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[110th Congress Public Law 94]
[From the U.S. Government Printing Office]

[DOCID: f:publ094.110]

[[Page 999]]

             PESTICIDE REGISTRATION IMPROVEMENT RENEWAL ACT

[[Page 121 STAT. 1000]]

Public Law 110-94
110th Congress

                                 An Act

 
  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. <<NOTE: Oct. 9, 2007 -  [S. 1983]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Pesticide 
Registration Improvement Renewal Act.>> 
SECTION 1. <<NOTE: 7 USC 136 note.>> 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 <<NOTE: Deadline.>> 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.

[[Page 121 STAT. 1001]]

                    ``(iv) Subsequent <<NOTE: Deadline.>> 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 <<NOTE: Deadline.>> 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.''

[[Page 121 STAT. 1002]]

    (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 <<NOTE: Effective 
        date. Termination date.>> 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.--

[[Page 121 STAT. 1003]]

                          ``(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 <<NOTE: Deadline.>> 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 <<NOTE: Effective 
                date. Termination date.>> 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 <<NOTE: Effective date.>> 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 <<NOTE: Federal 
                Register, publication.>> 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.--

[[Page 121 STAT. 1004]]

                          ``(i) In general.--For each of fiscal years 
                      2008 through 2012, the Administrator shall use 
                      approximately \1/17\ of the amount in the Fund 
                      (but not less than $1,000,000) to enhance 
                      scientific and regulatory activities relating to 
                      worker protection.
                          ``(ii) Partnership grants.--Of the amounts in 
                      the Fund, the Administrator shall use for 
                      partnership grants--
                                    ``(I) for each of fiscal years 2008 
                                and 2009, $750,000; and
                                    ``(II) for each of fiscal years 2010 
                                through 2012, $500,000.
                          ``(iii) Pesticide safety education program.--
                      Of the amounts in the Fund, the Administrator 
                      shall use $500,000 for each of fiscal years 2008 
                      through 2012 to carry out the pesticide safety 
                      education program.''; and
                    (B) by striking subparagraph (C); and
            (3) in paragraph (5)--
                    (A) by redesignating subparagraphs (A) through (C) 
                as clauses (i) through (iii), respectively;
                    (B) by striking ``Amounts'' and inserting the 
                following:
                    ``(A) In general.--Amounts''; and
                    (C) by adding at the end the following:
                    ``(B) Use of investment income.--After consultation 
                with the Secretary of the Treasury, the Administrator 
                may use income from investments described in clauses 
                (ii) and (iii) of subparagraph (A) to carry out this 
                section.''.

    (f) Assessment of Fees.--Section 33(d)(2) of the Federal 
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w-8(d)(2)) is 
amended by striking ``For fiscal years 2004, 2005 and 2006 only, 
registration'' and inserting ``Registration''.
    (g) Decision Review Times.--Section 33(f) of the Federal 
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w-8(f)) is 
amended--
            (1) in paragraph (1), by striking ``Pesticide Registration 
        Improvement Act of 2003'' and inserting ``Pesticide Registration 
        Improvement Renewal Act'';
            (2) in paragraph (2), by striking ``S11631'' and all that 
        follows through the end of the paragraph and inserting ``S10409 
        through S10411, dated July 31, 2007.''; and
            (3) in paragraph (4), by striking subparagraph (B) and 
        inserting the following:
                    ``(B) Completeness of application.--
                          ``(i) In general.--
                      Not <<NOTE: Deadlines.>> 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.

[[Page 121 STAT. 1005]]

                          ``(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

[[Page 121 STAT. 1006]]

                      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''.

[[Page 121 STAT. 1007]]

SEC. 6. <<NOTE: 7 USC 136a note.>> EFFECTIVE DATE.

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

    Approved October 9, 2007.

LEGISLATIVE HISTORY--S. 1983:
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CONGRESSIONAL RECORD, Vol. 153 (2007):
            Aug. 2, considered and passed Senate.
            Sept. 24, considered and passed House.

                                  <all>
```