Pesticide Registration Improvement Act of 2003 - Amends the Federal Insecticide, Fungicide, and Rodenticide Act to revise registration and maintenance fee requirements for pesticides. (Fees collected are used to help defray the administrative costs of pesticide regulation.)
Modifies certain timing requirements as they concern the submission of product-specific data and other regulatory action.
Increases and then decreases the maximum amount of maintenance fees payable by registrants, including small businesses, through FY 2008, with the highest levels of fees occurring during FY 2005 and 2006.
Extends the Environmental Protection Agency's (EPA's) authority to collect maintenance, but not tolerance, fees through FY 2008. (Maintenance fees are assessed on already registered or reregistered pesticides; tolerance fees are assessed on pesticides used on food or animal feed which are subject to more stringent regulatory requirements.)
Directs the Administrator of the EPA to assess and collect covered pesticide registration service fees for applications submitted from FY 2004 onward. (Registration fees would apply to new pesticide applications only.) Provides transitional requirements for pending applications.
Sets forth the Administrator's responsibilities concerning the publication and revision of the schedule of registration service fees, including a mandatory increase by FY 2006.
Permits the waiver or reduction of these fees for minor uses or small businesses. Provides for partial fee refunds when an application is withdrawn or at the Administrator's discretion.
Establishes the Pesticide Registration Fund in the Treasury to collect registration fees. Limits the use of these funds to associated regulatory costs, except for limited earmarks for worker protection and the review of new inert ingredients.
Makes these funds available only to the extent provided in advance through appropriations acts. Prohibits the assessment of registration fees in any year where the amount appropriated for the Office of Pesticide Programs of the EPA is less than the amount appropriated for that Office for FY 2002.
Addresses several issues concerning decision time review periods, including the goal of reducing existing periods, schedule publication requirements, determining their start, and how they are impacted by waiver or reduction requests.
Provides for judicial review if the Administrator fails to make a determination on an application before the expiration of the applicable decision time review period.
Terminates the registration service fee after FY 2010, with a phase out occuring during the final two years.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1664 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 1664
To amend the Federal Insecticide, Fungicide, and Rodenticide Act to
provide for the enhanced review of covered pesticide products, to
authorize fees for certain pesticide products, and to extend and
improve the collection of maintenance fees.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 25, 2003
Mr. Cochran (for himself, Mr. Harkin, Mr. Roberts, Mr. Craig, Mr.
Crapo, Mr. Chambliss, Mr. Miller, Mr. Coleman, Mr. Nelson of Nebraska,
Mr. Kohl, Mr. Talent, Mr. Lugar, Mr. Conrad, Ms. Landrieu, and Mr.
Breaux) 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
provide for the enhanced review of covered pesticide products, to
authorize fees for certain pesticide products, and to extend and
improve the collection of maintenance fees.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. PESTICIDE REGISTRATION.
(a) Short Title.--This Act may be cited as the ``Pesticide
Registration Improvement Act of 2003''.
(b) Registration Requirements for Antimicrobial Pesticides.--
Section 3(h) of the Federal Insecticide, Fungicide, and Rodenticide Act
(7 U.S.C. 136a(h)) is amended--
(1) in paragraph (2)(F), by striking ``90 to 180 days'' and
inserting ``120 days''; and
(2) in paragraph (3)--
(A) in subparagraph (D)(vi), by striking ``240
days'' and inserting ``120 days''; and
(B) in subparagraph (F), by adding at the end the
following:
``(iv) Limitation.--Notwithstanding clause
(ii), the failure of the Administrator to
notify an applicant for an amendment to a
registration for an antimicrobial pesticide
shall not be judicially reviewable in a Federal
or State court if the amendment requires
scientific review of data within--
``(I) the time period specified in
subparagraph (D)(vi), in the absence of
a final regulation under subparagraph
(B); or
``(II) the time period specified in
paragraph (2)(F), if adopted in a final
regulation under subparagraph (B).''.
(c) Maintenance Fees.--
(1) 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--
(A) in subparagraph (A)--
(i) by striking ``(A) Subject'' and
inserting the following:
``(A) In general.--Subject''; and
(ii) by striking ``of--'' and all that
follows through ``additional registration'' and
inserting ``for each registration'';
(B) in subparagraph (D)--
(i) by striking ``(D) The'' and inserting
the following:
``(D) Maximum amount of fees for registrants.--
The'';
(ii) in clause (i), by striking ``shall be
$55,000; and'' and inserting ``shall be--
``(I) for fiscal year 2004, $84,000;
``(II) for each of fiscal years 2005 and
2006, $87,000;
``(III) for fiscal year 2007, $68,000; and
``(IV) for fiscal year 2008, $55,000;
and''; and
(iii) in clause (ii), by striking ``shall
be $95,000.'' and inserting ``shall be--
``(I) for fiscal year 2004, $145,000;
``(II) for each of fiscal years 2005 and
2006, $151,000;
``(III) for fiscal year 2007, $117,000; and
``(IV) for fiscal year 2008, $95,000.'';
and
(C) in subparagraph (E)--
(i) by striking ``(E)(i) For'' and
inserting the following:
``(E) Maximum amount of fees for small
businesses.--
``(i) In general.--For'';
(ii) by indenting the margins of subclauses
(I) and (II) of clause (i) appropriately; and
(iii) in clause (i)--
(I) subclause (I), by striking
``shall be $38,500; and'' and inserting
``shall be--
``(aa) for fiscal year
2004, $59,000;
``(bb) for each of fiscal
years 2005 and 2006, $61,000;
``(cc) for fiscal year
2007, $48,000; and
``(dd) for fiscal year
2008, $38,500; and''; and
(II) in subclause (II), by striking
``shall be $66,500.'' and inserting
``shall be--
``(aa) for fiscal year
2004, $102,000;
``(bb) for each of fiscal
years 2005 and 2006, $106,000;
``(cc) for fiscal year
2007, $82,000; and
``(dd) for fiscal year
2008, $66,500.''.
(2) 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--
(A) by striking ``(C)(i) The'' and inserting the
following:
``(C) Total amount of fees.--The''; and
(B) by striking ``aggregate amount'' and all that
follows through clause (ii) and inserting ``aggregate
amount of--
``(i) for fiscal year 2004, $26,000,000;
``(ii) for fiscal year 2005, $27,000,000;
``(iii) for fiscal year 2006, $27,000,000;
``(iv) for fiscal year 2007, $21,000,000;
and
``(v) for fiscal year 2008, $15,000,000.''.
(3) 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--
(A) by redesignating subclauses (I) and (II) as
items (aa) and (bb), respectively, and indenting the
margins appropriately;
(B) by striking ``(ii) For purposes of'' and
inserting the following:
``(ii) Definition of small business.--
``(I) In general.--In'';
(C) in item (aa) (as so redesignated), by striking
``150'' and inserting ``500'';
(D) in item (bb) (as so redesignated), 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.''; and
(E) by adding at the end the following:
``(II) Affiliates.--
``(aa) In general.--In the
case of a business entity with
1 or more affiliates, the gross
revenue limit under subclause
(I)(bb) shall apply to the
gross revenue for the entity
and all of the affiliates of
the entity, including parents
and subsidiaries, if
applicable.
``(bb) Affiliated
persons.--For the purpose of
item (aa), persons are
affiliates of each other if,
directly or indirectly, either
person controls or has the
power to control the other
person, or a third person
controls or has the power to
control both persons.
``(cc) Indicia of
control.--For the purpose of
item (aa), indicia of control
include interlocking management
or ownership, identity of
interests among family members,
shared facilities and
equipment, and common use of
employees.''.
(4) 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 ``2003'' and inserting ``2008''.
(5) Reregistration and other activities.--Section 4(g)(2)
of the Federal Insecticide, Fungicide and Rodenticide Act (7
U.S.C. 136a-1(g)(2)) is amended--
(A) by striking subparagraph (A) and inserting the
following:
``(A) In general.--The Administrator shall make a
determination as to eligibility for reregistration--
``(i) for all active ingredients subject to
reregistration under this section for which
tolerances or exemptions from tolerances are
required under the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 301 et seq.), not later
than the last date for tolerance reassessment
established under section 408(q)(1)(C) of that
Act (21 U.S.C. 346a(q)(1)(C)); and
``(ii) for all other active ingredients
subject to reregistration under this section,
not later than October 3, 2008.'';
(B) in subparagraph (B)--
(i) by striking ``(B) Before'' and
inserting the following:
``(B) Product-specific data.--
``(i) In general.--Before'';
(ii) by striking ``The Administrator'' and
inserting the following:
``(ii) Timing.--
``(I) In general.--Subject to
subclause (II), the Administrator'';
and
(iii) by adding at the end the following:
``(II) Extraordinary
circumstances.--In the case of
extraordinary circumstances, the
Administrator may provide such a longer
period, of not more than 2 additional
years, for submission of data to the
Administrator under this
subparagraph.''; and
(C) in subparagraph (D)--
(i) by striking ``(D) If'' and inserting
the following:
``(D) Determination to not reregister.--
``(i) In general.--If''; and
(ii) by adding at the end the following:
``(ii) Timing for regulatory action.--
Regulatory action under clause (i) shall be
completed as expeditiously as possible.''.
(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--
(A) by striking ``During'' and inserting ``Except
as provided in section 33, during''; and
(B) by striking ``2003'' and inserting ``2010''.
(2) Tolerance fees.--Notwithstanding section 408(m)(1) of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
346a(m)(1)), the Administrator of the Environmental Protection
Agency shall not collect any tolerance fees under that section
during the period beginning on the effective date of this
section and ending on September 30, 2008.
(e) 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'' and all that follows
through ``of the maintenance fees'' and inserting
``2004 through 2006, approximately $3,300,000, and for
each of fiscal years 2007 and 2008, between \1/8\ and
\1/7\, of the maintenance fees'';
(B) by redesignating clauses (i), (ii), and (iii)
as subclauses (I), (II) and (III), respectively, and
indenting appropriately; and
(C) by striking ``resources to assure the expedited
processing and review of any application that'' and
inserting ``resources--
``(i) to review and evaluate new inert
ingredients; and
``(ii) to ensure the expedited processing
and review of any application
that--''.
(f) Pesticide Registration Service Fees.--The Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136a et seq.) is amended--
(1) by redesignating sections 33 and 34 (7 U.S.C. 136x,
136y) as sections 34 and 35, respectively; and
(2) by inserting after section 32 (7 U.S.C. 136w-7) the
following:
``SEC. 33. PESTICIDE REGISTRATION SERVICE FEES.
``(a) Definition of Costs.--In this section, the term `costs', when
used with respect to review and decisionmaking pertaining to an
application for which registration service fees are paid under this
section, means--
``(1) costs to the extent that--
``(A) officers and employees provide direct support
for the review and decisionmaking for covered pesticide
applications, associated tolerances, and corresponding
risk and benefits information and analyses;
``(B) persons and organizations under contract with
the Administrator engage in the review of the
applications, and corresponding risk and benefits
information and assessments; and
``(C) advisory committees and other accredited
persons or organizations, on the request of the
Administrator, engage in the peer review of risk or
benefits information associated with covered pesticide
applications;
``(2) costs of management of information, and the
acquisition, maintenance, and repair of computer and
telecommunication resources (including software), used to
support review of pesticide applications, associated
tolerances, and corresponding risk and benefits information and
analyses; and
``(3) costs of collecting registration service fees under
subsections (b) and (c) and reporting, auditing, and accounting
under this section.
``(b) Fees.--
``(1) In general.--Effective beginning in fiscal year 2004,
the Administrator shall assess and collect covered pesticide
registration service fees in accordance with this section.
``(2) Covered pesticide registration applications.--
``(A) In general.--An application for the
registration of a pesticide covered by this Act that is
received by the Administrator on or after October 1,
2003, shall be subject to a registration service fee
under this section.
``(B) Existing applications.--
``(i) In general.--Subject to clause (ii),
an application for the registration of a
pesticide that was submitted to the
Administrator before October 1, 2003, and is
pending on the date of enactment of the
Pesticide Registration Improvement Act of 2003,
shall be subject to a service fee under this
section if the application is for the
registration of a new active ingredient that is
not listed in the Registration Division 2003
Work Plan of the Office of Pesticide Programs
of the Environmental Protection Agency.
``(ii) Tolerance or exemption fees.--The
amount of any fee otherwise payable for an
application described in clause (i) under this
section shall be reduced by the amount of any
fees paid to support the related petition for a
pesticide tolerance or exemption under the
Federal Food, Drug, and Cosmetic Act (21 U.S.C.
301 et seq.).
``(C) Documentation.--An application subject to a
registration service fee under this section shall be
submitted with documentation certifying--
``(i) payment of the registration service
fee; or
``(ii) a request for a waiver from or
reduction of the registration service fee.
``(3) Schedule of covered applications and registration
service fees.--
``(A) In general.--Not later than 30 days after the
effective date of the Pesticide Registration
Improvement Act of 2003, the Administrator shall
publish in the Federal Register a schedule of covered
pesticide registration applications and corresponding
registration service fees.
``(B) Report.--Subject to paragraph (6), the
schedule shall be the same as the applicable schedule
appearing in the Congressional Record on pages S11631
through S11633, dated September 17, 2003.
``(4) Pending pesticide registration applications.--
``(A) In general.--An applicant that submitted a
registration application to the Administrator before
October 1, 2003, but that is not required to pay a
registration service fee under paragraph (2)(B), may,
on a voluntary basis, pay a registration service fee in
accordance with paragraph (2)(B).
``(B) Voluntary fee.--The Administrator may not
compel payment of a registration service fee for an
application described in subparagraph (A).
``(C) Documentation.--An application for which a
voluntary registration service fee is paid under this
paragraph shall be submitted with documentation
certifying--
``(i) payment of the registration service
fee; or
``(ii) a request for a waiver from or
reduction of the registration service fee.
``(5) Resubmission of pesticide registration
applications.--If a pesticide registration application is
submitted by a person that paid the fee for the application
under paragraph (2), is determined by the Administrator to be
complete, and is not approved or is withdrawn (without a waiver
or refund), the submission of the same pesticide registration
application by the same person (or a licensee, assignee, or
successor of the person) shall not be subject to a fee under
paragraph (2).
``(6) Fee adjustment.--Effective for a covered pesticide
registration application received on or after October 1, 2005,
the Administrator shall--
``(A) increase by 5 percent the service fee payable
for the application under paragraph (3); and
``(B) publish in the Federal Register the revised
registration service fee schedule.
``(7) Waivers and reductions.--
``(A) In general.--An applicant for a covered
pesticide registration may request the Administrator to
waive or reduce the amount of a registration service
fee payable under this section under the circumstances
described in subparagraphs (D) through (G).
``(B) Documentation.--
``(i) In general.--A request for a waiver
from or reduction of the registration service
fee shall be accompanied by appropriate
documentation demonstrating the basis for the
waiver or reduction.
``(ii) Certification.--The applicant shall
provide to the Administrator a written
certification, signed by a responsible officer,
that the documentation submitted to support the
waiver or reduction request is accurate.
``(iii) Inaccurate documentation.--An
application shall be subject to the applicable
registration service fee payable under
paragraph (3) if, at any time, the
Administrator determines that--
``(I) the documentation supporting
the waiver or reduction request is not
accurate; or
``(II) based on the documentation
or any other information, the waiver or
reduction should not have been granted
or should not be granted.
``(C) Determination to grant or deny request.--As
soon as practicable, but not later than 60 days, after
the date on which the Administrator receives a request
for a waiver or reduction of a registration service fee
under this paragraph, the Administrator shall--
``(i) determine whether to grant or deny
the request; and
``(ii) notify the applicant of the
determination.
``(D) Minor uses.--
``(i) In general.--The Administrator may
waive or reduce a registration service fee for
an application for minor uses for a pesticide.
``(ii) Supporting documentation.--An
applicant requesting a waiver under this
subparagraph shall provide supporting
documentation that demonstrates, to the
satisfaction of the Administrator, that
anticipated revenues from the uses that are the
subject of the application would be
insufficient to justify imposition of the full
application fee.
``(E) IR-4 waiver.--The Administrator shall waive
the registration service fee for an application if the
Administrator determines that--
``(i) the application is solely associated
with a tolerance petition submitted in
connection with the Inter-Regional Project
Number 4 (IR-4) as described in section 2 of
Public Law 89-106 (7 U.S.C. 450i(e)); and
``(ii) the waiver is in the public
interest.
``(F) Small businesses.--
``(i) In general.--The Administrator shall
waive 50 percent of the registration service
fees payable by an entity for a covered
pesticide registration application under this
section if the entity is a small business (as
defined in section 4(i)(5)(E)(ii)) at the time
of application.
``(ii) Waiver of fees.--The Administrator
shall waive all of the registration service
fees payable by an entity under this section if the entity--
``(I) is a small business (as
defined in section 4(i)(5)(E)(ii)) at
the time of application; and
``(II) has average annual global
gross revenues described in section
4(i)(5)(E)(ii)(I)(bb) that does not
exceed $10,000,000, at the time of
application.
``(iii) Formation for waiver.--The
Administrator shall not grant a waiver under
this subparagraph if the Administrator
determines that the entity submitting the
application has been formed or manipulated
primarily for the purpose of qualifying for the
waiver.
``(iv) Documentation.--An entity requesting
a waiver under this subparagraph shall provide
to the Administrator--
``(I) documentation demonstrating
that the entity is a small business (as
defined in section 4(i)(5)(E)(ii)) at
the time of application; and
``(II) if the entity is requesting
a waiver of all registration service
fees payable under this section,
documentation demonstrating that the
entity has an average annual global
gross revenues described in section
4(i)(5)(E)(ii)(I)(bb) that does not
exceed $10,000,000, at the time of
application.
``(G) Federal and state agency exemptions.--An
agency of the Federal Government or a State government
shall be exempt from covered registration service fees
under this section.
``(8) Refunds.--
``(A) Early withdrawals.--If, during the first 60
days after the beginning of the applicable decision
time review period under subsection (f)(3), a covered
pesticide registration application is withdrawn by the
applicant, the Administrator shall refund all but 10
percent of the total registration service fee payable
under paragraph (3) for the application.
``(B) Withdrawals after the first 60 days of
decision review time period.--
``(i) In general.--If a covered pesticide
registration application is withdrawn after the
first 60 days of the applicable decision time
review period, the Administrator shall
determine what portion, if any, of the total
registration service fee payable under
paragraph (3) for the application may be
refunded based on the proportion of the work
completed at the time of withdrawal.
``(ii) Timing.--The Administrator shall--
``(I) make the determination
described in clause (i) not later than
90 days after the date the application
is withdrawn; and
``(II) provide any refund as soon
as practicable after the determination.
``(C) Discretionary refunds.--
``(i) In general.--In the case of a
pesticide registration application that has
been filed with the Administrator and has not
been withdrawn by the applicant, but for which
the Administrator has not yet made a final
determination, the Administrator may refund a
portion of a covered registration service fee
if the Administrator determines that the refund
is justified.
``(ii) Basis.--The Administrator may
provide a refund for an application under this
subparagraph--
``(I) on the basis that, in
reviewing the application, the
Administrator has considered data
submitted in support of another
pesticide registration application; or
``(II) on the basis that the
Administrator completed portions of the
review of the application before the
effective date of this section.
``(D) Credited fees.--In determining whether to
grant a refund under this paragraph, the Administrator
shall take into account any portion of the registration
service fees credited under paragraph (2) or (4).
``(c) Pesticide Registration Fund.--
``(1) Establishment.--There is established in the Treasury
of the United States a Pesticide Registration Fund to be used
in carrying out this section (referred to in this section as
the `Fund'), consisting of--
``(A) such amounts as are deposited in the Fund
under paragraph (2);
``(B) any interest earned on investment of amounts
in the Fund under paragraph (4); and
``(C) any proceeds from the sale or redemption of
investments held in the Fund.
``(2) Deposits in fund.--Subject to paragraph (4), the
Administrator shall deposit fees collected under this section
in the Fund.
``(3) Expenditures from fund.--
``(A) In general.--Subject to subparagraphs (B) and
(C) and paragraph (4), the Administrator may make
expenditures from the Fund--
``(i) to cover the costs associated with
the review and decisionmaking pertaining to all
applications for which registration service
fees have been paid under this section; and
``(ii) to otherwise carry out this section.
``(B) Worker protection.--For each of fiscal years
2004 through 2008, the Administrator shall use
approximately \1/17\ of the amount in the Fund (but not more than
$1,000,000, and not less than $750,000, for any fiscal year) to enhance
current scientific and regulatory activities related to worker
protection.
``(C) New inert ingredients.--For each of fiscal
years 2004 and 2005, the Administrator shall use
approximately \1/34\ of the amount in the Fund (but not
to exceed $500,000 for any fiscal year) for the review
and evaluation of new inert ingredients.
``(4) Collections and appropriations acts.--The fees
authorized by this section and amounts deposited in the Fund--
``(A) shall be collected and made available for
obligation only to the extent provided in advance in
appropriations Acts; and
``(B) shall be available without fiscal year
limitation.
``(5) Unused funds.--Amounts in the Fund not currently
needed to carry out this section shall be--
``(A) maintained readily available or on deposit;
``(B) invested in obligations of the United States
or guaranteed by the United States; or
``(C) invested in obligations, participations, or
other instruments that are lawful investments for
fiduciary, trust, or public funds.
``(d) Assessment of Fees.--
``(1) Definition of covered functions.--In this subsection,
the term `covered functions' means functions of the Office of
Pesticide Programs of the Environmental Protection Agency, as
identified in key programs and projects of the final operating
plan for the Environmental Protection Agency submitted as part
of the budget process for fiscal year 2002, regardless of any
subsequent transfer of 1 or more of the functions to another
office or agency or the subsequent transfer of a new function
to the Office of Pesticide Programs.
``(2) Minimum amount of appropriations.--Registration
service fees may not be assessed for a fiscal year under this
section unless the amount of appropriations for salaries,
contracts, and expenses for the functions (as in existence in
fiscal year 2002) of the Office of Pesticide Programs of the
Environmental Protection Agency for the fiscal year (excluding
the amount of any fees appropriated for the fiscal year) are
equal to or greater than the amount of appropriations for
covered functions for fiscal year 2002 (excluding the amount of
any fees appropriated for the fiscal year).
``(3) Use of fees.--Registration service fees authorized by
this section shall be available, in the aggregate, only to
defray increases in the costs associated with the review and
decisionmaking for the review of pesticide registration
applications and associated tolerances (including increases in
the number of full-time equivalent positions in the
Environmental Protection Agency engaged in those activities)
over the costs for fiscal year 2002, excluding costs paid from
fees appropriated for the fiscal year.
``(4) Compliance.--The requirements of paragraph (2) shall
have been considered to have been met for any fiscal year if
the amount of appropriations for salaries, contracts, and
expenses for the functions (as in existence in fiscal year
2002) of the Office of Pesticide Programs of the Environmental
Protection Agency for the fiscal year (excluding the amount of
any fees appropriated for the fiscal year) is not more than 3
percent below the amount of appropriations for covered
functions for fiscal year 2002 (excluding the amount of any
fees appropriated for the fiscal year).
``(5) Subsequent authority.--If the Administrator does not
assess registration service fees under subsection (b) during
any portion of a fiscal year as the result of paragraph (2) and
is subsequently permitted to assess the fees under subsection
(b) during the fiscal year, the Administrator shall assess and
collect the fees, without any modification in rate, at any time
during the fiscal year, notwithstanding any provisions of
subsection (b) relating to the date fees are to be paid.
``(e) Reforms to Reduce Decision Time Review Periods.--To the
maximum extent practicable consistent with the degrees of risk
presented by pesticides and the type of review appropriate to evaluate
risks, the Administrator shall identify and evaluate reforms to the
pesticide registration process under this Act with the goal of reducing
decision review periods in effect on the effective date of the
Pesticide Registration Improvement Act of 2003 for pesticide
registration actions for covered pesticide registration applications
(including reduced risk applications).
``(f) Decision Time Review Periods.--
``(1) In general.--Not later than 30 days after the
effective date of the Pesticide Registration Improvement Act of
2003, the Administrator shall publish in the Federal Register a
schedule of decision review periods for covered pesticide
registration actions and corresponding registration service
fees under this Act.
``(2) Report.--The schedule shall be the same as the
applicable schedule appearing in the Congressional Record on
pages S11631 through S11633, dated September 17, 2003.
``(3) Applications subject to decision time review
periods.--The decision time review periods specified in
paragraph (1) shall apply to--
``(A) covered pesticide registration applications
subject to registration service fees under subsection
(b)(2);
``(B) covered pesticide registration applications
for which an applicant has voluntarily paid
registration service fees under subsection (b)(4); and
``(C) covered pesticide registration applications
listed in the Registration Division 2003 Work Plan of
the Office of Pesticide Programs of the Environmental
Protection Agency.
``(4) Start of decision time review period.--
``(A) In general.--Except as provided in
subparagraphs (C) and (D), in the case of a pesticide
registration application accompanied by the
registration service fee required under this section,
the decision time review period begins 21 days after
the date on which the Administrator receives the
covered pesticide registration application.
``(B) Completeness of application.--In conducting
an initial screening of an application, the
Administrator shall determine--
``(i) whether--
``(I) the applicable registration
service fee has been paid; or
``(II) the application contains a
waiver or refund request; and
``(ii) whether the application--
``(I) contains all necessary forms,
data, draft labeling, and,
documentation certifying payment of any
registration service fee required under
this section; or
``(II) establishes a basis for any
requested waiver or reduction.
``(C) Applications with waiver or reduction
requests.--
``(i) In general.--In the case of an
application submitted with a request for a
waiver or reduction of registration service
fees under subsection (b)(7), the decision time
review period shall be determined in accordance
with this subparagraph.
``(ii) Request granted with no additional
fees required.--If the Administrator grants the
waiver or reduction request and no additional
fee is required, the decision time review
period begins on the earlier of--
``(I) the date on which the
Administrator grants the request; or
``(II) the date that is 60 days
after the date of receipt of the
application.
``(iii) Request granted with additional
fees required.--If the Administrator grants the
waiver or reduction request, in whole or in
part, but an additional registration service
fee is required, the decision time review
period begins on the date on which the
Administrator receives certification of payment
of the applicable registration service fee.
``(iv) Request denied.--If the
Administrator denies the waiver or reduction
request, the decision time review period begins
on the date on which the Administrator receives
certification of payment of the applicable
registration service fee.
``(D) Pending applications.--
``(i) In general.--The start of the
decision time review period for applications
described in clause (ii) shall be the date on
which the Administrator receives certification
of payment of the applicable registration
service fee.
``(ii) Applications.--Clause (i) applies
to--
``(I) covered pesticide
registration applications for which
voluntary fees have been paid under
subsection (b)(4); and
``(II) covered pesticide
registration applications received on
or after the effective date of the
Pesticide Registration Improvement Act
of 2003 but submitted without the
applicable registration service fee
required under this section due to the
inability of the Administrator to
assess fees under subsection (d)(1).
``(E) 2003 work plan.--In the case of a covered
pesticide registration application listed in the
Registration Division 2003 Work Plan of the Office of
Pesticide Programs of the Environmental Protection
Agency, the decision time review period begins November
1, 2003.
``(5) Extension of decision time review period.--The
Administrator and the applicant may mutually agree in writing
to extend a decision time review period under this subsection.
``(g) Judicial Review.--
``(1) In general.--Any applicant adversely affected by the
failure of the Administrator to make a determination on the
application of the applicant for registration of a new active
ingredient or new use for which a registration service fee is
paid under this section may obtain judicial review of the
failure solely under this section.
``(2) Scope.--
``(A) In general.--In an action brought under this
subsection, the only issue on review is whether the
Administrator failed to make a determination on the
application specified in paragraph (1) by the end of
the applicable decision time review period required
under subsection (f) for the application.
``(B) Other actions.--No other action authorized or
required under this section shall be judicially
reviewable by a Federal or State court.
``(3) Timing.--
``(A) In general.--A person may not obtain judicial
review of the failure of the Administrator to make a
determination on the application specified in paragraph
(1) before the expiration of the 2-year period that
begins on the date on which the decision time review
period for the application ends.
``(B) Meeting with administrator.--To be eligible
to seek judicial review under this subsection, a person
seeking the review shall first request in writing, at
least 120 days before filing the complaint for judicial review, a
decision review meeting with the Administrator.
``(4) Remedies.--The Administrator may not be required or
permitted to refund any portion of a registration service fee
paid in response to a complaint that the Administrator has
failed to make a determination on the covered pesticide
registration application specified in paragraph (1) by the end
of the applicable decision review period.
``(h) Accounting.--The Administrator shall--
``(1) provide an annual accounting of the registration
service fees paid to the Administrator and disbursed from the
Fund, by providing financial statements in accordance with--
``(A) the Chief Financial Officers Act of 1990
(Public Law 101-576; 104 Stat. 2838) and amendments
made by that Act; and
``(B) the Government Management Reform Act of 1994
(Public Law 103-356; 108 Stat. 3410) and amendments
made by that Act;
``(2) provide an accounting describing expenditures from
the Fund authorized under subsection (c); and
``(3) provide an annual accounting describing collections
and expenditures authorized under subsection (d).
``(i) Auditing.--
``(1) Financial statements of agencies.--For the purpose of
section 3515(c) of title 31, United States Code, the Fund shall
be considered a component of an executive agency.
``(2) Components.--The annual audit required under sections
3515(b) and 3521 of that title of the financial statements of
activities under this section shall include an analysis of--
``(A) the fees collected under subsection (b) and
disbursed;
``(B) compliance with subsection (f);
``(C) the amount appropriated to meet the
requirements of subsection (d)(1); and
``(D) the reasonableness of the allocation of the
overhead allocation of costs associated with the review
and decisionmaking pertaining to applications under
this section.
``(3) Inspector general.--The Inspector General of the
Environmental Protection Agency shall--
``(A) conduct the annual audit required under this
subsection; and
``(B) report the findings and recommendations of
the audit to the Administrator and to the appropriate
committees of Congress.
``(j) Personnel Levels.--All full-time equivalent positions
supported by fees authorized and collected under this section shall not
be counted against the agency-wide personnel level goals of the
Environmental Protection Agency.
``(k) Reports.--
``(1) In general.--Not later than March 1, 2005, and each
March 1 thereafter through March 1, 2009, the Administrator
shall publish an annual report describing actions taken under
this section.
``(2) Contents.--The report shall include--
``(A) a review of the progress made in carrying out
each requirement of subsections (e) and (f),
including--
``(i) the number of applications reviewed,
including the decision times for each
application specified in subsection (f);
``(ii) the number of actions pending in
each category of actions described in
subsection (f)(3), as well as the number of
inert ingredients;
``(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) expanding the use of self-
certification in all appropriate areas
of the registration process;
``(II) providing for accreditation
of outside reviewers and the use of
outside reviewers to conduct the review
of major portions of applications; and
``(III) reviewing the scope of use
of the notification process to cover
broader categories of registration
actions; and
``(iv) the use of performance-based
contracts, other contracts, and procurement to
ensure that--
``(I) the goals of this Act for the
timely review of applications for
registration are met; and
``(II) the registration program is
administered in the most productive and
cost effective manner practicable;
``(B) a description of the staffing and resources
relating to the costs associated with the review and
decisionmaking pertaining to applications; and
``(C) a review of the progress in meeting the
timeline requirements of section 4(g).
``(3) Method.--The Administrator shall publish a report
required by this subsection by such method as the Administrator
determines to be the most effective for efficiently
disseminating the report, including publication of the report
on the Internet site of the Environmental Protection Agency.
``(l) Savings Clause.--Nothing in this section affects any other
duties, obligations, or authorities established by any other section of
this Act, including the right to judicial review of duties,
obligations, or authorities established by any other section of this
Act.
``(m) Termination of Effectiveness.--
``(1) In general.--Except as provided in paragraph (2), the
authority provided by this section terminates on September 30,
2008.
``(2) Phase out.--
``(A) Fiscal year 2009.--During fiscal year 2009,
the requirement to pay and collect registration service
fees applies, except that the level of registration
service fees payable under this section shall be
reduced 40 percent below the level in effect on
September 30, 2008.
``(B) Fiscal year 2010.--During fiscal year 2010,
the requirement to pay and collect registration service
fees applies, except that the level of registration
service fees payable under this section shall be
reduced 70 percent below the level in effect on
September 30, 2008.
``(C) September 30, 2010.--Effective September 30,
2010, the requirement to pay and collect registration
service fees terminates.
``(D) Decision review periods.--
``(i) Pending applications.--In the case of
an application received under this section
before September 30, 2008, the application
shall be reviewed in accordance with subsection
(f).
``(ii) New applications.--In the case of an
application received under this section on or
after September 30, 2008, subsection (f) shall
not apply to the application.''.
(g) Conforming Amendments.--The table of contents in section 1(b)
of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.
prec. 136) is amended--
(1) by striking the item relating to section 4(k)(3) and
inserting the following:
``(3) Review of inert ingredients; expedited
processing of similar applications.'';
and
(2) by striking the items relating to sections 30 and 31
and inserting the following:
``Sec. 30. Minimum requirements for training of maintenance applicators
and service technicians.
``Sec. 31. Environmental Protection Agency minor use program.
``Sec. 32. Department of Agriculture minor use program.
``(a) In general.
``(b)(1) Minor use pesticide data.
``(2) Minor Use Pesticide Data Revolving Fund.
``Sec. 33. Pesticide registration service fees.
``(a) Definition of costs.
``(b) Fees.
``(1) In general.
``(2) Covered pesticide registration
applications.
``(3) Schedule of covered applications and
registration service fees.
``(4) Pending pesticide registration
applications.
``(5) Resubmission of pesticide registration
applications.
``(6) Fee adjustment.
``(7) Waivers and reductions.
``(8) Refunds.
``(c) Pesticide Registration Fund.
``(1) Establishment.
``(2) Transfers to Fund.
``(3) Expenditures from Fund.
``(4) Collections and appropriations Acts.
``(5) Unused funds.
``(d) Assessment of fees.
``(1) Definition of covered functions.
``(2) Minimum amount of appropriations.
``(3) Use of fees.
``(4) Compliance.
``(5) Subsequent authority.
``(e) Reforms to reduce decision time review
periods.
``(f) Decision time review periods.
``(1) In general.
``(2) Report.
``(3) Applications subject to decision time
review periods.
``(4) Start of decision time review period.
``(5) Extension of decision time review period.
``(g) Judicial review.
``(1) In general.
``(2) Scope.
``(3) Timing.
``(4) Remedies.
``(h) Accounting.
``(i) Auditing.
``(1) Financial statements of agencies.
``(2) Components.
``(3) Inspector General.
``(j) Personnel levels.
``(k) Reports.
``(1) In general.
``(2) Contents.
``(l) Savings clause.
``(m) Termination of effectiveness.
``(1) In general.
``(2) Phase out.
``Sec. 34. Severability.
``Sec. 35. Authorization for appropriations.''.
(h) Effective Date.--This section and the amendments made by this
section take effect on October 1, 2003.
<all>
Introduced in Senate
Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.
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