T he Pesticide Registration Improvement Extension Act of 2012 (PRIA 3), which amended certain provisions of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), reauthorized 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. PRIA 3 authorized the collection of maintenance fees until the end of FY2017. Pesticide Maintenance Fees

In accordance with the Consolidated Appropriations Act, 2018, the authority to collect pesticide maintenance fees expires on September 30, 2018. Pesticide Registration Service Fees

In accordance with the Consolidated Appropriations Act, 2018, EPA's authority to collect registration service fees begins to phase out starting at the end of FY2018. If the authority to collect registration service fees is not extended or reauthorized, pursuant to PRIA 3, the amount of registration service fees that EPA may collect would be reduced by 70% for FY2019 and, at the end of FY2019, the authority to collect registration service fees would expire. From FY2004 through FY2018, collected maintenance fees ranged from $21.4 million to $28.7 million per fiscal year. In the same time period, collected registration service fees ranged from $10.6 million to $18.6 million per fiscal year. Collected maintenance and registration service fees each year are estimated to provide one-fourth of the total appropriation for EPA's pesticide program activities. H.R. 1029 and Senate Amendment

On March 20, 2017, the House passed the Pesticide Registration Enhancement Act of 2017 ( H.R. 1029 , renamed the Pesticide Registration Improvement Extension Act of 2018. Both versions of H.R. 1029 would
reauthorize the collection of maintenance fees and registration service fees through FY2023 and FY2025, respectively; increase the cap on annual maintenance fees per registrant by 12% and the aggregate for all maintenance fees from $27.8 million per fiscal year to an average amount of $31.0 million per fiscal year; direct EPA annually to set aside not more than $500,000 in the Reregistration and Expedited Processing Fund for expedited rulemaking and guidance development related to evaluating the efficacy of pesticides in controlling certain invertebrate pests; direct EPA annually to set aside not more than $500,000 in the Reregistration and Expedited Processing Fund for enhancing the good laboratory practices standards compliance monitoring program; revise registration service fee amounts for different actions the applicant may request the agency to conduct; add more actions in which registration service fees may be assessed; and revise certain time frames in which EPA is required to complete review of a requested action. The Senate amendment to H.R. 1029 would require EPA to carry out and not revise two final rules before October 1, 2021, with one exception. EPA promulgated both rules during the previous administration. The other rule revised standards for certified pesticide applicators ("Pesticides; Certification of Pesticide Applicators"), amending elements of the existing standard with the stated intent of protecting applicators, the public, and the environment from risks associated with the use of restricted use pesticides. Additionally, the Senate amendment to H.R. 1029 would direct the U.S. Government Accountability Office to publish a report by October 1, 2021, on the use of designated representatives. The report must examine the effect of designated representatives on the availability of pesticide application and hazard information and worker health and safety. H.R. 2

Section 9119 of H.R. 2 , the Agriculture and Nutrition Act of 2018, as passed by the House on June 21, 2018, would enact House-passed H.R. The Senate amendment to H.R. 2 , the Agricultural Improvement Act of 2018, passed by the Senate on June 28, 2018, does not include a similar provision. On July 18, 2018, the House requested a conference with the Senate to resolve differences between the House and Senate versions of H.R.
Division G of Title II of the Consolidated Appropriations Act, 2018 (P.L. 115-141) extended U.S. Environmental Protection Agency (EPA) authority to collect fees from the pesticide industry for the maintenance and evaluation of pesticide registrations under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA; 7 U.S.C. 136 et seq.) until the end of FY2018. Two types of industry-paid fees supplement annual appropriations from the General Fund to support EPA's pesticide regulatory program.
Without the extension, the authority to collect maintenance fees would have expired at the end of FY2017 under the Pesticide Registration Improvement Extension Act of 2012 (PRIA 3; P.L. 112-177). Maintenance fees are paid by pesticide registrants to retain existing pesticide registrations, which govern the terms and conditions for lawful pesticide distribution and use.
Additionally, without the extension, PRIA 3 would have gradually phased out the authority to collect registration service fees by the end of FY2019. Registration service fees are paid by applicants who seek EPA review of applications associated with pesticide registrations (e.g., new registrations, amendments to existing registrations).
If these fee authorities are not reauthorized or extended after FY2018, pursuant to PRIA 3, the authority to collect maintenance fees would expire and the authority to collect registration service fees would be phased out by the end of FY2019.
Since FY2004, total maintenance fees collected by EPA have ranged from $21.4 million to $28.7 million per fiscal year and total registration service fees have ranged from $10.6 million to $18.6 million per fiscal year. Maintenance and registration service fees collected each fiscal year have provided approximately one-fourth of the total appropriation for EPA's pesticide program activities.
In the 115th Congress, the House-passed H.R. 1029, the Pesticide Registration Enhancement Act of 2017, and the Senate amendment to H.R. 1029, the Pesticide Registration Improvement Extension Act of 2018, would reauthorize the collection of maintenance fees until the end of FY2023 and registration service fees until the end of FY2025. The amount that EPA may collect in registration service fees would be reduced by 40% for FY2024 and 70% for FY2025 in a phase out.
Both the House and Senate versions of H.R. 1029 would increase the cap on annual maintenance fees per registrant by 12% and the aggregate for all maintenance fees from $27.8 million per fiscal year to an average amount of $31.0 million per fiscal year.
Both the House and Senate versions of H.R. 1029 would revise registration service fee amounts for different actions the applicant may request the agency to conduct and certain time frames in which EPA is required to complete review of a requested action.
The Senate amendment to H.R. 1029 would require EPA to implement without revision two final rules promulgated during the previous administration before October 1, 2021. The two EPA rules address standards for the protection of agricultural workers from pesticide exposures and the certification of applicators that use restricted use pesticides. The Senate amendment to H.R. 1029 would also direct the U.S. Government Accountability Office to publish a report on the use of designated representatives and their effect on the availability of pesticide application and hazard information.
On June 21, 2018, the House passed H.R. 2, the Agriculture and Nutrition Act of 2018, which includes a provision that would enact House-passed H.R. 1029. The Senate amendment to H.R. 2, the Agriculture Improvement Act of 2018, does not include a similar provision. On July 18, 2018, the House requested a conference with the Senate to resolve differences between the House and Senate versions of H.R. 2.