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1 1 (April 29, 2022)

handle is hein.crs/goveght0001 and id is 1 raw text is: Con gre SianaI Research Servk informing Ih legisIatve dIebate sne 1914 S Updated April 29, 2022 The Pesticide Registration Improvement Extension Act of 2018 (PRIA 4; P.L. 116-8): Authorization to Collect Fees Pursuant to the Pesticide Registration Improvement Extension Act of 2018 (PRIA 4; P.L. 116-8), Congress authorized the U.S. Environmental Protection Agency (EPA) to collect and use two types of fees to enhance and accelerate the agency's pesticide registration program and related activities. Without reauthorization of these authorities, EPA's authority to collect one type of fee- pesticide maintenance fees-terminates at the end of FY2023, while the authority to collect the other type of fee-pesticide registration service fees-begins to phase out at the end of FY2023. Background EPA assesses fees on pesticide manufacturers and distributors (both referred to as registrants) for pesticide registrations and pesticide-related applications. A combination of these fees (which must be appropriated) and discretionary appropriations from the General Fund pay for EPA's pesticide regulatory activities as authorized by two statutes: (1) The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA; 7 U.S.C. §136 et seq.) requires EPA to review and register the use of pesticide products meeting certain statutory criteria and periodically reevaluate existing pesticide registrations (i.e., registration review); and (2) Section 408 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. §346a) requires EPA to establish maximum limits (tolerances) for pesticide residues in or on food and animal feed. Since 1954, Congress has authorized the collection of different types of fees to partially defray various costs related to federal pesticide regulation activities. (Appropriations fund the remainder of the costs.) The Pesticide Registration Improvement Act of 2003 (PRIA 1; P.L. 108-199, Division G, Title V) established the current pesticide fee framework in 2004. The Pesticide Registration Improvement Renewal Act (PRIA 2; P.L. 110-94), the Pesticide Registration Improvement Extension Act of 2012 (PRIA 3; P.L. 112-177), and PRIA 4 made amendments to this framework. PRIA 1 established the current framework for EPA to collect maintenance fees and registration service fees. PRIA 1 modified provisions originally enacted in 1988 that authorized the collection and use of maintenance fees to enhance and accelerate a one-time EPA review of pesticide registrations that the agency issued prior to November 1, 1984 (i.e., reregistration). PRIA 1 also authorized a new type of fee-registration service fees-to defray costs associated with EPA review of applications for registering new pesticides, adding new uses to existing pesticide registrations, establishing and amending tolerances, and amending pesticide labels. PRIA 1 established a schedule outlining the fee amounts associated with specific activities (the fee schedule is printed in Congressional Record, September 7, 2003, pp. S11631-S11633) and required EPA to complete its review within a specific time frame for each category of applications if EPA collected the fee. PRIA 2 and PRIA 3 reauthorized and amended the pesticide fee framework. PRIA 2 and PRIA 3 added new categories of applications for which registration service fees may be assessed, revised the schedule of time frames in which EPA is required to make a decision on an application, and adjusted the fee amounts for both maintenance and registration service fees. The updated fee schedule for PRIA 2 is printed in Congressional Record, July 31, 2007, pp. S10409-S10411, while PRIA 3 included the fee schedule in statute. With PRIA 4, Congress reauthorized and further amended the pesticide fee framework. The following two sections summarize current provisions regarding maintenance fees and registration service fees. Pestkide Maintenance Fees Under current law, the authority to collect pesticide maintenance fees terminates on September 30, 2023. FIFRA Section 4 (7 U.S.C. §136a-1), as amended, sets annual maximum maintenance fees per registrant generally based on the number of registrations held. Section 4 provides small business waivers and fee reductions and exemptions for certain public health pesticides. FIFRA Section 2(nn) defines public health pesticide as a minor use pesticide product registered for use and used predominantly in public health programs for vector control or for other recognized health protection uses. Congress also limited EPA to collecting an average amount of aggregate maintenance fees annually ($31.0 million per fiscal year) from FY2019 through FY2023. Nonpayment of maintenance fees can result in the cancellation of associated pesticide registrations. EPA orders to cancel pesticide registrations due to nonpayment of maintenance fees are published in the Federal Register. See, for example, 87 Federal Register 10200, February 23, 2022. Collected maintenance fees are deposited as receipts in the Reregistration and Expedited Processing Fund in the U.S. Treasury. These fees are made available to EPA as mandatory appropriations for offsetting costs associated with (1) evaluating inert ingredients and expedited processing of certain applications within specified statutory time frames, (2) reevaluating registered pesticides through registration review (including reviews associated with Endangered Species Act consultations), (3) tracking and

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