--
            (1) in subclause (I), by striking ``150'' and inserting 
        ``500''; and
            (2) in subclause (II), by striking ``gross revenue from 
        chemicals that did not exceed $40,000,000'' and inserting 
        ``global gross revenue from pesticides that did not exceed 
        $60,000,000''.
    (d) Extension of Authority.--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 ``2001'' and inserting ``2006''.

SEC. 3. OTHER FEES.

    Section 4(i)(6) of the Federal Insecticide, Fungicide, and 
Rodenticide Act (7 U.S.C. 136a-1(i)(6)) is amended by striking ``2001'' 
and inserting ``2006''.

SEC. 4. EXPEDITED PROCESSING OF SIMILAR APPLICATIONS.

    Section 4(k)(3) of the Federal Insecticide, Fungicide, and 
Rodenticide Act (7 U.S.C. 136a-1(k)(3)) is amended--
            (1) in the paragraph heading, by striking ``Expedited'' and 
        inserting ``Review of inert ingredients; expedited''; and
            (2) in subparagraph (A)--
                    (A) by striking ``1997 through 2001, not more 
                than'' and inserting ``2002 through 2006,'';
                    (B) by redesignating clauses (i), (ii), and (iii) 
                as subclauses (I), (II), and (III), respectively, and 
                adjusting the margins appropriately; and
                    (C) by striking ``assure the expedited processing 
                and review of any applicant that'' and inserting the 
                following:
                            ``(i) review and evaluate inert 
                        ingredients; and
                            ``(ii) ensure the expedited processing and 
                        review of any application that--''.

SEC. 5. PESTICIDE TOLERANCE PROCESSING FEES.

    Section 408(m)(1) of the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 346a(m)(1)) is amended--
            (1) by striking ``The Administrator'' and inserting the 
        following:
                    ``(A) In general.--The Administrator'';
            (2) by striking ``Under the regulations'' and inserting the 
        following:
                    ``(B) Inclusions.--Under the regulations'';
            (3) by redesignating subparagraphs (A), (B), (C), and (D) 
        as clauses (i), (ii), (iii), and (iv), respectively, and 
        adjusting the margins appropriately;
            (4) by striking ``The regulations may'' and inserting the 
        following:
                    ``(C) Waiver; refund.--The regulations may''; and
            (5) by adding at the end the following:
                    ``(D) Tolerance processing fees.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), during the period beginning on the 
                        date of enactment of this subparagraph and 
                        ending on September 30, 2006, the Administrator 
                        shall not promulgate regulations addressing 
                        pesticide tolerance processing fees.
                            ``(ii) Exception for current fee 
                        schedule.--The Administrator may annually 
                        promulgate regulations to implement changes in 
                        the amounts in the schedule of pesticide 
                        tolerance processing fees in effect on the date 
                        of enactment of this subparagraph by the same 
                        percentage as the annual adjustment to the 
                        Federal General Schedule pay scale under 
                        section 5303 of title 5, United States Code.''.
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