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
outlining the fee amounts associated with specific activities
Extension Act of 2018 (PRIA 4; P.L. 116-8), Congress
(the fee schedule is printed in Congressional Record,
authorized the U.S. Environmental Protection Agency
September 7, 2003, pp. S11631-S11633) and required EPA
(EPA) to collect and use two types of fees to enhance and
to complete its review within a specific time frame for each
accelerate the agency’s pesticide registration program and
category of applications if EPA collected the fee.
related activities. Without reauthorization of these
authorities, EPA’s authority to collect one type of fee—
PRIA 2 and PRIA 3 reauthorized and amended the pesticide
pesticide maintenance fees—terminates at the end of
fee framework. PRIA 2 and PRIA 3 added new categories
FY2023, while the authority to collect the other type of
of applications for which registration service fees may be
fee—pesticide registration service fees—begins to phase
assessed, revised the schedule of time frames in which EPA
out at the end of FY2023.
is required to make a decision on an application, and
adjusted the fee amounts for both maintenance and
Background
registration service fees. The updated fee schedule for
EPA assesses fees on pesticide manufacturers and
PRIA 2 is printed in Congressional Record, July 31, 2007,
distributors (both referred to as registrants) for pesticide
pp. S10409-S10411, while PRIA 3 included the fee
registrations and pesticide-related applications. A
schedule in statute.
combination of these fees (which must be appropriated) and
discretionary appropriations from the General Fund pay for
With PRIA 4, Congress reauthorized and further amended
EPA’s pesticide regulatory activities as authorized by two
the pesticide fee framework. The following two sections
statutes: (1) The Federal Insecticide, Fungicide, and
summarize current provisions regarding maintenance fees
Rodenticide Act (FIFRA; 7 U.S.C. §136 et seq.) requires
and registration service fees.
EPA to review and register the use of pesticide products
meeting certain statutory criteria and periodically reevaluate
Pesticide Maintenance Fees
existing pesticide registrations (i.e., registration review);
Under current law, the authority to collect pesticide
and (2) Section 408 of the Federal Food, Drug, and
maintenance fees terminates on September 30, 2023.
Cosmetic Act (21 U.S.C. §346a) requires EPA to establish
maximum limits (“tolerances”) for pesticide residues in or
FIFRA Section 4 (7 U.S.C. §136a-1), as amended, sets
on food and animal feed.
annual maximum maintenance fees per registrant generally
based on the number of registrations held. Section 4
Since 1954, Congress has authorized the collection of
provides “small business” waivers and fee reductions and
different types of fees to partially defray various costs
exemptions for certain public health pesticides. FIFRA
related to federal pesticide regulation activities.
Section 2(nn) defines public health pesticide as a minor use
(Appropriations fund the remainder of the costs.) The
pesticide product registered for use and used predominantly
Pesticide Registration Improvement Act of 2003 (PRIA 1;
in public health programs for vector control or for other
P.L. 108-199, Division G, Title V) established the current
recognized health protection uses. Congress also limited
pesticide fee framework in 2004. The Pesticide Registration
EPA to collecting an average amount of aggregate
Improvement Renewal Act (PRIA 2; P.L. 110-94), the
maintenance fees annually ($31.0 million per fiscal year)
Pesticide Registration Improvement Extension Act of 2012
from FY2019 through FY2023. Nonpayment of
(PRIA 3; P.L. 112-177), and PRIA 4 made amendments to
maintenance fees can result in the cancellation of associated
this framework.
pesticide registrations. EPA orders to cancel pesticide
registrations due to nonpayment of maintenance fees are
PRIA 1 established the current framework for EPA to
published in the Federal Register. See, for example, 87
collect maintenance fees and registration service fees. PRIA
Federal Register 10200, February 23, 2022.
1 modified provisions originally enacted in 1988 that
authorized the collection and use of maintenance fees to
Collected maintenance fees are deposited as receipts in the
enhance and accelerate a one-time EPA review of pesticide
“Reregistration and Expedited Processing Fund” in the U.S.
registrations that the agency issued prior to November 1,
Treasury. These fees are made available to EPA as
1984 (i.e., reregistration). PRIA 1 also authorized a new
mandatory appropriations for offsetting costs associated
type of fee—registration service fees—to defray costs
with (1) evaluating inert ingredients and expedited
associated with EPA review of applications for registering
processing of certain applications within specified statutory
new pesticides, adding new uses to existing pesticide
time frames, (2) reevaluating registered pesticides through
registrations, establishing and amending tolerances, and
registration review (including reviews associated with
amending pesticide labels. PRIA 1 established a “schedule”
Endangered Species Act consultations), (3) tracking and
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The Pesticide Registration Improvement Extension Act of 2018 (PRIA 4; P.L. 116-8): Authorization to Collect Fees
implementing registration review decisions, and (4)
appropriation ($128.3 million). The amount of
implementing information system capabilities to improve
congressional appropriations for the specified functions are
the tracking of pesticide registration decisions.
split among program areas and activities within 3 of EPA’s
Additionally, EPA is directed to use a portion of the fund
10 appropriations accounts—Science and Technology,
annually for specific set-asides, including not more than
Environmental Programs and Management, and State and
$500,000 annually between FY2018 and FY2023 for
Tribal Assistance Grants accounts. For FY2013 through
developing product performance data requirements to
FY2022, appropriation acts have provided for EPA
evaluate products claiming efficacy against certain
assessment of registration service fees notwithstanding the
invertebrate pests (e.g., bed bugs, crawling insects, flying
conditional provision that appropriated funds be no less
insects, pet pests, and fire ants) of significant public health
than FY2012 levels. EPA expects to collect approximately
or economic importance, and not more than $500,000
$20.0 million in registration service fees during FY2022.
annually between FY2018 and FY2023 to enhance the good
laboratory practices standards compliance monitoring
Accounting, Auditing, and Reporting
program established under 40 C.F.R. Part 160.
FIFRA requires the EPA Inspector General to audit the
Reregistration and Expedited Processing Fund and Pesticide
Pesticide Registration Service Fees
Registration Fund in accordance with the Chief Financial
Under current law, the authority to collect registration
Officers Act of 1990 (P.L. 101-576), as amended, and
service fees begins to phase out starting at the end of
submit the findings and recommendations of the audit to
FY2023 with EPA having authority to collect fees at
EPA and certain congressional committees. In December
reduced levels through FY2025—reduced by 40% during
2021, EPA Office of the Inspector General issued its audit
FY2024 and 70% during FY2025. After FY2025, the
of the Reregistration and Expedited Processing Fund for
authority to collect registration service fees expires.
FY2019 and FY2020 (Report No. 22-F-0012) and the
Pesticide Registration Fund for FY2019 and FY2020
FIFRA Section 33 (7 U.S.C. §136w-8), as amended, sets
(Report No. 22-F-0014).
registration service fee amounts that EPA is authorized to
assess depending on the application submitted and which
FIFRA Section 33 requires EPA to annually report on
requisite action the applicant requests out of 212 specific
various aspects of its pesticide program activities. EPA
actions identified in a series of tables. Section 33 requires
publishes historical and current reports on its website at
EPA to complete review of the requested action within
https://www.epa.gov/pria-fees.
deadlines associated with each category of action. Section
33 provides “small business” fee reductions, and EPA may
Administration Proposal and Potential
exempt from or waive a portion of the registration service
Reauthorization
fee for an application for “minor uses” of a pesticide.
The President’s FY2023 budget request proposed to expand
Section 33 exempts certain applications involving tolerance
the activities for which collected fees may be used, such as
setting in the “public interest” and federal and state
“processing and review of submitted data, laboratory
governmental entities from registration service fees.
support and audits, and rulemaking support.” Currently,
costs associated with these other activities are supported by
FIFRA Section 33 requires EPA to deposit collected
annual appropriations and not fee collections.
pesticide registration service fees as receipts in the
“Pesticide Registration Fund” in the U.S. Treasury.
If Congress were to consider PRIA reauthorization, the
Subsequent appropriations acts are required to collect and
following topics may be of interest based on the debate of
obligate registration service fees. Once Congress
prior PRIAs:
appropriates the fee receipts, EPA may use them without
fiscal year limitation for the following purposes:
amounts that EPA would be authorized to collect from
maintenance fees and registration service fees and the
covering costs associated with the review and
pesticide-related activities that collected fees would be
decisionmaking of applications received with the
authorized to fund;
payment of the applicable registration service fee;
extent to which maintenance fees and registration
enhancing scientific and regulatory activities related to
service fees fund pesticide program activities in annual
worker protection;
appropriations;
awarding partnership grants ($500,000 in aggregate
waivers and reductions of fees for “small business”
annually from FY2013 through FY2023); and
entities; and
carrying out a pesticide safety education program
increased flexibility for EPA to spend collected
($500,000 annually from FY2013 through FY2023).
registration service fees (specifically proposed in
President’s FY2023 budget request).
FIFRA Section 33 prohibits EPA from assessing
registration service fees if the amount of congressional
Jerry H. Yen, Analyst in Environmental Policy
appropriations for specified functions conducted by the
EPA Office of Pesticide Programs (OPP) (excluding any
IF10424
fees appropriated) is less than the corresponding FY2012
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The Pesticide Registration Improvement Extension Act of 2018 (PRIA 4; P.L. 116-8): Authorization to Collect Fees
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https://crsreports.congress.gov | IF10424 · VERSION 3 · UPDATED