PUBLIC LAW 116–8—MAR. 8, 2019 PESTICIDE REGISTRATION IMPROVEMENT EXTENSION ACT OF 2018 VerDate Sep 11 2014 06:03 Sep 30, 2019 Jkt 089139 PO 00008 Frm 00001 Fmt 6579 Sfmt 6579 E:\PUBLAW\PUBL008.116 PUBL008 dkrause on DSKBC28HB2PROD with PUBLAWS 133 STAT. 484 PUBLIC LAW 116–8—MAR. 8, 2019 Public Law 116–8 116th Congress An Act To enact into law a bill by reference. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) SHORT TITLE.—This Act may be cited as the ‘‘Pesticide Registration Improvement Extension Act of 2018’’. (b) TABLE OF CONTENTS.—The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Extension and modification of maintenance fee authority. Sec. 3. Reregistration and Expedited Processing Fund. Sec. 4. Experimental use permits for pesticides. Sec. 5. Pesticide registration service fees. Sec. 6. Revision of tables regarding covered pesticide registration applications and other covered actions and their corresponding registration service fees. Sec. 7. Agricultural worker protection standard; certification of pesticide applica- tors. SEC. 2. EXTENSION AND MODIFICATION OF MAINTENANCE FEE AUTHORITY. (a) MAINTENANCE FEE.—Section 4(i)(1) of the Federal Insecti- cide, Fungicide, and Rodenticide Act (7 U.S.C. 136a–1(i)(1)) is amended— (1) in subparagraph (C), by striking ‘‘an aggregate amount of $27,800,000 for each of fiscal years 2013 through 2017’’ and inserting ‘‘an average amount of $31,000,000 for each of fiscal years 2019 through 2023’’; (2) in subparagraph (D)— (A) in clause (i), by striking ‘‘$115,500 for each of fiscal years 2013 through 2017’’ and inserting ‘‘$129,400 for each of fiscal years 2019 through 2023’’; and (B) in clause (ii), by striking ‘‘$184,800 for each of fiscal years 2013 through 2017’’ and inserting ‘‘$207,000 for each of fiscal years 2019 through 2023’’; (3) in subparagraph (E)(i)— (A) in subclause (I), by striking ‘‘$70,600 for each of fiscal years 2013 through 2017’’ and inserting ‘‘$79,100 for each of fiscal years 2019 through 2023’’; and (B) in subclause (II), by striking ‘‘$122,100 for each of fiscal years 2013 through 2017’’ and inserting ‘‘$136,800 for each of fiscal years 2019 through 2023’’; and (4) in subparagraph (I), by striking ‘‘2017..’’ and inserting ‘‘2023.’’. 7 USC 136 note. Pesticide Registration Improvement Extension Act of 2018. Mar. 8, 2019 [S. 483] VerDate Sep 11 2014 06:03 Sep 30, 2019 Jkt 089139 PO 00008 Frm 00002 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL008.116 PUBL008 dkrause on DSKBC28HB2PROD with PUBLAWS 133 STAT. 485 PUBLIC LAW 116–8—MAR. 8, 2019 (b) PROHIBITION ON OTHER FEES.—Section 4(i)(2) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a–1(i)(2)) is amended— (1) by striking ‘‘the date of enactment of this section and ending on September 30, 2019’’ and inserting ‘‘the effective date of the Pesticide Registration Improvement Extension Act of 2018 and ending on September 30, 2025’’; and (2) by inserting after ‘‘registration of a pesticide under this Act’’ the following: ‘‘or any other action covered under a table specified in section 33(b)(3),’’. (c) EXTENSION OF PROHIBITION ON TOLERANCE FEES.—Section 408(m)(3) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 346a(m)(3)) is amended by striking ‘‘2017’’ and inserting ‘‘2023’’. SEC. 3. REREGISTRATION AND EXPEDITED PROCESSING FUND. (a) AUTHORIZED USE OF FUND.—Section 4(k)(2)(A) of the Fed- eral Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a– 1(k)(2)(A)) is amended— (1) in the first sentence, by striking ‘‘the fund’’ and inserting ‘‘the Reregistration and Expedited Processing Fund’’; (2) by striking ‘‘paragraph (3),’’ in the first sentence and all that follows through the period at the end of the second sentence and inserting the following: ‘‘paragraph (3), to offset the costs of registration review under section 3(g), including the costs associated with any review under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) required as part of the registration review, to offset the costs associated with tracking and implementing registration review decisions, including registration review decisions designed to reduce risk, for the purposes specified in paragraphs (4) and (5), and to enhance the information systems capabilities to improve the tracking of pesticide registration decisions.’’; (3) in clause (i), by striking ‘‘are allocated solely’’ and all that follows through ‘‘3(g);’’ and inserting the following: ‘‘are allocated solely for the purposes specified in the first sentence of this subparagraph;’’; and (4) in clause (ii), by striking ‘‘necessary to achieve’’ and all that follows through ‘‘3(g);’’ and inserting the following: ‘‘necessary to achieve the purposes specified in the first sentence of this subparagraph;’’. (b) SET-ASIDE FOR REVIEW OF INERT INGREDIENTS AND EXPE- DITED PROCESSING OF SIMILAR APPLICATIONS.—Section 4(k)(3)(A) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a–1(k)(3)(A)) is amended, in the matter preceding clause (i), by striking ‘‘The Administrator shall use’’ and all that follows through ‘‘personnel and resources—’’ and inserting the following: ‘‘For each of fiscal years 2018 through 2023, the Administrator shall use between 1⁄9 and 1⁄8 of the maintenance fees collected in such fiscal year to obtain sufficient personnel and resources— ’’. (c) SET-ASIDE FOR EXPEDITED RULEMAKING AND GUIDANCE DEVELOPMENT FOR CERTAIN PURPOSES.—Paragraph (4) of section 4(k) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a–1(k)) is amended to read as follows: ‘‘(4) EXPEDITED RULEMAKING AND GUIDANCE DEVELOPMENT FOR CERTAIN PRODUCT PERFORMANCE DATA REQUIREMENTS.— VerDate Sep 11 2014 06:03 Sep 30, 2019 Jkt 089139 PO 00008 Frm 00003 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL008.116 PUBL008 dkrause on DSKBC28HB2PROD with PUBLAWS 133 STAT. 486 PUBLIC LAW 116–8—MAR. 8, 2019 ‘‘(A) SET-ASIDE.—For each of fiscal years 2018 through 2023, the Administrator shall use not more than $500,000 of the amounts made available to the Administrator in the Reregistration and Expedited Processing Fund for the activities described in subparagraph (B). ‘‘(B) PRODUCTS CLAIMING EFFICACY AGAINST INVERTE- BRATE PESTS OF SIGNIFICANT PUBLIC HEALTH OR ECONOMIC IMPORTANCE.—The Administrator shall use amounts made available under subparagraph (A) to develop, receive com- ments with respect to, finalize, and implement the nec- essary rulemaking and guidance for product performance data requirements to evaluate products claiming efficacy against the following invertebrate pests of significant public health or economic importance (in order of importance): ‘‘(i) Bed bugs. ‘‘(ii) Premise (including crawling insects, flying insects, and baits). ‘‘(iii) Pests of pets (including pet pests controlled by spot-ons, collars, shampoos, powders, or dips). ‘‘(iv) Fire ants. ‘‘(C) DEADLINES FOR GUIDANCE.—The Administrator shall develop, and publish guidance required by subpara- graph (B), with respect to claims of efficacy against pests described in such subparagraph as follows: ‘‘(i) With respect to bed bugs, issue final guidance not later than 30 days after the effective date of the Pesticide Registration Improvement Extension Act of 2018. ‘‘(ii) With respect to pests specified in clause (ii) of such subparagraph— ‘‘(I) submit draft guidance to the Scientific Advisory Panel and for public comment not later than June 30, 2018; and ‘‘(II) complete any response to comments received with respect to such draft guidance and finalize the guidance not later than September 30, 2019. ‘‘(iii) With respect to pests specified in clauses (iii) and (iv) of such subparagraph— ‘‘(I) submit draft guidance to the Scientific Advisory Panel and for public comment not later than June 30, 2019; and ‘‘(II) complete any response to comments received with respect to such draft guidance and finalize the guidance not later than March 31, 2021. ‘‘(D) REVISION.—The Administrator shall revise the guidance required by subparagraph (B) from time to time, but shall permit applicants and registrants sufficient time to obtain data that meet the requirements specified in such revised guidance. ‘‘(E) DEADLINE FOR PRODUCT PERFORMANCE DATA REQUIREMENTS.—The Administrator shall, not later than September 30, 2021, issue regulations prescribing product performance data requirements for any pesticide intended for preventing, destroying, repelling, or mitigating any invertebrate pest of significant public health or economic Publication. Evaluation. VerDate Sep 11 2014 06:03 Sep 30, 2019 Jkt 089139 PO 00008 Frm 00004 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL008.116 PUBL008 dkrause on DSKBC28HB2PROD with PUBLAWS 133 STAT. 487 PUBLIC LAW 116–8—MAR. 8, 2019 importance specified in clauses (i) through (iv) of subpara- graph (B).’’. (d) SET-ASIDE FOR GOOD LABORATORY PRACTICES INSPEC- TIONS.—Section 4(k) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a–1(k)) is amended— (1) by redesignating paragraphs (5) and (6) as paragraphs (6) and (7), respectively; (2) by inserting after paragraph (4) the following new para- graph: ‘‘(5) GOOD LABORATORY PRACTICES INSPECTIONS.— ‘‘(A) SET-ASIDE.—For each of fiscal years 2018 through 2023, the Administrator shall use not more than $500,000 of the amounts made available to the Administrator in the Reregistration and Expedited Processing Fund for the activities described in subparagraph (B). ‘‘(B) ACTIVITIES.—The Administrator shall use amounts made available under subparagraph (A) for enhancements to the good laboratory practices standards compliance moni- toring program established under part 160 of title 40 of the Code of Federal Regulations (or successor regulations), with respect to laboratory inspections and data audits con- ducted in support of pesticide product registrations under this Act. As part of such monitoring program, the Adminis- trator shall make available to each laboratory inspected under such program in support of such registrations a preliminary summary of inspection observations not later than 60 days after the date on which such an inspection is completed.’’; and (3) in paragraph (7), as so redesignated, by striking ‘‘para- graphs (2), (3), and (4)’’ and inserting ‘‘paragraphs (2), (3), (4), and (5)’’. SEC. 4. EXPERIMENTAL USE PERMITS FOR PESTICIDES. Section 5(a) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136c(a)) is amended— (1) by striking ‘‘permit for a pesticide.’’ and inserting ‘‘permit for a pesticide. An application for an experimental use permit for a covered application under section 33(b) shall conform with the requirements of that section.’’; and (2) by inserting ‘‘(or in the case of an application for an experimental use permit for a covered application under section 33(b), not later than the last day of the applicable timeframe for such application specified in such section)’’ after ‘‘all required supporting data’’. SEC. 5. PESTICIDE REGISTRATION SERVICE FEES. (a) EXTENSION AND MODIFICATION OF FEE AUTHORITY.—Section 33(b) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w–8(b)) is amended— (1) in paragraph (2)— (A) in the heading, by striking ‘‘PESTICIDE REGISTRA- TION’’; and (B) in subparagraph (A), by inserting ‘‘or for any other action covered by a table specified in paragraph (3)’’ after ‘‘covered by this Act that is received by the Administrator on or after the effective date of the Pesticide Registration Improvement Act of 2003’’; (2) in paragraph (5)— Deadline. VerDate Sep 11 2014 06:03 Sep 30, 2019 Jkt 089139 PO 00008 Frm 00005 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL008.116 PUBL008 dkrause on DSKBC28HB2PROD with PUBLAWS 133 STAT. 488 PUBLIC LAW 116–8—MAR. 8, 2019 (A) in the heading, by striking ‘‘PESTICIDE REGISTRA- TION APPLICATIONS’’ and inserting ‘‘COVERED APPLICATIONS’’; and (B) by striking ‘‘pesticide registration application’’ both places it appears and inserting ‘‘covered application’’; (3) in paragraph (6)— (A) in subparagraph (A)— (i) by striking ‘‘pesticide registration’’; and (ii) by striking ‘‘October 1, 2013, and ending on September 30, 2015’’ and inserting ‘‘October 1, 2019, and ending on September 30, 2021’’; (B) in subparagraph (B)— (i) by striking ‘‘pesticide registration’’; and (ii) by striking ‘‘2015’’ each place it appears and inserting ‘‘2021’’; and (C) in subparagraph (C), by striking ‘‘revised registra- tion service fee schedules’’ and inserting ‘‘service fee sched- ules revised pursuant to this paragraph’’; (4) in paragraph (7)— (A) in subparagraph (A)— (i) by striking ‘‘covered pesticide registration’’ and inserting ‘‘covered application’’; and (ii) by inserting before the period at the end the following: ‘‘, except that no waiver or fee reduction shall be provided in connection with a request for a letter of certification (commonly referred to as a Gold Seal letter)’’; and (B) in subparagraph (F)(i), by striking ‘‘pesticide reg- istration’’; and (5) in paragraph (8)— (A) in subparagraph (A), by striking ‘‘pesticide registra- tion’’; (B) in subparagraph (B)(i), by striking ‘‘pesticide reg- istration’’; and (C) in subparagraph (C)— (i) in clause (i), by striking ‘‘pesticide registration’’ and inserting ‘‘covered’’; and (ii) in clause (ii)(I), by striking ‘‘pesticide registra- tion’’ and inserting ‘‘covered’’. (b) PESTICIDE REGISTRATION FUND SET-ASIDES FOR WORKER PROTECTION, PARTNERSHIP GRANTS, AND PESTICIDE SAFETY EDU- CATION.—Section 33(c)(3)(B) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w–8(c)(3)(B)) is amended— (1) in the heading, by inserting ‘‘, PARTNERSHIP GRANTS, AND PESTICIDE SAFETY EDUCATION’’ after ‘‘WORKER PROTECTION’’; (2) in clause (i)— (A) by striking ‘‘2017’’ and inserting ‘‘2023’’; and (B) by inserting before the period at the end the fol- lowing:‘‘, with an emphasis on field-worker populations in the United States’’; (3) in clause (ii), by striking ‘‘2017’’ and inserting ‘‘2023’’; and (4) in clause (iii), by striking ‘‘2017’’ and inserting ‘‘2023’’. (c) REFORMS TO REDUCE DECISION TIME REVIEW PERIODS.— Section 33(e) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w–8(e)) is amended— VerDate Sep 11 2014 06:03 Sep 30, 2019 Jkt 089139 PO 00008 Frm 00006 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL008.116 PUBL008 dkrause on DSKBC28HB2PROD with PUBLAWS 133 STAT. 489 PUBLIC LAW 116–8—MAR. 8, 2019 (1) by striking ‘‘Pesticide Registration Improvement Exten- sion Act of 2012’’ and inserting ‘‘Pesticide Registration Improve- ment Extension Act of 2018’’; and (2) by inserting at the end the follo [Text truncated for display. Full text available on Congress.gov.]