June 22, 2016
The Pesticide Registration Improvement Extension Act of 2012
(PRIA 3, P.L. 112-177): Authorization to Collect Fees
Pursuant to the Pesticide Registration Improvement
printed in Congressional Record, September 7, 2003, pp.
Extension Act of 2012 (PRIA 3; P.L. 112-177), Congress
S11631-S11633) and required EPA to complete its review
authorized the U.S. Environmental Protection Agency
within a specific timeframe for each category of
(EPA) to collect and use two types of fees to enhance and
applications if EPA collected the fee.
accelerate the agency’s pesticide registration program and
related activities. Without reauthorization of these
PRIA 2 reauthorized and amended the pesticide fee
authorities, EPA’s authority to collect one type of fee—
framework. PRIA 2 added new categories of applications
pesticide maintenance fees—terminates at the end of
for which registration service fees may be assessed (the
FY2017, while the authority to collect the other type of
updated fee schedule is printed in Congressional Record,
fee—pesticide registration service fees—begins to phase
July 31, 2007, pp. S10409-S10411), revised the schedule of
out at the end of FY2017.
timeframes in which EPA is required to make a decision on
an application, and adjusted the fee amounts for both
Background
maintenance and registration service fees.
EPA assesses fees on pesticide manufacturers and
distributors (both referred to as “registrants”) for pesticide
With PRIA 3, Congress reauthorized and further amended
registrations and pesticide-related applications. A
the pesticide fee framework. The following two sections
combination of these fees (which must be appropriated) and
summarize current provisions regarding maintenance fees
discretionary appropriations from the General Fund pay for
and registration service fees.
EPA’s pesticide regulatory activities as authorized by two
statutes. The Federal Insecticide, Fungicide, and
Pesticide Maintenance Fees
Rodenticide Act (FIFRA; 7 U.S.C. §136 et seq.) requires
Under current law, the authority to collect pesticide
EPA to review and register the use of pesticide products
maintenance fees terminates on September 30, 2017.
meeting certain statutory criteria and periodically reevaluate
existing pesticide registrations (i.e., registration review).
FIFRA Section 4 (7 U.S.C. §136a-1), as amended, sets
Section 408 of the Federal Food, Drug, and Cosmetic Act
annual maximum maintenance fees per registrant generally
(21 U.S.C. §346a) requires EPA to establish maximum
based on the number of registrations held. Section 4
limits (“tolerances”) for pesticide residues in or on food and
provides “small business” waivers and fee reductions and
animal feed.
exemptions for certain public health pesticides. Congress
also limited EPA to collecting an aggregate amount of
Since 1954, Congress has authorized the collection of
maintenance fees annually ($27.8 million per fiscal year)
different types of fees to partially defray various costs
from FY2013 through FY2017. Nonpayment of
related to federal pesticide regulation activities.
maintenance fees can result in the cancellation of associated
(Appropriations fund the remainder of the costs.) The
pesticide registrations.
Pesticide Registration Improvement Act of 2003 (PRIA 1;
P.L. 108-199, Division G, Title V) established the current
Collected maintenance fees are deposited as receipts in the
pesticide fee framework in 2004. The Pesticide Registration
“Reregistration and Expedited Processing Fund” in the U.S.
Improvement Renewal Act (PRIA 2, P.L. 110-94) and
Treasury. These fees are made available to EPA as
PRIA 3 made amendments to this framework.
mandatory appropriations for offsetting costs associated
with (1) evaluating inert ingredients and expedited
PRIA 1 provides the current framework for EPA to collect
processing of certain applications within specified statutory
maintenance fees and registration service fees. PRIA 1
time frames, and (2) reevaluating registered pesticides
modified provisions originally enacted in 1988 that
(including setting tolerances). Additionally, FIFRA directs
authorized the collection and use of maintenance fees to
EPA to use up to $800,000 per year from FY2013 through
enhance and accelerate a one-time EPA review of pesticide
FY2017 to enhance information systems capabilities to
registrations that the agency issued prior to November 1,
improve tracking of pesticide registration decisions.
1984 (i.e., reregistration). PRIA 1 also authorized a new
type of fee—registration service fees—to defray costs
Pesticide Registration Service Fees
associated with EPA review of applications for registering
Under current law, the authority to collect registration
new pesticide active ingredients and products, adding new
service fees begins to phase out starting at the end of
uses to existing pesticide registrations, establishing and
FY2017 with EPA having authority to collect fees at
amending tolerances, and amending pesticide labels. PRIA
reduced levels through FY2019—reduced by 40% during
1 established a schedule outlining the fee amounts
FY2018 and 70% during FY2019. After FY2019, the
associated with specific activities (the fee schedule is
authority to collect registration service fees expires.
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link to page 2
The Pesticide Registration Improvement Extension Act of 2012 (PRIA 3, P.L. 112-177): Authorization to Collect Fees
FIFRA Section 33 (7 U.S.C. §136w-8), as amended, sets
Figure 1. EPA Office of Pesticide Programs
registration service fee amounts that EPA is authorized to
Appropriations, Maintenance Fees, and Registration
assess depending on the application submitted and which
Service Fees, FY2004-FY2016
requisite action the applicant requests out of 189 specific
actions. Section 33 requires EPA to complete review of the
requested action within deadlines associated with each
category of action. (The schedule of fees is in statute rather
than printed in the Congressional Record.) Section 33
provides “small business” fee reductions, and EPA may
exempt from or waive a portion of the registration service
fee for an application for “minor uses” of a pesticide.
Section 33 exempts certain applications involving tolerance
setting in the “public interest” and federal and state
governmental entities from registration service fees.
FIFRA Section 33 requires EPA to deposit collected
pesticide registration service fees as receipts in the
“Pesticide Registration Fund” in the U.S. Treasury.
Subsequent appropriations acts are required to collect and

obligate registration service fees. Once Congress
Source: Explanatory statements accompanying appropriations acts
appropriates the fee receipts, EPA may use them without
with regard to EPA, correspondence with EPA, and EPA annual
fiscal year limitation for the following purposes:
reports on PRIA implementation.

Notes: PRIA 1 became effective March 23, 2004. PRIA 2 became
Covering costs associated with the review and
effective October 1, 2007. PRIA 3 became effective October 1, 2012.
decisionmaking of applications received with the
Registration service fees for FY2016 are estimated by EPA.
payment of the applicable registration service fee;

Accounting, Auditing, and Reporting
Enhancing scientific and regulatory activities related to
worker protection;
FIFRA requires the EPA inspector general to annually audit
the Reregistration and Expedited Processing Fund and

Pesticide Registration Fund in accordance with the Chief
Awarding partnership grants ($500,000 in aggregate
annually from FY2013 through FY2017); and
Financial Officers Act of 1990 (P.L. 101-576), as amended,
and FIFRA and submit the findings and recommendations

of the audit to EPA and certain congressional committees.
Carrying out a pesticide safety education program
($500,000 annually from FY2013 through FY2017).
FIFRA Section 33 requires EPA to annually report on
various aspects of its pesticide program activities. EPA
FIFRA Section 33 prohibits EPA from assessing
registration service fees if the amount of congressional
publishes historical and current reports on its website at
https://www.epa.gov/pria-fees.
appropriations for specified functions conducted by the
EPA Office of Pesticide Programs (OPP) (excluding any
Reauthorization
fees appropriated) is less than the corresponding FY2012
appropriation ($128.3 million). For FY2013 through
The President’s FY2017 budget request does not include
reauthorization of pesticide fee provisions. If Congress
FY2016, appropriation acts provided for EPA assessment of
registration service fees notwithstanding the conditional
were to consider reauthorization, the following topics may
be of interest based on the debate of prior PRIAs:
provision that appropriated funds be no less than FY2012
levels.
 Amounts that EPA would be authorized to collect from
Fees and Appropriations for EPA
maintenance fees and registration service fees and the
Pesticide Program Activities
pesticide-related activities that collected fees would be
authorized to fund;
Under Title II of Division G of the Consolidated
Appropriations Act, 2016 (P.L. 114-113), Congress
 Waivers and reductions of fees for “small business”
appropriated a total of $8.14 billion for EPA for FY2016
entities; and
and specifically provided a combined total of $120.2
million within three of EPA’s nine appropriations
 Increased flexibility for EPA to spend collected
accounts—Environmental Programs and Management,
Science and Technology, and the State and Tribal
maintenance fees (specifically proposed in President’s
FY2017 budget request).
Assistance Grants accounts—to support the agency’s
pesticide program activities for the year. The President’s
budget request for FY2017 proposes $128.3 million for
Jerry H. Yen, Analyst in Environmental Policy
these activities. Figure 1 presents the amount of
Robert Esworthy, Specialist in Environmental Policy
appropriations provided to EPA OPP and the amount of
IF10424
maintenance fees and registration service fees collected
since the enactment of PRIA 1 in 2004.
https://crsreports.congress.gov

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The Pesticide Registration Improvement Extension Act of 2012 (PRIA 3, P.L. 112-177): Authorization to Collect Fees


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https://crsreports.congress.gov | IF10424 · VERSION 2 · NEW

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