| S 1474 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.'.
END
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