ATTACHMENT A

Pesticide Registration Improvement Act of 2003

Pesticide Registration Improvement Act of 2003

Title V of the Departments of Veterans Affairs and Housing and Urban
Development, 

and Independent Agencies Appropriations Act, 2004

(P.L 108-199, Division G, Title V)

TITLE V—PESTICIDE PRODUCTS AND FEES

SEC. 501. PESTICIDE REGISTRATION. 

(a) SHORT TITLE.—This Act may be cited as the “Pesticide
Registration Improvement Act of 2003”.

(b) REGISTRATION REQUIREMENTS FOR ANTIMICROBIAL PESTICIDES.—Section
3(h) of the Federal Insecticide, Fungicide, and Rodenticide Act (7
U.S.C. 136a(h)) is amended—  

(1) in paragraph (2)(F), by striking “90 to 180 days”and inserting
“120 days”; and

(2) in paragraph (3)

(A) in subparagraph (D)(vi), by striking “240 days” and inserting
“120 days”; and

(B) in subparagraph (F), by adding at the end the following:

“(iv) LIMITATION.—Notwithstanding clause (ii), the failure of the
Administrator to notify an applicant for an amendment to a registration
for an antimicrobial pesticide shall not be judicially reviewable in a
Federal or State court if the amendment requires scientific review of
data within—

“(I) the time period specified in subparagraph (D)(vi), in the absence
of a final regulation under subparagraph (B); or

“(II) the time period specified in paragraph (2)(F), if adopted in a
final regulation under subparagraph (B).”.

(c) MAINTENANCE FEES.—(1) AMOUNTS FOR REGISTRANTS.—Section 4(i)(5)
of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.
136a–1(i)(5)) is amended—

(A) in subparagraph (A)—

(i) by striking “(A) Subject” and inserting the following:

“(A) IN GENERAL.—Subject”; and

(ii) by striking “of—” and all that follows through “additional
registration” and inserting “for each registration”;

(B) in subparagraph (D)—

(i) by striking “(D) The” and inserting the following:

“(D) MAXIMUM AMOUNT OF FEES FOR REGISTRANTS.—

The”;

(ii) in clause (i), by striking “shall be $55,000; and” and
inserting 

“shall be—

“(I) for fiscal year 2004, $84,000;

“(II) for each of fiscal years 2005 and 2006, $87,000;

“(III) for fiscal year 2007, $68,000; and

“(IV) for fiscal year 2008, $55,000; and”; and

(iii) in clause (ii), by striking ‘‘shall be $95,000.” and
inserting “shall be—

“(I) for fiscal year 2004, $145,000;

“(II) for each of fiscal years 2005 and 2006, $151,000;

“(III) for fiscal year 2007, $117,000; and

“(IV) for fiscal year 2008, $95,000.”; and

(C) in subparagraph (E)—

(i) by striking “(E)(i) For’’ and inserting the following:

“(E) MAXIMUM AMOUNT OF FEES FOR SMALL BUSINESSES.—

“(i) IN GENERAL.—For”;

(ii) by indenting the margins of subclauses (I) and (II) of clause (i)
appropriately; and

(iii) in clause (i)—

(I) subclause (I), by striking “shall be $38,500; and” and inserting
“shall be—

“(aa) for fiscal year 2004, $59,000;

“(bb) for each of fiscal years 2005 and 2006, $61,000;

“(cc) for fiscal year 2007, $48,000; and

“(dd) for fiscal year 2008, $38,500; and”; and

(II) in subclause (II), by striking “shall be $66,500.” and
inserting “shall be—

“(aa) for fiscal year 2004, $102,000;

“(bb) for each of fiscal years 2005 and 2006, $106,000;

“(cc) for fiscal year 2007, $82,000; and

“(dd) for fiscal year 2008, $66,500.”.

(2) TOTAL AMOUNT OF FEES.—Section 4(i)(5)(C) of the Federal
Insecticide, Fungicide, and Rodenticide Act (7
U.S.C.136(a)–1(i)(5)(C)) is amended—

(A) by striking “(C)(i) The” and inserting the following:

“(C) TOTAL AMOUNT OF FEES.—The”; and

(B) by striking “aggregate amount” and all that follows through
clause (ii) and inserting “aggregate amount of—

“(i) for fiscal year 2004, $26,000,000;

“(ii) for fiscal year 2005, $27,000,000;

“(iii) for fiscal year 2006, $27,000,000;

“(iv) for fiscal year 2007, $21,000,000; and

“(v) for fiscal year 2008, $15,000,000.”.

(3) DEFINITION OF SMALL BUSINESS.—Section 4(i)(5)(E)(ii) of the
Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.
136a–1(i)(5)(E)(ii)) is amended—

(A) by redesignating subclauses (I) and (II) as items (aa) and (bb),
respectively, and indenting the margins appropriately;

(B) by striking ‘‘(ii) For purposes of’’ and inserting the
following:

“(ii) DEFINITION OF SMALL BUSINESS.—

“(I) IN GENERAL.—In”;

(C) in item (aa) (as so redesignated), by striking “150” and
inserting “500”;

(D) in item (bb) (as so redesignated), by striking “gross revenue from
chemicals that did not exceed $40,000,000.” and inserting “global
gross revenue from pesticides that did not exceed $60,000,000.”; and

(E) by adding at the end the following:

“(II) AFFILIATES.—

“(aa) IN GENERAL.—In the case of a business entity with 1 or more
affiliates, the gross revenue limit under subclause (I)(bb) shall apply
to the gross revenue for the entity and all of the affiliates of the
entity, including parents and subsidiaries, if applicable.

“(bb) AFFILIATED PERSONS.—For the purpose of item (aa), persons are
affiliates of each other if, directly or indirectly, either person
controls or has the power to control the other person, or a third person
controls or has the power to control both persons.

“(cc) INDICIA OF CONTROL.—For the purpose of item (aa), indicia of
control include interlocking management or ownership, identity of
interests among family members, shared facilities and equipment, and
common use of employees.”.

(4) EXTENSION OF AUTHORITY FOR COLLECTING MAINTENANCE

FEES.—Section 4(i)(5)(H) of the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136a–1(i)(5)(H)) is amended by striking
“2003” and inserting “2008”.

(5) REREGISTRATION AND OTHER ACTIVITIES.—Section 4(g)(2) of the
Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C.
136a–1(g)(2)) is amended—

(A) by striking subparagraph (A) and inserting the following:

“(A) IN GENERAL.—The Administrator shall make a determination as to
eligibility for reregistration—

“(i) for all active ingredients subject to reregistration under this
section for which tolerances or exemptions from tolerances are required
under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.),
not later than the last date for tolerance reassessment established
under section 408(q)(1)(C) of that Act (21 U.S.C. 346a(q)(1)(C)); and 

“(ii) for all other active ingredients subject to reregistration under
this section, not later than October 3, 2008.”;

(B) in subparagraph (B)— 

(i) by striking “(B) Before” and inserting the following:

“(B) PRODUCT-SPECIFIC DATA.—

“(i) IN GENERAL.—Before”;

(ii) by striking “The Administrator” and inserting the following:

“(ii) TIMING.—

“(I) IN GENERAL.—Subject to subclause (II), the Administrator”;
and

(iii) by adding at the end the following:

“(II) EXTRAORDINARY CIRCUMSTANCES.—In the case of extraordinary
circumstances, the Administrator may provide such a longer period, of
not more than 2 additional years, for submission of data to the
Administrator under this subparagraph.”; and

(C) in subparagraph (D)—

(i) by striking “(D) If” and inserting the following:

“(D) DETERMINATION TO NOT REREGISTER.—

“(i) IN GENERAL.—If”; and

(ii) by adding at the end the following:

“(ii) TIMING FOR REGULATORY ACTION.—Regulatory action under clause
(i) shall be completed as expeditiously as possible.”.

(d) OTHER FEES.—

(1) IN GENERAL.—Section 4(i)(6) of the Federal Insecticide, Fungicide,
and Rodenticide Act (7 U.S.C. 136a–1(i)(6)) is amended—

(A) by striking “During” and inserting “Except as provided in
section 33, during”; and

(B) by striking “2003” and inserting “2010”.

(2) TOLERANCE FEES.—Notwithstanding section 408(m)(1) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 346a(m)(1)), during the period
beginning on the effective date of this section and ending on September
30, 2008, the Administrator of the Environmental Protection Agency shall
not collect any tolerance fees under that section.

(e) EXPEDITED PROCESSING OF SIMILAR APPLICATIONS.—Section 4(k)(3) of
the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.
136a–1(k)(3)) is amended—

(1) in the paragraph heading, by striking “EXPEDITED” and inserting
“REVIEW OF INERT INGREDIENTS; EXPEDITED”; and

(2) in subparagraph (A)—

(A) by striking “1997” and all that follows through “of the
maintenance fees” and inserting “2004 through 2006, approximately
$3,300,000, and for each of fiscal years 2007 and 2008, between 18 and
17, of the maintenance fees”;

(B) by redesignating clauses (i), (ii), and (iii) as subclauses (I),
(II) and (III), respectively, and indenting appropriately; and

(C) by striking “resources to assure the expedited processing and
review of any application that” and inserting “resources—

“(i) to review and evaluate new inert ingredients; and

“(ii) to ensure the expedited processing and review of any application
that—”.

(f) PESTICIDE REGISTRATION SERVICE FEES.—The Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136a et seq.) is amended—

(1) by redesignating sections 33 and 34 (7 U.S.C. 136x, 136y) as
sections 34 and 35, respectively; and

(2) by inserting after section 32 (7 U.S.C. 136w–7) the following:

“SEC. 33. PESTICIDE REGISTRATION SERVICE FEES.

“(a) DEFINITION OF COSTS.—In this section, the term ‘costs’,
when used with respect to review and decisionmaking pertaining to an
application for which registration service fees are paid under this
section, means—

“(1) costs to the extent that—

“(A) officers and employees provide direct support for the review and
decisionmaking for covered pesticide applications, associated
tolerances, and corresponding risk and benefits information and
analyses; 

“(B) persons and organizations under contract with the Administrator
engage in the review of the applications, and corresponding risk and
benefits information and assessments; and

“(C) advisory committees and other accredited persons  or
organizations, on the request of the Administrator, engage in the peer
review of risk or benefits information associated with covered pesticide
applications;  

“(2) costs of management of information, and the acquisition,
maintenance, and repair of computer and telecommunication resources
(including software), used to support review of pesticide applications,
associated tolerances, and corresponding risk and benefits information
and analyses; and 

“(3) costs of collecting registration service fees under subsections
(b) and (c) and reporting, auditing, and accounting under this section.

“(b) FEES.—

“(1) IN GENERAL.—Effective beginning on the effective date of the
Pesticide Registration Improvement Act of 2003 [March 23, 2004], the
Administrator shall assess and collect covered pesticide registration
service fees in accordance with this section. 

“(2) COVERED PESTICIDE REGISTRATION APPLICATIONS.—

“(A) IN GENERAL.—An application for the registration of a pesticide
covered by this Act that is received by the Administrator on or after
the effective date of the Pesticide Registration Improvement Act of 2003
[March 23, 2004] shall be subject to a registration service fee under
this section. 

“(B) EXISTING APPLICATIONS.—

“(i) IN GENERAL.—Subject to clause (ii), an application for the
registration of a pesticide that was submitted to the Administrator
before the effective date of the Pesticide Registration Improvement Act
of 2003 [March 23, 2004] and is pending on that effective date shall be
subject to a service fee under this section if the application is for
the registration of a new active ingredient that is not listed in the
Registration Division 2003 Work Plan of the Office of Pesticide Programs
of the Environmental Protection Agency. 

“(ii) TOLERANCE OR EXEMPTION FEES.—The amount of any fee otherwise
payable for an application described in clause (i) under this section
shall be reduced by the amount of any fees paid to support the related
petition for a pesticide tolerance or exemption under the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 301 et seq.). 

“(C) DOCUMENTATION.—An application subject to a registration service
fee under this section shall be submitted with documentation
certifying— 

“(i) payment of the registration service fee; or 

“(ii) a request for a waiver from or reduction of the registration
service fee. 

“(3) SCHEDULE OF COVERED APPLICATIONS AND REGISTRATION SERVICE
FEES.—

“(A) IN GENERAL.—Not later than 30 days after the effective date of
the Pesticide Registration Improvement Act of 2003 [March 23, 2004], the
Administrator shall publish in the Federal Register a schedule of
covered pesticide registration applications and corresponding
registration service fees.

“(B) REPORT.—Subject to paragraph (6), the schedule shall be the
same as the applicable schedule appearing in the Congressional Record on
pages S11631 through S11633, dated September 17, 2003.

“(4) PENDING PESTICIDE REGISTRATION APPLICATIONS.—

“(A) IN GENERAL.—An applicant that submitted a registration
application to the Administrator before the effective date of the
Pesticide Registration Improvement Act of 2003 [March 23, 2004], but
that is not required to pay a registration service fee under paragraph
(2)(B), may, on a voluntary basis, pay a registration service fee in
accordance with paragraph (2)(B).

“(B) VOLUNTARY FEE.—The Administrator may not compel payment of a
registration service fee for an application described in subparagraph
(A).

“(C) DOCUMENTATION.—An application for which a voluntary
registration service fee is paid under this paragraph shall be submitted
with documentation certifying—

“(i) payment of the registration service fee; or 

“(ii) a request for a waiver from or reduction of the registration
service fee.

“(5) RESUBMISSION OF PESTICIDE REGISTRATION APPLICATIONS.—If a
pesticide registration application is submitted by a person that paid
the fee for the application under paragraph (2), is determined by the
Administrator to be complete, and is not approved or is withdrawn
(without a waiver or refund), the submission of the same pesticide
registration application by the same person (or a licensee, assignee, or
successor of the person) shall not be subject to a fee under paragraph
(2).

“(6) FEE ADJUSTMENT.—Effective for a covered pesticide registration
application received on or after October 1, 2005, the Administrator
shall—

“(A) increase by 5 percent the service fee payable for the application
under paragraph (3); and

“(B) publish in the Federal Register the revised registration service
fee schedule.

“(7) WAIVERS AND REDUCTIONS.—

“(A) IN GENERAL.—An applicant for a covered pesticide registration
may request the Administrator to waive or reduce the amount of a
registration service fee payable under this section under the
circumstances described in subparagraphs (D) through (G).

“(B) DOCUMENTATION.—

“(i) IN GENERAL.—A request for a waiver from or reduction of the
registration service fee shall be accompanied by appropriate
documentation demonstrating the basis for the waiver or reduction. 

“(ii) CERTIFICATION.—The applicant shall provide to the
Administrator a written certification, signed by a responsible officer,
that the documentation submitted to support the waiver or reduction
request is accurate.

“(iii) INACCURATE DOCUMENTATION.—An application shall be subject to
the applicable registration service fee payable under paragraph (3) if,
at any time, the Administrator determines  that—

“(I) the documentation supporting the waiver or reduction request is
not accurate; or

“(II) based on the documentation or any other information, the waiver
or reduction should not have been granted or should not be granted. 

“(C) DETERMINATION TO GRANT OR DENY REQUEST.—As soon as
practicable, but not later than 60 days, after the date on which the
Administrator receives a request for a waiver or reduction of a
registration service fee under this paragraph, the Administrator
shall—

“(i) determine whether to grant or deny the request; and 

“(ii) notify the applicant of the determination.

“(D) MINOR USES.—

“(i) IN GENERAL.—The Administrator may waive or reduce a
registration service fee for an application for minor uses for a
pesticide.

“(ii) SUPPORTING DOCUMENTATION.—An applicant requesting a waiver
under this subparagraph shall provide supporting documentation that
demonstrates, to the satisfaction of the Administrator, that anticipated
revenues from the uses that are the subject of the application would be
insufficient to justify imposition of the full application fee.

“(E) IR–4 WAIVER.—The Administrator shall waive the registration
service fee for an application if the Administrator determines that—

“(i) the application is solely associated with a tolerance petition
submitted in connection with the Inter-Regional Project Number 4
(IR–4) as described in section 2 of Public Law 89–106 (7 U.S.C.
450i(e)); and 

“(ii) the waiver is in the public interest. 

“(F) SMALL BUSINESSES.—

“(i) IN GENERAL.—The Administrator shall waive 50 percent of the
registration service fees payable by an entity for a covered pesticide
registration application under this section if the entity is a small
business (as defined in section 4(i)(5)(E)(ii)) at the time of
application.

“(ii) WAIVER OF FEES.—The Administrator shall waive all of the
registration service fees payable by an entity under this section if the
entity—

“(I) is a small business (as defined in section 4(i)(5)(E)(ii)) at the
time of application; and 

“(II) has average annual global gross revenues described in section
4(i)(5)(E)(ii)(I)(bb) that does not exceed $10,000,000, at the time of
application. 

“(iii) FORMATION FOR WAIVER.—The Administrator shall not grant a
waiver under this subparagraph if the Administrator determines that the
entity submitting the application has been formed or manipulated
primarily for the purpose of qualifying for the waiver.

“(iv) DOCUMENTATION.—An entity requesting a waiver under this
subparagraph shall provide to the Administrator—

“(I) documentation demonstrating that the entity is a small business
(as defined in section 4(i)(5)(E)(ii)) at the time of application; and 

“(II) if the entity is requesting a waiver of all registration
service fees payable under this section, documentation demonstrating
that the entity has an average annual global gross revenues described in
section 4(i)(5)(E)(ii)(I)(bb) that does not exceed $10,000,000, at the
time of application.

“(G) FEDERAL AND STATE AGENCY EXEMPTIONS.—An agency of the Federal
Government or a State government shall be exempt from covered
registration service fees under this section. 

“(8) REFUNDS.—

“(A) EARLY WITHDRAWALS.—If, during the first 60 days after the
beginning of the applicable decision time review period under subsection
(f)(3), a covered pesticide registration application is withdrawn by the
applicant, the Administrator shall refund all but 10 percent of the
total registration service fee payable under paragraph (3) for the
application. 

“(B) WITHDRAWALS AFTER THE FIRST 60 DAYS OF DECISION REVIEW TIME
PERIOD.—

“(i) IN GENERAL.—If a covered pesticide registration application is
withdrawn after the first 60 days of the applicable decision time review
period, the Administrator shall determine what portion, if any, of the
total registration service fee payable under paragraph (3) for the
application may be refunded based on the proportion of the work
completed at the time of withdrawal. 

“(ii) TIMING.—The Administrator shall—

“(I) make the determination described in clause (i) not later than 90
days after the date the application is withdrawn; and

“(II) provide any refund as soon as practicable after the
determination.

“(C) DISCRETIONARY REFUNDS.—

“(i) IN GENERAL.—In the case of a pesticide registration application
that has been filed with the Administrator and has not been withdrawn by
the applicant, but for which the Administrator has not yet made a final
determination, the Administrator may refund a portion of a covered
registration service fee if the Administrator determines that the refund
is justified.

“(ii) BASIS.—The Administrator may provide a refund for an
application under this subparagraph— 

“(I) on the basis that, in reviewing the application, the
Administrator has considered data submitted in support of another
pesticide registration application; or

“(II) on the basis that the Administrator completed portions of the
review of the application before the effective date of this section.

“(D) CREDITED FEES.—In determining whether to grant a refund under
this paragraph, the Administrator shall take into account any portion of
the registration service fees credited under paragraph (2) or (4).

“(c) PESTICIDE REGISTRATION FUND.—

“(1) ESTABLISHMENT.—There is established in the Treasury of the
United States a Pesticide Registration Fund to be used in carrying out
this section (referred to in this section as the ‘Fund’), consisting
of—

“(A) such amounts as are deposited in the Fund under paragraph (2);

“(B) any interest earned on investment of amounts in the Fund under
paragraph

(4); and

“(C) any proceeds from the sale or redemption of investments held in
the Fund.

“(2) DEPOSITS IN FUND.—Subject to paragraph (4), the Administrator
shall deposit fees collected under this section in the Fund.

“(3) EXPENDITURES FROM FUND.—

“(A) IN GENERAL.—Subject to subparagraphs (B) and (C) and paragraph
(4), the Administrator may make expenditures from the Fund—

“(i) to cover the costs associated with the review and decisionmaking
pertaining to all applications for which registration service fees have
been paid under this section; and 

“(ii) to otherwise carry out this section.

“(B) WORKER PROTECTION.—For each of fiscal years 2004 through 2008,
the Administrator shall use approximately 1/17 of the amount in the Fund
(but not more than $1,000,000, and not less than $750,000, for any
fiscal year) to enhance current scientific and regulatory activities
related to worker protection.

“(C) NEW INERT INGREDIENTS.—For each of fiscal years 2004 and 2005,
the Administrator shall use approximately 1/34 of the amount in the Fund
(but not to exceed $500,000 for any fiscal year) for the review and
evaluation of new inert ingredients.

“(4) COLLECTIONS AND APPROPRIATIONS ACTS.—The fees authorized by
this section and amounts deposited in the Fund— 

“(A) shall be collected and made available for obligation only to the
extent provided in advance in appropriations Acts; and 

“(B) shall be available without fiscal year limitation.

“(5) UNUSED FUNDS.—Amounts in the Fund not currently needed to carry
out this section shall be—

“(A) maintained readily available or on deposit; 

“(B) invested in obligations of the United States or guaranteed by the
United

States; or

“(C) invested in obligations, participations, or other instruments
that are lawful investments for fiduciary, trust, or public funds. 

“(d) ASSESSMENT OF FEES.—

“(1) DEFINITION OF COVERED FUNCTIONS.—In this subsection, the term
‘covered functions’ means functions of the Office of Pesticide
Programs of the Environmental Protection Agency, as identified in key
programs and projects of the final operating plan for the Environmental
Protection Agency submitted as part of the budget process for fiscal
year 2002, regardless of any subsequent transfer of 1 or more of the
functions to another office or agency or the subsequent transfer of a
new function to the Office of Pesticide Programs.

“(2) MINIMUM AMOUNT OF APPROPRIATIONS.—For fiscal years 2004, 2005,
and 2006 only, registration service fees may not be assessed for a
fiscal year under this section unless the amount of appropriations for
salaries, contracts, and expenses for the functions (as in existence in
fiscal year 2002) of the Office of Pesticide Programs of the
Environmental Protection Agency for the fiscal year (excluding the
amount of any fees appropriated for the fiscal year) are equal to or
greater than the amount of appropriations for covered functions for
fiscal year 2002 (excluding the amount of any fees appropriated for the
fiscal year).

“(3) USE OF FEES.—Registration service fees authorized by this
section shall be available, in the aggregate, only to defray increases
in the costs associated with the review and decisionmaking for the
review of pesticide registration applications and associated tolerances
(including increases in the number of full-time equivalent positions in
the Environmental Protection Agency engaged in those activities) over
the costs for fiscal year 2002, excluding costs paid from fees
appropriated for the fiscal year.

“(4) COMPLIANCE.—The requirements of paragraph (2) shall have been
considered to have been met for any fiscal year if the amount of
appropriations for salaries, contracts, and expenses for the functions
(as in existence in fiscal year 2002) of the Office of Pesticide
Programs of the Environmental Protection Agency for the fiscal year
(excluding the amount of any fees appropriated for the fiscal year) is
not more than 3 percent below the amount of appropriations for covered
functions for fiscal year 2002 (excluding the amount of any fees
appropriated for the fiscal year).

“(5) SUBSEQUENT AUTHORITY.—If the Administrator does not assess
registration service fees under subsection (b) during any portion of a
fiscal year as the result of paragraph (2) and is subsequently permitted
to assess the fees under subsection (b) during the fiscal year, the
Administrator shall assess and collect the fees, without any
modification in rate, at any time during the fiscal year,
notwithstanding any provisions of subsection (b) relating to the date
fees are to be paid. 

“(e) REFORMS TO REDUCE DECISION TIME REVIEW PERIODS.—To the maximum
extent practicable consistent with the degrees of risk presented by
pesticides  and the type of review appropriate to evaluate risks, the
Administrator shall identify and evaluate reforms to the pesticide
registration process under this Act with  the goal of reducing decision
review periods in effect on the effective date of the Pesticide
Registration Improvement Act of 2003 [March 23, 2004] for pesticide
registration actions for covered pesticide registration applications
(including reduced risk applications). 

“(f) DECISION TIME REVIEW PERIODS.—

“(1) IN GENERAL.—Not later than 30 days after the effective date of
the Pesticide Registration Improvement Act of 2003 [March 23, 2004], the
Administrator shall publish in the Federal Register a schedule of
decision review periods for covered pesticide registration actions and
corresponding registration service fees under this Act.

“(2) REPORT.—The schedule shall be the same as the applicable
schedule appearing in the Congressional Record on pages S11631 through
S11633, dated September 17, 2003. 

“(3) APPLICATIONS SUBJECT TO DECISION TIME REVIEW PERIODS.—The
decision time review periods specified in paragraph (1) shall apply
to—

“(A) covered pesticide registration applications subject to
registration service fees under subsection (b)(2);

“(B) covered pesticide registration applications for which an
applicant has voluntarily paid registration service fees under
subsection (b)(4); and 

“(C) covered pesticide registration applications listed in the
Registration Division 2003 Work Plan of the Office of Pesticide Programs
of the Environmental Protection Agency.

“(4) START OF DECISION TIME REVIEW PERIOD.—

“(A) IN GENERAL.—Except as provided in subparagraphs (C), (D), and
(E), in the case of a pesticide registration application accompanied by
the registration service fee required under this section, the decision
time review period begins 21 days after the date on which the
Administrator receives the covered pesticide registration application. 

“(B) COMPLETENESS OF APPLICATION.—In conducting an initial screening
of an application, the Administrator shall determine—

“(i) whether—

“(I) the applicable registration service fee has been paid; or

“(II) the application contains a waiver or refund request; and

“(ii) whether the application—

“(I) contains all necessary forms, data, draft labeling, and,
documentation certifying payment of any registration service fee
required under this section; or

“(II) establishes a basis for any requested waiver or reduction. 

“(C) APPLICATIONS WITH WAIVER OR REDUCTION REQUESTS.—

“(i) IN GENERAL.—In the case of an application submitted with a
request for a waiver or reduction of registration service fees under
subsection (b)(7), the decision time review period shall be determined
in accordance with this subparagraph.

“(ii) REQUEST GRANTED WITH NO ADDITIONAL FEES REQUIRED.—If the
Administrator grants the waiver or reduction request and no additional
fee is required, the decision time review period begins on the earlier
of—

“(I) the date on which the Administrator grants the request; or 

“(II) the date that is 60 days after the date of receipt of the
application.

“(iii) REQUEST GRANTED WITH ADDITIONAL FEES REQUIRED.—If the
Administrator grants the waiver or reduction request, in whole or in
part, but an additional registration service fee is required, the
decision time review period begins on the date on which the
Administrator receives certification of payment of the applicable
registration service fee.

“(iv) REQUEST DENIED.—If the Administrator denies the waiver or
reduction request, the decision time review period begins on the date on
which the Administrator receives certification of payment of the
applicable registration service fee.

“(D) PENDING APPLICATIONS.—

“(i) IN GENERAL.—The start of the decision time review period for
applications described in clause (ii) shall be the date on which the
Administrator receives certification of payment of the applicable
registration service fee.

“(ii) APPLICATIONS.—Clause (i) applies to—

“(I) covered pesticide registration applications for which voluntary
fees have been paid under subsection (b)(4); and 

“(II) covered pesticide registration applications received on or
after the effective date of the Pesticide Registration Improvement Act
of 2003 [March 23, 2004] but submitted without the applicable
registration service fee required under this section due to the
inability of the Administrator to assess fees under subsection (d)(1).

“(E) 2003 WORK PLAN.—In the case of a covered pesticide registration
application listed in the Registration Division 2003 Work Plan of the
Office of Pesticide Programs of the Environmental Protection Agency, the
decision time review period begins on the date that is 30 days after the
effective date of the Pesticide Registration Improvement Act of 2003
[March 23, 2004].

“(5) EXTENSION OF DECISION TIME REVIEW PERIOD.—The Administrator and
the applicant may mutually agree in writing to extend a decision time
review period under this subsection. 

“(g) JUDICIAL REVIEW.—

“(1) IN GENERAL.—Any applicant adversely affected by the failure of
the Administrator to make a determination on the application of the
applicant for registration of a new active ingredient or new use for
which a registration service fee is paid under this section may obtain
judicial review of the failure solely under this section. 

“(2) SCOPE.— 

“(A) IN GENERAL.—In an action brought under this subsection, the
only issue on review is whether the Administrator failed to make a
determination on the application specified in paragraph (1) by the end
of the applicable decision time review period required under subsection
(f) for the application.

“(B) OTHER ACTIONS.—No other action authorized or required under
this section shall be judicially reviewable by a Federal or State court.


“(3) TIMING.—

“(A) IN GENERAL.—A person may not obtain judicial review of the
failure of the Administrator to make a determination on the application
specified in paragraph (1) before the expiration of the 2-year period
that begins on the date on which the decision time review period for the
application ends.

“(B) MEETING WITH ADMINISTRATOR.—To be eligible to seek judicial
review under this subsection, a person seeking the review shall first
request in writing, at least 120 days before filing the complaint for
judicial review, a decision review meeting with the Administrator. 

“(4) REMEDIES.—The Administrator may not be required or permitted to
refund any portion of a registration service fee paid in response to a
complaint that the Administrator has failed to make a determination on
the covered pesticide registration application specified in paragraph
(1) by the end of the applicable decision review period.

“(h) ACCOUNTING.—The Administrator shall—

“(1) provide an annual accounting of the registration service fees
paid to the Administrator and disbursed from the Fund, by providing
financial statements in accordance with—

“(A) the Chief Financial Officers Act of 1990 (Public Law 101–576;
104 Stat. 2838) and amendments made by that Act; and

“(B) the Government Management Reform Act of 1994 (Public Law
103–356; 108 Stat. 3410) and amendments made by that Act;

“(2) provide an accounting describing expenditures from the Fund
authorized under subsection (c); and

“(3) provide an annual accounting describing collections and
expenditures authorized under subsection (d).

“(i) AUDITING.—

“(1) FINANCIAL STATEMENTS OF AGENCIES.—For the purpose of section
3515(c) of title 31, United States Code, the Fund shall be considered a
component of an executive agency. 

“(2) COMPONENTS.—The annual audit required under sections 3515(b)
and 3521 of that title of the financial statements of activities under
this section shall include an analysis of— 

“(A) the fees collected under subsection (b) and disbursed;

“(B) compliance with subsection (f);

“(C) the amount appropriated to meet the requirements of subsection
(d)(1); and

“(D) the reasonableness of the allocation of the overhead allocation
of costs associated with the review and decisionmaking pertaining to
applications under this section.

“(3) INSPECTOR GENERAL.—The Inspector General of the Environmental
Protection Agency shall—

“(A) conduct the annual audit required under this subsection; and

“(B) report the findings and recommendations of the audit to the
Administrator and to the appropriate committees of Congress.

“(j) PERSONNEL LEVELS.—All full-time equivalent positions supported
by fees authorized and collected under this section shall not be counted
against the agency-wide personnel level goals of the Environmental
Protection Agency.

“(k) REPORTS.—

“(1) IN GENERAL.—Not later than March 1, 2005, and each March 1
thereafter through March 1, 2009, the Administrator shall publish an
annual report describing actions taken under this section.

“(2) CONTENTS.—The report shall include— 

“(A) a review of the progress made in carrying out each requirement of
subsections (e) and (f), including—

“(i) the number of applications reviewed, including the decision times
for each application specified in subsection (f);

“(ii) the number of actions pending in each category of actions
described in subsection (f)(3), as well as the number of inert
ingredients;

“(iii) to the extent determined appropriate by the Administrator and
consistent with the authorities of the Administrator and limitations on
delegation of functions by the Administrator, recommendations for—

“(I) expanding the use of self-certification in all appropriate areas
of the registration process;

“(II) providing for accreditation of outside reviewers and the use of
outside reviewers to conduct the review of major portions of
applications; and

“(III) reviewing the scope of use of the notification process to
cover broader categories of registration actions; and

“(iv) the use of performance-based contracts, other contracts, and
procurement to ensure that—

“(I) the goals of this Act for the timely review of applications for
registration are met; and

“(II) the registration program is administered in the most productive
and cost effective manner practicable;

“(B) a description of the staffing and resources relating to the costs
associated with the review and decisionmaking pertaining to
applications; and

“(C) a review of the progress in meeting the timeline requirements of
section 4(g).

“(3) METHOD.—The Administrator shall publish a report required by
this subsection by such method as the Administrator determines to be the
most effective for efficiently disseminating the report, including
publication of the report on the Internet site of the Environmental
Protection Agency.

“(l) SAVINGS CLAUSE.—Nothing in this section affects any other
duties, obligations, or authorities established by any other section of
this Act, including the right to judicial review of duties, obligations,
or authorities established by any other section of this Act.

“(m) TERMINATION OF EFFECTIVENESS.—

“(1) IN GENERAL.—Except as provided in paragraph (2), the authority
provided by this section terminates on September 30, 2008.

“(2) PHASE OUT.—

“(A) FISCAL YEAR 2009.—During fiscal year 2009, the requirement to
pay and collect registration service fees applies, except that the level
of registration service fees payable under this section shall be reduced
40 percent below the level in effect on September 30, 2008. 

“(B) FISCAL YEAR 2010.—During fiscal year 2010, the requirement to
pay and collect registration service fees applies, except that the level
of registration service fees payable under this section shall be reduced
70 percent below the level in effect on September 30, 2008. 

“(C) SEPTEMBER 30, 2010.—Effective September 30, 2010, the
requirement to pay and collect registration service fees terminates.

“(D) DECISION REVIEW PERIODS.—

“(i) PENDING APPLICATIONS.—In the case of an application received
under this section before September 30, 2008, the application shall be
reviewed in accordance with subsection (f).

“(ii) NEW APPLICATIONS.—In the case of an application received under
this section on or after September 30, 2008, subsection (f) shall not
apply to the application.”. 

(g) CONFORMING AMENDMENTS.—The table of contents in section 1(b) of
the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. prec.
136) is amended—

(1) by striking the item relating to section 4(k)(3) and inserting the
following: 

“(3) Review of inert ingredients; expedited processing of similar
applications.”; 

and

(2) by striking the items relating to sections 30 and 31 and inserting
the following:

“Sec. 30. Minimum requirements for training of maintenance applicators
and service technicians.

“Sec. 31. Environmental Protection Agency minor use program.

“Sec. 32. Department of Agriculture minor use program.

“(a) In general.

“(b)(1) Minor use pesticide data.

“(2) Minor Use Pesticide Data Revolving Fund.

“Sec. 33. Pesticide registration service fees.

“(a) Definition of costs.

“(b) Fees.

“(1) In general.

“(2) Covered pesticide registration applications.

“(3) Schedule of covered applications and registration service fees.

“(4) Pending pesticide registration applications.

“(5) Resubmission of pesticide registration applications.

“(6) Fee adjustment.

“(7) Waivers and reductions.

“(8) Refunds.

“(c) Pesticide Registration Fund.

“(1) Establishment.

“(2) Transfers to Fund.

“(3) Expenditures from Fund.

“(4) Collections and appropriations Acts.

“(5) Unused funds.

“(d) Assessment of fees.

“(1) Definition of covered functions.

“(2) Minimum amount of appropriations.

“(3) Use of fees.

“(4) Compliance.

“(5) Subsequent authority.

“(e) Reforms to reduce decision time review periods.

“(f) Decision time review periods.

“(1) In general.

“(2) Report.

“(3) Applications subject to decision time review periods.

“(4) Start of decision time review period.

“(5) Extension of decision time review period.

“(g) Judicial review.

“(1) In general.

“(2) Scope.

“(3) Timing.

“(4) Remedies.

“(h) Accounting.

“(i) Auditing.

“(1) Financial statements of agencies.

“(2) Components.

“(3) Inspector General.

“(j) Personnel levels.

“(k) Reports.

“(1) In general.

“(2) Contents.

“(l) Savings clause.

“(m) Termination of effectiveness.

“(1) In general.

“(2) Phase out.

“Sec. 34. Severability.

“Sec. 35. Authorization for appropriations.”.

(h) EFFECTIVE DATE.—Except as otherwise provided in this section and
the amendments made by this section, this section and the amendments
made by this section take effect on the date that is 60 days after the
date of enactment of this Act [March 23, 2004]. This division may be
cited as the ‘‘Departments of Veterans Affairs and Housing and Urban
Development, and Independent Agencies Appropriations Act, 2004".

