II

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Pesticide Maintenance

5 Fees Reauthorization Act’’.

6 SEC. 2. MAINTENANCE FEE.

7 (a) AMOUNTS FOR REGISTRANTS.—Section 4(i)(5) of

8 the Federal Insecticide, Fungicide, and Rodenticide Act

9 (7 U.S.C. 136a–1(i)(5)) is amended—
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1 (1) in subparagraph (A), by striking ‘‘each

2 year’’ and all that follows and inserting ‘‘each year

3 $2,300 for each registration’’;

4 (2) in subparagraph (D)—

5 (A) in clause (i), by striking ‘‘$55,000’’

6 and inserting ‘‘$70,000’’; and

7 (B) in clause (ii), by striking ‘‘$95,000’’

8 and inserting ‘‘$120,000’’; and

9 (3) in subparagraph (E)(i)—

10 (A) in subclause (I) by striking ‘‘$38,500’’

11 and inserting ‘‘$46,000’’; and

12 (B) in subclause (II), by striking

13 ‘‘$66,500’’ and inserting ‘‘$80,000’’.

14 (b) TOTAL AMOUNT OF FEES.—Section 4(i)(5)(C) of

15 the Federal Insecticide, Fungicide, and Rodenticide Act

16 (7 U.S.C. 136(a)–1(i)(5)(C)) is amended—

17 (1) by striking ‘‘(C)(i) The’’ and inserting the

18 following:

19 ‘‘(C) TOTAL AMOUNT OF FEES.—The’’;

20 (2) by striking ‘‘$14,000,000 each fiscal year’’

21 and inserting ‘‘$20,000,000 for each of fiscal years

22 2002 through 2006’’; and

23 (3) by striking clause (ii).

24 (c) DEFINITION OF SMALL BUSINESS.—Section

25 4(i)(5)(E)(ii) of the Federal Insecticide, Fungicide, and
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1 Rodenticide Act (7 U.S.C. 136a–1(i)(5)(E)(ii)) is

2 amended—

3 (1) in subclause (I), by striking ‘‘150’’ and in4 serting ‘‘500’’; and

5 (2) in subclause (II), by striking ‘‘gross revenue

6 from chemicals that did not exceed $40,000,000’’

7 and inserting ‘‘global gross revenue from pesticides

8 that did not exceed $60,000,000’’.

9 (d) EXTENSION OF AUTHORITY.—Section 4(i)(5)(H)

10 of the Federal Insecticide, Fungicide, and Rodenticide Act

11 (7 U.S.C. 136a–1(i)(5)(H)) is amended by striking

12 ‘‘2001’’ and inserting ‘‘2006’’.

13 SEC. 3. OTHER FEES.

14 Section 4(i)(6) of the Federal Insecticide, Fungicide,

15 and Rodenticide Act (7 U.S.C. 136a–1(i)(6)) is amended

16 by striking ‘‘2001’’ and inserting ‘‘2006’’.

17 SEC. 4. EXPEDITED PROCESSING OF SIMILAR APPLICA18 TIONS.

19 Section 4(k)(3) of the Federal Insecticide, Fungicide,

20 and Rodenticide Act (7 U.S.C. 136a–1(k)(3)) is

21 amended—

22 (1) in the paragraph heading, by striking ‘‘EX23 PEDITED’’ and inserting ‘‘REVIEW OF INERT INGRE24 DIENTS; EXPEDITED’’; and

25 (2) in subparagraph (A)—
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1 (A) by striking ‘‘1997 through 2001, not

2 more than’’ and inserting ‘‘2002 through

3 2006,’’;

4 (B) by redesignating clauses (i), (ii), and

5 (iii) as subclauses (I), (II), and (III), respec6 tively, and adjusting the margins appropriately;

7 and

8 (C) by striking ‘‘assure the expedited proc9 essing and review of any applicant that’’ and

10 inserting the following:

11 ‘‘(i) review and evaluate inert ingredi12 ents; and

13 ‘‘(ii) ensure the expedited processing

14 and review of any application that—’’.

15 SEC. 5. PESTICIDE TOLERANCE PROCESSING FEES.

16 Section 408(m)(1) of the Federal Food, Drug, and

17 Cosmetic Act (21 U.S.C. 346a(m)(1)) is amended—

18 (1) by striking ‘‘The Administrator’’ and insert19 ing the following:

20 ‘‘(A) IN GENERAL.—The Administrator’’;

21 (2) by striking ‘‘Under the regulations’’ and in22 serting the following:

23 ‘‘(B) INCLUSIONS.—Under the regula24 tions’’;
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1 (3) by redesignating subparagraphs (A), (B),

2 (C), and (D) as clauses (i), (ii), (iii), and (iv), re3 spectively, and adjusting the margins appropriately;

4 (4) by striking ‘‘The regulations may’’ and in5 serting the following:

6 ‘‘(C) WAIVER; REFUND.—The regulations

7 may’’; and

8 (5) by adding at the end the following:

9 ‘‘(D) TOLERANCE PROCESSING FEES.—

10 ‘‘(i) IN GENERAL.—Except as pro11 vided in clause (ii), during the period be12 ginning on the date of enactment of this

13 subparagraph and ending on September

14 30, 2006, the Administrator shall not pro15 mulgate regulations addressing pesticide

16 tolerance processing fees.

17 ‘‘(ii) EXCEPTION FOR CURRENT FEE

18 SCHEDULE.—The Administrator may an19 nually promulgate regulations to imple20 ment changes in the amounts in the sched21 ule of pesticide tolerance processing fees in

22 effect on the date of enactment of this sub23 paragraph by the same percentage as the

24 annual adjustment to the Federal General
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1 Schedule pay scale under section 5303 of

2 title 5, United States Code.’’.

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