TITLE V--FEES
SEC. 501. REREGISTRATION FEES.
Section 4(i) (7 U.S.C. 136a-1(i)), as amended by section 232(2), is
amended--
- (1) in paragraphs (5)(H) and (6), by striking '1997' and inserting
'2001'; and
- (2) in paragraph (5)(C), by inserting '(i)' after '(C)' and by adding at
the end the following:
- (ii) in each of the fiscal years 1998, 1999, and 2000, the Administrator is
authorized to collect up to an additional $2,000,000 in a manner consistent with
subsection (k)(5) and the recommendations of the Inspector General of the
Environmental Protection Agency. The total fees that may be collected under this
clause shall not exceed $6,000,000.
(b) SECTION 4(k)(1)-
Section 4(k)(1) (7 U.S.C. 136a-1(k)(1)) is amended by inserting before the
period the following: 'which shall be known as the Reregistration and Expedited
Processing Fund'.
(c) SECTION 4(k)(2)-
Section 4(k)(2) (7 U.S.C. 136a-1(k)(2)) is amended to read as follows:
- (2) SOURCE AND USE-
- (A) All moneys derived from fees collected by the Administrator under
subsection (i) shall be deposited in the fund and shall be available to the
Administrator, without fiscal year limitation, specifically to offset the costs
of reregistration and expedited processing of the applications specified in
paragraph (3). Such moneys derived from fees may not be expended in any fiscal
year to the extent such moneys derived from fees would exceed money appropriated
for use by the Administrator and expended in such year for such costs of
reregistration and expedited processing of such applications. The Administrator
shall, prior to expending any such moneys derived from fees--
- (i) effective October 1, 1997, adopt specific and cost accounting rules and
procedures as approved by the General Accounting Office and the Inspector
General of the Environmental Protection Agency to ensure that moneys derived
from fees are allocated solely to the costs of reregistration and expedited
processing of the applications specified in paragraph (3) in the same portion as
appropriated funds;
- (ii) prohibit the use of such moneys derived from fees to pay for any costs
other than those necessary to achieve reregistration and expedited processing of
the applications specified in paragraph (3); and
- (iii) ensure that personnel and facility costs associated with the
functions to be carried out under this paragraph do not exceed agency averages
for comparable personnel and facility costs.
- (B) The Administrator shall also--
- (i) complete the review of unreviewed reregistration studies required to
support the reregistration eligibility decisions scheduled for completion in
accordance with subsection (l)(2); and
- (ii) contract for such outside assistance as may be necessary for review of
required studies, using a generally accepted competitive process for the
selection of vendors of such assistance.
Section 4(k)(3) (7 U.S.C. 136a-1(k)(3)) is amended--
- (1) in subparagraph (A), by striking out 'for each of the fiscal years
1992, 1993, and 1994, 1/7 th of the maintenance fees collected, up to 2 million
each year' and inserting in lieu thereof 'for each of the fiscal years 1997
through 2001, not more than 1/7 of the maintenance fees collected in such fiscal
year'; and
- (2) by adding a new subparagraph (C) to read as follows:
- (C) So long as the Administrator has not met the time frames specified in
clause (ii) of section 3(c)(3)(B) with respect to any application subject to
section 3(c)(3)(B) that was received prior to the date of enactment of the Food
Quality Protection Act of 1996, the Administrator shall use the full amount of
the fees specified in subparagraph (A) for the purposes specified therein. Once
all applications subject to section 3(c)(3)(B) that were received prior to such
date of enactment have been acted upon, no limitation shall be imposed by the
preceding sentence of this subparagraph so long as the Administrator meets the
time frames specified in clause (ii) of section 3(c)(3)(B) on 90 percent of
affected applications in a fiscal year. Should the Administrator not meet such
time frames in a fiscal year, the limitations imposed by the first sentence of
this subparagraph shall apply until all overdue applications subject to section
3(c)(3)(B) have been acted upon.
Section 4(k)(5) (7 U.S.C. 136a-1(k)(5)) is amended to read as follows:
- (5) ACCOUNTING AND PERFORMANCE- The Administrator shall take all steps
necessary to ensure that expenditures from fees authorized by subsection
(i)(5)(C)(ii) are used only to carry out the goals established under subsection
(l). The Reregistration and Expedited Processing Fund shall be designated as an
Environmental Protection Agency component for purposes of section 3515(c) of
title 31, United States Code. The annual audit required under section 3521 of
such title of the financial statements of activities under this Act under
section 3515(b) of such title shall include an audit of the fees collected under
subsection (i)(5)(C) and disbursed, of the amount appropriated to match such
fees, and of the Administrator's attainment of performance measures and goals
established under subsection (l). Such an audit shall also include a review of
the reasonableness of the overhead allocation and adequacy of disclosures of
direct and indirect costs associated with carrying out the reregistration and
expedited processing of the applications specified in paragraph (3), and the
basis for and accuracy of all costs paid with moneys derived from such fees. The
Inspector General shall conduct the annual audit and report the findings and
recommendations of such audit to the Administrator and to the Committees on
Agriculture of the House of Representatives and the Senate. The cost of such
audit shall be paid for out of the fees collected under subsection (i)(5)(C)
Subsections (l) and (m) of section 4 (7 U.S.C. 136a-1), as amended by
section 237, are redesignated as subsections (m) and (n) respectively and the
following is inserted after subsection (k):
- (l) PERFORMANCE MEASURES AND GOAL- The Administrator shall establish
and publish annually in the Federal Register performance measures and goals.
Such measures and goals shall include--
- (1) the number of products reregistered, canceled, or amended, the status
of reregistration, the number and type of data requests under section 3(c)(2)(B)
issued to support product reregistration by active ingredient, the progress in
reducing the number of unreviewed, required reregistration studies, the
aggregate status of tolerances reassessed, and the number of applications for
registration submitted under subsection (k)(3) that were approved or
disapproved;
- (2) the future schedule for reregistrations, including the projection for
such schedules that will be issued under subsection (g)(2)(A) and (B) in the
current fiscal year and the succeeding fiscal year; and
- (3) the projected year of completion of the reregistrations under this
section.
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