II 

108TH CONGRESS 

1ST SESSION S. 1664

To amend the Federal Insecticide, Fungicide, and Rodenticide Act to provide 

for the enhanced review of covered pesticide products, to authorize fees 

for certain pesticide products, and to extend and improve the collection 

of maintenance fees. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 25, 2003

Mr. COCHRAN (for himself, Mr. HARKIN, Mr. ROBERTS, Mr. CRAIG, Mr. 

CRAPO, Mr. CHAMBLISS, Mr. MILLER, Mr. COLEMAN, Mr. NELSON of 

Nebraska, Mr. KOHL, Mr. TALENT, Mr. LUGAR, Mr. CONRAD, Ms. 

LANDRIEU, and Mr. BREAUX) introduced the following bill; which was 

read twice and referred to the Committee on Agriculture, Nutrition, and 

Forestry 

A BILL

To amend the Federal Insecticide, Fungicide, and 

Rodenticide Act to provide for the enhanced review of 

covered pesticide products, to authorize fees for certain 

pesticide products, and to extend and improve the collection of maintenance fees.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. PESTICIDE REGISTRATION. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Pesticide Registration Improvement Act of 2003’’. 
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1 (b) REGISTRATION REQUIREMENTS FOR ANTI2 MICROBIAL PESTICIDES.—Section 3(h) of the Federal In3 secticide, Fungicide, and Rodenticide Act (7 U.S.C. 

4 136a(h)) is amended—

5 (1) in paragraph (2)(F), by striking ‘‘90 to 180 

6 days’’ and inserting ‘‘120 days’’; and 

7 (2) in paragraph (3)—

8 (A) in subparagraph (D)(vi), by striking 

9 ‘‘240 days’’ and inserting ‘‘120 days’’; and 

10 (B) in subparagraph (F), by adding at the 

11 end the following: 

12 ‘‘(iv) LIMITATION.—Notwithstanding 

13 clause (ii), the failure of the Administrator 

14 to notify an applicant for an amendment to 

15 a registration for an antimicrobial pesticide 

16 shall not be judicially reviewable in a Fed17 eral or State court if the amendment re18 quires scientific review of data within—

19 ‘‘(I) the time period specified in 

20 subparagraph (D)(vi), in the absence 

21 of a final regulation under subpara22 graph (B); or 

23 ‘‘(II) the time period specified in 

24 paragraph (2)(F), if adopted in a 
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1 final regulation under subparagraph 

2 (B).’’. 

3 (c) MAINTENANCE FEES.—

4 (1) AMOUNTS FOR REGISTRANTS.—Section 

5 4(i)(5) of the Federal Insecticide, Fungicide, and 

6 Rodenticide Act (7 U.S.C. 136a–1(i)(5)) is amend7 ed—

8 (A) in subparagraph (A)—

9 (i) by striking ‘‘(A) Subject’’ and in10 serting the following: 

11 ‘‘(A) IN GENERAL.—Subject’’; and 

12 (ii) by striking ‘‘of—’’ and all that 

13 follows through ‘‘additional registration’’ 

14 and inserting ‘‘for each registration’’; 

15 (B) in subparagraph (D)—

16 (i) by striking ‘‘(D) The’’ and insert17 ing the following: 

18 ‘‘(D) MAXIMUM AMOUNT OF FEES FOR

19 REGISTRANTS.—The’’; 

20 (ii) in clause (i), by striking ‘‘shall be 

21 $55,000; and’’ and inserting ‘‘shall be—

22 ‘‘(I) for fiscal year 2004, $84,000; 

23 ‘‘(II) for each of fiscal years 2005 and 

24 2006, $87,000; 
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1 ‘‘(III) for fiscal year 2007, $68,000; 

2 and 

3 ‘‘(IV) for fiscal year 2008, $55,000; 

4 and’’; and 

5 (iii) in clause (ii), by striking ‘‘shall 

6 be $95,000.’’ and inserting ‘‘shall be—

7 ‘‘(I) for fiscal year 2004, $145,000; 

8 ‘‘(II) for each of fiscal years 2005 and 

9 2006, $151,000; 

10 ‘‘(III) for fiscal year 2007, $117,000; 

11 and 

12 ‘‘(IV) for fiscal year 2008, $95,000.’’; 

13 and 

14 (C) in subparagraph (E)—

15 (i) by striking ‘‘(E)(i) For’’ and in16 serting the following: 

17 ‘‘(E) MAXIMUM AMOUNT OF FEES FOR

18 SMALL BUSINESSES.—

19 ‘‘(i) IN GENERAL.—For’’; 

20 (ii) by indenting the margins of sub21 clauses (I) and (II) of clause (i) appro22 priately; and 

23 (iii) in clause (i)—
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1 (I) subclause (I), by striking 

2 ‘‘shall be $38,500; and’’ and inserting 

3 ‘‘shall be—

4 ‘‘(aa) for fiscal year 2004, 

5 $59,000; 

6 ‘‘(bb) for each of fiscal years 

7 2005 and 2006, $61,000; 

8 ‘‘(cc) for fiscal year 2007, 

9 $48,000; and 

10 ‘‘(dd) for fiscal year 2008, 

11 $38,500; and’’; and 

12 (II) in subclause (II), by striking 

13 ‘‘shall be $66,500.’’ and inserting 

14 ‘‘shall be—

15 ‘‘(aa) for fiscal year 2004, 

16 $102,000; 

17 ‘‘(bb) for each of fiscal years 

18 2005 and 2006, $106,000; 

19 ‘‘(cc) for fiscal year 2007, 

20 $82,000; and 

21 ‘‘(dd) for fiscal year 2008, 

22 $66,500.’’. 

23 (2) TOTAL AMOUNT OF FEES.—Section 

24 4(i)(5)(C) of the Federal Insecticide, Fungicide, and 
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1 Rodenticide Act (7 U.S.C. 136(a)–1(i)(5)(C)) is 

2 amended—

3 (A) by striking ‘‘(C)(i) The’’ and inserting 

4 the following: 

5 ‘‘(C) TOTAL AMOUNT OF FEES.—The’’; 

6 and

7 (B) by striking ‘‘aggregate amount’’ and 

8 all that follows through clause (ii) and inserting 

9 ‘‘aggregate amount of—

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

11 ‘‘(ii) for fiscal year 2005, 

12 $27,000,000; 

13 ‘‘(iii) for fiscal year 2006, 

14 $27,000,000; 

15 ‘‘(iv) for fiscal year 2007, 

16 $21,000,000; and 

17 ‘‘(v) for fiscal year 2008, 

18 $15,000,000.’’. 

19 (3) DEFINITION OF SMALL BUSINESS.—Section 

20 4(i)(5)(E)(ii) of the Federal Insecticide, Fungicide, 

21 and Rodenticide Act (7 U.S.C. 136a–1(i)(5)(E)(ii)) 

22 is amended—

23 (A) by redesignating subclauses (I) and 

24 (II) as items (aa) and (bb), respectively, and in25 denting the margins appropriately; 
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1 (B) by striking ‘‘(ii) For purposes of’’ and 

2 inserting the following: 

3 ‘‘(ii) DEFINITION OF SMALL BUSI4 NESS.—

5 ‘‘(I) IN GENERAL.—In’’; 

6 (C) in item (aa) (as so redesignated), by 

7 striking ‘‘150’’ and inserting ‘‘500’’; 

8 (D) in item (bb) (as so redesignated), by 

9 striking ‘‘gross revenue from chemicals that did 

10 not exceed $40,000,000.’’ and inserting ‘‘global 

11 gross revenue from pesticides that did not ex12 ceed $60,000,000.’’; and 

13 (E) by adding at the end the following: 

14 ‘‘(II) AFFILIATES.—

15 ‘‘(aa) IN GENERAL.—In the 

16 case of a business entity with 1 

17 or more affiliates, the gross rev18 enue limit under subclause 

19 (I)(bb) shall apply to the gross 

20 revenue for the entity and all of 

21 the affiliates of the entity, includ22 ing parents and subsidiaries, if 

23 applicable. 

24 ‘‘(bb) AFFILIATED PER25 SONS.—For the purpose of item 
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1 (aa), persons are affiliates of 

2 each other if, directly or indi3 rectly, either person controls or 

4 has the power to control the 

5 other person, or a third person 

6 controls or has the power to con7 trol both persons. 

8 ‘‘(cc) INDICIA OF CON9 TROL.—For the purpose of item 

10 (aa), indicia of control include 

11 interlocking management or own12 ership, identity of interests 

13 among family members, shared 

14 facilities and equipment, and 

15 common use of employees.’’. 

16 (4) EXTENSION OF AUTHORITY FOR COL17 LECTING MAINTENANCE FEES.—Section 4(i)(5)(H) 

18 of the Federal Insecticide, Fungicide, and 

19 Rodenticide Act (7 U.S.C. 136a–1(i)(5)(H)) is 

20 amended by striking ‘‘2003’’ and inserting ‘‘2008’’. 

21 (5) REREGISTRATION AND OTHER ACTIVI22 TIES.—Section 4(g)(2) of the Federal Insecticide, 

23 Fungicide and Rodenticide Act (7 U.S.C. 136a–

24 1(g)(2)) is amended—
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1 (A) by striking subparagraph (A) and in2 serting the following: 

3 ‘‘(A) IN GENERAL.—The Administrator 

4 shall make a determination as to eligibility for 

5 reregistration—

6 ‘‘(i) for all active ingredients subject 

7 to reregistration under this section for 

8 which tolerances or exemptions from toler9 ances are required under the Federal 

10 Food, Drug, and Cosmetic Act (21 U.S.C. 

11 301 et seq.), not later than the last date 

12 for tolerance reassessment established 

13 under section 408(q)(1)(C) of that Act (21 

14 U.S.C. 346a(q)(1)(C)); and 

15 ‘‘(ii) for all other active ingredients 

16 subject to reregistration under this section, 

17 not later than October 3, 2008.’’; 

18 (B) in subparagraph (B)—

19 (i) by striking ‘‘(B) Before’’ and in20 serting the following: 

21 ‘‘(B) PRODUCT-SPECIFIC DATA.—

22 ‘‘(i) IN GENERAL.—Before’’; 

23 (ii) by striking ‘‘The Administrator’’ 

24 and inserting the following: 

25 ‘‘(ii) TIMING.—
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1 ‘‘(I) IN GENERAL.—Subject to 

2 subclause (II), the Administrator’’; 

3 and 

4 (iii) by adding at the end the fol5 lowing: 

6 ‘‘(II) EXTRAORDINARY CIR7 CUMSTANCES.—In the case of extraor8 dinary circumstances, the Adminis9 trator may provide such a longer pe10 riod, of not more than 2 additional 

11 years, for submission of data to the 

12 Administrator under this subpara13 graph.’’; and 

14 (C) in subparagraph (D)—

15 (i) by striking ‘‘(D) If’’ and inserting 

16 the following: 

17 ‘‘(D) DETERMINATION TO NOT REREG18 ISTER.—

19 ‘‘(i) IN GENERAL.—If’’; and 

20 (ii) by adding at the end the fol21 lowing: 

22 ‘‘(ii) TIMING FOR REGULATORY AC23 TION.—Regulatory action under clause (i) 

24 shall be completed as expeditiously as pos25 sible.’’. 
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•S 1664 IS 

1 (d) OTHER FEES.—

2 (1) IN GENERAL.—Section 4(i)(6) of the Fed3 eral Insecticide, Fungicide, and Rodenticide Act (7 

4 U.S.C. 136a–1(i)(6)) is amended—

5 (A) by striking ‘‘During’’ and inserting 

6 ‘‘Except as provided in section 33, during’’; and 

7 (B) by striking ‘‘2003’’ and inserting 

8 ‘‘2010’’. 

9 (2) TOLERANCE FEES.—Notwithstanding sec10 tion 408(m)(1) of the Federal Food, Drug, and Cos11 metic Act (21 U.S.C. 346a(m)(1)), the Adminis12 trator of the Environmental Protection Agency shall 

13 not collect any tolerance fees under that section dur14 ing the period beginning on the effective date of this 

15 section and ending on September 30, 2008. 

16 (e) EXPEDITED PROCESSING OF SIMILAR APPLICA17 TIONS.—Section 4(k)(3) of the Federal Insecticide, Fun18 gicide, and Rodenticide Act (7 U.S.C. 136a–1(k)(3)) is 

19 amended—

20 (1) in the paragraph heading, by striking ‘‘EX21 PEDITED’’ and inserting ‘‘REVIEW OF INERT INGRE22 DIENTS; EXPEDITED’’; and 

23 (2) in subparagraph (A)—

24 (A) by striking ‘‘1997’’ and all that follows 

25 through ‘‘of the maintenance fees’’ and insert-
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1 ing ‘‘2004 through 2006, approximately 

2 $3,300,000, and for each of fiscal years 2007 

and 2008, between 1⁄8 and 1 3 ⁄7, of the mainte4 nance fees’’; 

5 (B) by redesignating clauses (i), (ii), and 

6 (iii) as subclauses (I), (II) and (III), respec7 tively, and indenting appropriately; and 

8 (C) by striking ‘‘resources to assure the 

9 expedited processing and review of any applica10 tion that’’ and inserting ‘‘resources—

11 ‘‘(i) to review and evaluate new inert 

12 ingredients; and 

13 ‘‘(ii) to ensure the expedited proc14 essing and review of any application 

15 that—’’. 

16 (f) PESTICIDE REGISTRATION SERVICE FEES.—The 

17 Federal Insecticide, Fungicide, and Rodenticide Act (7 

18 U.S.C. 136a et seq.) is amended—

19 (1) by redesignating sections 33 and 34 (7 

20 U.S.C. 136x, 136y) as sections 34 and 35, respec21 tively; and 

22 (2) by inserting after section 32 (7 U.S.C. 

23 136w–7) the following: 
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1 ‘‘SEC. 33. PESTICIDE REGISTRATION SERVICE FEES. 

2 ‘‘(a) DEFINITION OF COSTS.—In this section, the 

3 term ‘costs’, when used with respect to review and deci4 sionmaking pertaining to an application for which reg5 istration service fees are paid under this section, means—

6 ‘‘(1) costs to the extent that—

7 ‘‘(A) officers and employees provide direct 

8 support for the review and decisionmaking for 

9 covered pesticide applications, associated toler10 ances, and corresponding risk and benefits in11 formation and analyses; 

12 ‘‘(B) persons and organizations under con13 tract with the Administrator engage in the re14 view of the applications, and corresponding risk 

15 and benefits information and assessments; and 

16 ‘‘(C) advisory committees and other ac17 credited persons or organizations, on the re18 quest of the Administrator, engage in the peer 

19 review of risk or benefits information associated 

20 with covered pesticide applications; 

21 ‘‘(2) costs of management of information, and 

22 the acquisition, maintenance, and repair of computer 

23 and telecommunication resources (including soft24 ware), used to support review of pesticide applica25 tions, associated tolerances, and corresponding risk 

26 and benefits information and analyses; and 
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1 ‘‘(3) costs of collecting registration service fees 

2 under subsections (b) and (c) and reporting, audit3 ing, and accounting under this section. 

4 ‘‘(b) FEES.—

5 ‘‘(1) IN GENERAL.—Effective beginning in fis6 cal year 2004, the Administrator shall assess and 

7 collect covered pesticide registration service fees in 

8 accordance with this section. 

9 ‘‘(2) COVERED PESTICIDE REGISTRATION AP10 PLICATIONS.—

11 ‘‘(A) IN GENERAL.—An application for the 

12 registration of a pesticide covered by this Act 

13 that is received by the Administrator on or 

14 after October 1, 2003, shall be subject to a reg15 istration service fee under this section. 

16 ‘‘(B) EXISTING APPLICATIONS.—

17 ‘‘(i) IN GENERAL.—Subject to clause 

18 (ii), an application for the registration of a 

19 pesticide that was submitted to the Admin20 istrator before October 1, 2003, and is 

21 pending on the date of enactment of the 

22 Pesticide Registration Improvement Act of 

23 2003, shall be subject to a service fee 

24 under this section if the application is for 

25 the registration of a new active ingredient 
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1 that is not listed in the Registration Divi2 sion 2003 Work Plan of the Office of Pes3 ticide Programs of the Environmental Pro4 tection Agency. 

5 ‘‘(ii) TOLERANCE OR EXEMPTION

6 FEES.—The amount of any fee otherwise 

7 payable for an application described in 

8 clause (i) under this section shall be re9 duced by the amount of any fees paid to 

10 support the related petition for a pesticide 

11 tolerance or exemption under the Federal 

12 Food, Drug, and Cosmetic Act (21 U.S.C. 

13 301 et seq.). 

14 ‘‘(C) DOCUMENTATION.—An application 

15 subject to a registration service fee under this 

16 section shall be submitted with documentation 

17 certifying—

18 ‘‘(i) payment of the registration serv19 ice fee; or 

20 ‘‘(ii) a request for a waiver from or 

21 reduction of the registration service fee. 

22 ‘‘(3) SCHEDULE OF COVERED APPLICATIONS

23 AND REGISTRATION SERVICE FEES.—

24 ‘‘(A) IN GENERAL.—Not later than 30 

25 days after the effective date of the Pesticide 
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1 Registration Improvement Act of 2003, the Ad2 ministrator shall publish in the Federal Reg3 ister a schedule of covered pesticide registration

4 applications and corresponding registration 

5 service fees. 

6 ‘‘(B) REPORT.—Subject to paragraph (6), 

7 the schedule shall be the same as the applicable 

8 schedule appearing in the Congressional Record 

9 on pages S11631 through S11633, dated Sep10 tember 17, 2003. 

11 ‘‘(4) PENDING PESTICIDE REGISTRATION AP12 PLICATIONS.—

13 ‘‘(A) IN GENERAL.—An applicant that 

14 submitted a registration application to the Ad15 ministrator before October 1, 2003, but that is 

16 not required to pay a registration service fee 

17 under paragraph (2)(B), may, on a voluntary 

18 basis, pay a registration service fee in accord19 ance with paragraph (2)(B). 

20 ‘‘(B) VOLUNTARY FEE.—The Adminis21 trator may not compel payment of a registra22 tion service fee for an application described in 

23 subparagraph (A). 

24 ‘‘(C) DOCUMENTATION.—An application 

25 for which a voluntary registration service fee is 
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1 paid under this paragraph shall be submitted 

2 with documentation certifying—

3 ‘‘(i) payment of the registration serv4 ice fee; or 

5 ‘‘(ii) a request for a waiver from or 

6 reduction of the registration service fee. 

7 ‘‘(5) RESUBMISSION OF PESTICIDE REGISTRA8 TION APPLICATIONS.—If a pesticide registration ap9 plication is submitted by a person that paid the fee 

10 for the application under paragraph (2), is deter11 mined by the Administrator to be complete, and is 

12 not approved or is withdrawn (without a waiver or 

13 refund), the submission of the same pesticide reg14 istration application by the same person (or a li15 censee, assignee, or successor of the person) shall 

16 not be subject to a fee under paragraph (2). 

17 ‘‘(6) FEE ADJUSTMENT.—Effective for a cov18 ered pesticide registration application received on or 

19 after October 1, 2005, the Administrator shall—

20 ‘‘(A) increase by 5 percent the service fee 

21 payable for the application under paragraph 

22 (3); and 

23 ‘‘(B) publish in the Federal Register the 

24 revised registration service fee schedule. 

25 ‘‘(7) WAIVERS AND REDUCTIONS.—
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1 ‘‘(A) IN GENERAL.—An applicant for a 

2 covered pesticide registration may request the 

3 Administrator to waive or reduce the amount of 

4 a registration service fee payable under this sec5 tion under the circumstances described in sub6 paragraphs (D) through (G). 

7 ‘‘(B) DOCUMENTATION.—

8 ‘‘(i) IN GENERAL.—A request for a 

9 waiver from or reduction of the registra10 tion service fee shall be accompanied by 

11 appropriate documentation demonstrating 

12 the basis for the waiver or reduction. 

13 ‘‘(ii) CERTIFICATION.—The applicant 

14 shall provide to the Administrator a writ15 ten certification, signed by a responsible 

16 officer, that the documentation submitted 

17 to support the waiver or reduction request 

18 is accurate. 

19 ‘‘(iii) INACCURATE DOCUMENTA20 TION.—An application shall be subject to 

21 the applicable registration service fee pay22 able under paragraph (3) if, at any time, 

23 the Administrator determines that—
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1 ‘‘(I) the documentation sup2 porting the waiver or reduction re3 quest is not accurate; or 

4 ‘‘(II) based on the documentation 

5 or any other information, the waiver 

6 or reduction should not have been 

7 granted or should not be granted. 

8 ‘‘(C) DETERMINATION TO GRANT OR DENY

9 REQUEST.—As soon as practicable, but not 

10 later than 60 days, after the date on which the 

11 Administrator receives a request for a waiver or 

12 reduction of a registration service fee under this 

13 paragraph, the Administrator shall—

14 ‘‘(i) determine whether to grant or 

15 deny the request; and 

16 ‘‘(ii) notify the applicant of the deter17 mination. 

18 ‘‘(D) MINOR USES.—

19 ‘‘(i) IN GENERAL.—The Administrator 

20 may waive or reduce a registration service 

21 fee for an application for minor uses for a 

22 pesticide. 

23 ‘‘(ii) SUPPORTING DOCUMENTA24 TION.—An applicant requesting a waiver 

25 under this subparagraph shall provide sup-
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1 porting documentation that demonstrates, 

2 to the satisfaction of the Administrator, 

3 that anticipated revenues from the uses 

4 that are the subject of the application 

5 would be insufficient to justify imposition 

6 of the full application fee. 

7 ‘‘(E) IR–4 WAIVER.—The Administrator 

8 shall waive the registration service fee for an 

9 application if the Administrator determines 

10 that—

11 ‘‘(i) the application is solely associated 

12 with a tolerance petition submitted in con13 nection with the Inter-Regional Project 

14 Number 4 (IR–4) as described in section 2 

15 of Public Law 89–106 (7 U.S.C. 450i(e)); 

16 and 

17 ‘‘(ii) the waiver is in the public inter18 est. 

19 ‘‘(F) SMALL BUSINESSES.—

20 ‘‘(i) IN GENERAL.—The Administrator 

21 shall waive 50 percent of the registration 

22 service fees payable by an entity for a cov23 ered pesticide registration application 

24 under this section if the entity is a small 
21

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1 business (as defined in section 

2 4(i)(5)(E)(ii)) at the time of application. 

3 ‘‘(ii) WAIVER OF FEES.—The Admin4 istrator shall waive all of the registration

5 service fees payable by an entity under this 

6 section if the entity—

7 ‘‘(I) is a small business (as de8 fined in section 4(i)(5)(E)(ii)) at the 

9 time of application; and 

10 ‘‘(II) has average annual global 

11 gross revenues described in section 

12 4(i)(5)(E)(ii)(I)(bb) that does not ex13 ceed $10,000,000, at the time of ap14 plication. 

15 ‘‘(iii) FORMATION FOR WAIVER.—The 

16 Administrator shall not grant a waiver 

17 under this subparagraph if the Adminis18 trator determines that the entity submit19 ting the application has been formed or 

20 manipulated primarily for the purpose of 

21 qualifying for the waiver. 

22 ‘‘(iv) DOCUMENTATION.—An entity 

23 requesting a waiver under this subpara24 graph shall provide to the Administrator—
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1 ‘‘(I) documentation dem2 onstrating that the entity is a small 

3 business (as defined in section 

4 4(i)(5)(E)(ii)) at the time of applica5 tion; and 

6 ‘‘(II) if the entity is requesting a 

7 waiver of all registration service fees 

8 payable under this section, docu9 mentation demonstrating that the en10 tity has an average annual global 

11 gross revenues described in section 

12 4(i)(5)(E)(ii)(I)(bb) that does not ex13 ceed $10,000,000, at the time of ap14 plication. 

15 ‘‘(G) FEDERAL AND STATE AGENCY EX16 EMPTIONS.—An agency of the Federal Govern17 ment or a State government shall be exempt 

18 from covered registration service fees under this 

19 section. 

20 ‘‘(8) REFUNDS.—

21 ‘‘(A) EARLY WITHDRAWALS.—If, during 

22 the first 60 days after the beginning of the ap23 plicable decision time review period under sub24 section (f)(3), a covered pesticide registration 

25 application is withdrawn by the applicant, the 
23

•S 1664 IS 

1 Administrator shall refund all but 10 percent of 

2 the total registration service fee payable under 

3 paragraph (3) for the application. 

4 ‘‘(B) WITHDRAWALS AFTER THE FIRST 60

5 DAYS OF DECISION REVIEW TIME PERIOD.—

6 ‘‘(i) IN GENERAL.—If a covered pes7 ticide registration application is withdrawn 

8 after the first 60 days of the applicable de9 cision time review period, the Adminis10 trator shall determine what portion, if any, 

11 of the total registration service fee payable 

12 under paragraph (3) for the application 

13 may be refunded based on the proportion 

14 of the work completed at the time of with15 drawal. 

16 ‘‘(ii) TIMING.—The Administrator 

17 shall—

18 ‘‘(I) make the determination de19 scribed in clause (i) not later than 90 

20 days after the date the application is 

21 withdrawn; and 

22 ‘‘(II) provide any refund as soon 

23 as practicable after the determination. 

24 ‘‘(C) DISCRETIONARY REFUNDS.—
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1 ‘‘(i) IN GENERAL.—In the case of a 

2 pesticide registration application that has 

3 been filed with the Administrator and has 

4 not been withdrawn by the applicant, but 

5 for which the Administrator has not yet 

6 made a final determination, the Adminis7 trator may refund a portion of a covered 

8 registration service fee if the Administrator 

9 determines that the refund is justified. 

10 ‘‘(ii) BASIS.—The Administrator may 

11 provide a refund for an application under 

12 this subparagraph—

13 ‘‘(I) on the basis that, in review14 ing the application, the Administrator 

15 has considered data submitted in sup16 port of another pesticide registration 

17 application; or 

18 ‘‘(II) on the basis that the Ad19 ministrator completed portions of the 

20 review of the application before the ef21 fective date of this section. 

22 ‘‘(D) CREDITED FEES.—In determining 

23 whether to grant a refund under this para24 graph, the Administrator shall take into ac-
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1 count any portion of the registration service 

2 fees credited under paragraph (2) or (4). 

3 ‘‘(c) PESTICIDE REGISTRATION FUND.—

4 ‘‘(1) ESTABLISHMENT.—There is established in 

5 the Treasury of the United States a Pesticide Reg6 istration Fund to be used in carrying out this sec7 tion (referred to in this section as the ‘Fund’), con8 sisting of—

9 ‘‘(A) such amounts as are deposited in the 

10 Fund under paragraph (2); 

11 ‘‘(B) any interest earned on investment of 

12 amounts in the Fund under paragraph (4); and 

13 ‘‘(C) any proceeds from the sale or re14 demption of investments held in the Fund. 

15 ‘‘(2) DEPOSITS IN FUND.—Subject to para16 graph (4), the Administrator shall deposit fees col17 lected under this section in the Fund. 

18 ‘‘(3) EXPENDITURES FROM FUND.—

19 ‘‘(A) IN GENERAL.—Subject to subpara20 graphs (B) and (C) and paragraph (4), the Ad21 ministrator may make expenditures from the 

22 Fund—

23 ‘‘(i) to cover the costs associated with 

24 the review and decisionmaking pertaining 

25 to all applications for which registration 
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•S 1664 IS 

1 service fees have been paid under this sec2 tion; and 

3 ‘‘(ii) to otherwise carry out this sec4 tion. 

5 ‘‘(B) WORKER PROTECTION.—For each of 

6 fiscal years 2004 through 2008, the Administrator shall use approximately 1 7 ⁄17 of the 

8 amount in the Fund (but not more than 

9 $1,000,000, and not less than $750,000, for 

10 any fiscal year) to enhance current scientific 

11 and regulatory activities related to worker pro12 tection. 

13 ‘‘(C) NEW INERT INGREDIENTS.—For each 

14 of fiscal years 2004 and 2005, the Administrator shall use approximately 1 15 ⁄34 of the 

16 amount in the Fund (but not to exceed 

17 $500,000 for any fiscal year) for the review and 

18 evaluation of new inert ingredients. 

19 ‘‘(4) COLLECTIONS AND APPROPRIATIONS

20 ACTS.—The fees authorized by this section and 

21 amounts deposited in the Fund—

22 ‘‘(A) shall be collected and made available 

23 for obligation only to the extent provided in ad24 vance in appropriations Acts; and 
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•S 1664 IS 

1 ‘‘(B) shall be available without fiscal year 

2 limitation. 

3 ‘‘(5) UNUSED FUNDS.—Amounts in the Fund 

4 not currently needed to carry out this section shall 

5 be—

6 ‘‘(A) maintained readily available or on de7 posit; 

8 ‘‘(B) invested in obligations of the United 

9 States or guaranteed by the United States; or 

10 ‘‘(C) invested in obligations, participations, 

11 or other instruments that are lawful invest12 ments for fiduciary, trust, or public funds. 

13 ‘‘(d) ASSESSMENT OF FEES.—

14 ‘‘(1) DEFINITION OF COVERED FUNCTIONS.—In 

15 this subsection, the term ‘covered functions’ means 

16 functions of the Office of Pesticide Programs of the 

17 Environmental Protection Agency, as identified in 

18 key programs and projects of the final operating 

19 plan for the Environmental Protection Agency sub20 mitted as part of the budget process for fiscal year 

21 2002, regardless of any subsequent transfer of 1 or 

22 more of the functions to another office or agency or 

23 the subsequent transfer of a new function to the Of24 fice of Pesticide Programs. 
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1 ‘‘(2) MINIMUM AMOUNT OF APPROPRIATIONS.—

2 Registration service fees may not be assessed for a 

3 fiscal year under this section unless the amount of 

4 appropriations for salaries, contracts, and expenses 

5 for the functions (as in existence in fiscal year 2002) 

6 of the Office of Pesticide Programs of the Environ7 mental Protection Agency for the fiscal year (exclud8 ing the amount of any fees appropriated for the fis9 cal year) are equal to or greater than the amount of 

10 appropriations for covered functions for fiscal year 

11 2002 (excluding the amount of any fees appro12 priated for the fiscal year).

13 ‘‘(3) USE OF FEES.—Registration service fees 

14 authorized by this section shall be available, in the 

15 aggregate, only to defray increases in the costs asso16 ciated with the review and decisionmaking for the 

17 review of pesticide registration applications and as18 sociated tolerances (including increases in the num19 ber of full-time equivalent positions in the Environ20 mental Protection Agency engaged in those activi21 ties) over the costs for fiscal year 2002, excluding 

22 costs paid from fees appropriated for the fiscal year. 

23 ‘‘(4) COMPLIANCE.—The requirements of para24 graph (2) shall have been considered to have been 

25 met for any fiscal year if the amount of appropria-
29

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1 tions for salaries, contracts, and expenses for the 

2 functions (as in existence in fiscal year 2002) of the 

3 Office of Pesticide Programs of the Environmental 

4 Protection Agency for the fiscal year (excluding the 

5 amount of any fees appropriated for the fiscal year) 

6 is not more than 3 percent below the amount of ap7 propriations for covered functions for fiscal year 

8 2002 (excluding the amount of any fees appro9 priated for the fiscal year). 

10 ‘‘(5) SUBSEQUENT AUTHORITY.—If the Admin11 istrator does not assess registration service fees 

12 under subsection (b) during any portion of a fiscal 

13 year as the result of paragraph (2) and is subse14 quently permitted to assess the fees under sub15 section (b) during the fiscal year, the Administrator 

16 shall assess and collect the fees, without any modi17 fication in rate, at any time during the fiscal year, 

18 notwithstanding any provisions of subsection (b) re19 lating to the date fees are to be paid. 

20 ‘‘(e) REFORMS TO REDUCE DECISION TIME REVIEW

21 PERIODS.—To the maximum extent practicable consistent 

22 with the degrees of risk presented by pesticides and the 

23 type of review appropriate to evaluate risks, the Adminis24 trator shall identify and evaluate reforms to the pesticide 

25 registration process under this Act with the goal of reduc-
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1 ing decision review periods in effect on the effective date 

2 of the Pesticide Registration Improvement Act of 2003 for 

3 pesticide registration actions for covered pesticide reg4 istration applications (including reduced risk applica5 tions). 

6 ‘‘(f) DECISION TIME REVIEW PERIODS.—

7 ‘‘(1) IN GENERAL.—Not later than 30 days 

8 after the effective date of the Pesticide Registration 

9 Improvement Act of 2003, the Administrator shall 

10 publish in the Federal Register a schedule of deci11 sion review periods for covered pesticide registration 

12 actions and corresponding registration service fees 

13 under this Act. 

14 ‘‘(2) REPORT.—The schedule shall be the same 

15 as the applicable schedule appearing in the Congres16 sional Record on pages S11631 through S11633, 

17 dated September 17, 2003. 

18 ‘‘(3) APPLICATIONS SUBJECT TO DECISION

19 TIME REVIEW PERIODS.—The decision time review 

20 periods specified in paragraph (1) shall apply to—

21 ‘‘(A) covered pesticide registration applica22 tions subject to registration service fees under 

23 subsection (b)(2); 

24 ‘‘(B) covered pesticide registration applica25 tions for which an applicant has voluntarily 
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1 paid registration service fees under subsection 

2 (b)(4); and 

3 ‘‘(C) covered pesticide registration applica4 tions listed in the Registration Division 2003 

5 Work Plan of the Office of Pesticide Programs 

6 of the Environmental Protection Agency.

7 ‘‘(4) START OF DECISION TIME REVIEW PE8 RIOD.—

9 ‘‘(A) IN GENERAL.—Except as provided in 

10 subparagraphs (C) and (D), in the case of a 

11 pesticide registration application accompanied 

12 by the registration service fee required under 

13 this section, the decision time review period be14 gins 21 days after the date on which the Ad15 ministrator receives the covered pesticide reg16 istration application. 

17 ‘‘(B) COMPLETENESS OF APPLICATION.—

18 In conducting an initial screening of an applica19 tion, the Administrator shall determine—

20 ‘‘(i) whether—

21 ‘‘(I) the applicable registration 

22 service fee has been paid; or 

23 ‘‘(II) the application contains a 

24 waiver or refund request; and 

25 ‘‘(ii) whether the application—
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•S 1664 IS 

1 ‘‘(I) contains all necessary forms, 

2 data, draft labeling, and, documenta3 tion certifying payment of any reg4 istration service fee required under 

5 this section; or 

6 ‘‘(II) establishes a basis for any 

7 requested waiver or reduction. 

8 ‘‘(C) APPLICATIONS WITH WAIVER OR RE9 DUCTION REQUESTS.—

10 ‘‘(i) IN GENERAL.—In the case of an 

11 application submitted with a request for a 

12 waiver or reduction of registration service 

13 fees under subsection (b)(7), the decision 

14 time review period shall be determined in 

15 accordance with this subparagraph. 

16 ‘‘(ii) REQUEST GRANTED WITH NO

17 ADDITIONAL FEES REQUIRED.—If the Ad18 ministrator grants the waiver or reduction 

19 request and no additional fee is required, 

20 the decision time review period begins on 

21 the earlier of—

22 ‘‘(I) the date on which the Ad23 ministrator grants the request; or 
33

•S 1664 IS 

1 ‘‘(II) the date that is 60 days 

2 after the date of receipt of the appli3 cation. 

4 ‘‘(iii) REQUEST GRANTED WITH ADDI5 TIONAL FEES REQUIRED.—If the Adminis6 trator grants the waiver or reduction re7 quest, in whole or in part, but an addi8 tional registration service fee is required, 

9 the decision time review period begins on 

10 the date on which the Administrator re11 ceives certification of payment of the appli12 cable registration service fee. 

13 ‘‘(iv) REQUEST DENIED.—If the Ad14 ministrator denies the waiver or reduction 

15 request, the decision time review period be16 gins on the date on which the Adminis17 trator receives certification of payment of 

18 the applicable registration service fee. 

19 ‘‘(D) PENDING APPLICATIONS.—

20 ‘‘(i) IN GENERAL.—The start of the 

21 decision time review period for applications 

22 described in clause (ii) shall be the date on 

23 which the Administrator receives certifi24 cation of payment of the applicable reg25 istration service fee. 
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•S 1664 IS 

1 ‘‘(ii) APPLICATIONS.—Clause (i) ap2 plies to—

3 ‘‘(I) covered pesticide registration 

4 applications for which voluntary fees 

5 have been paid under subsection 

6 (b)(4); and 

7 ‘‘(II) covered pesticide registra8 tion applications received on or after 

9 the effective date of the Pesticide 

10 Registration Improvement Act of 

11 2003 but submitted without the appli12 cable registration service fee required 

13 under this section due to the inability 

14 of the Administrator to assess fees 

15 under subsection (d)(1). 

16 ‘‘(E) 2003 WORK PLAN.—In the case of a 

17 covered pesticide registration application listed 

18 in the Registration Division 2003 Work Plan of 

19 the Office of Pesticide Programs of the Envi20 ronmental Protection Agency, the decision time 

21 review period begins November 1, 2003. 

22 ‘‘(5) EXTENSION OF DECISION TIME REVIEW

23 PERIOD.—The Administrator and the applicant may 

24 mutually agree in writing to extend a decision time 

25 review period under this subsection. 
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•S 1664 IS 

1 ‘‘(g) JUDICIAL REVIEW.—

2 ‘‘(1) IN GENERAL.—Any applicant adversely af3 fected by the failure of the Administrator to make 

4 a determination on the application of the applicant 

5 for registration of a new active ingredient or new 

6 use for which a registration service fee is paid under 

7 this section may obtain judicial review of the failure 

8 solely under this section. 

9 ‘‘(2) SCOPE.—

10 ‘‘(A) IN GENERAL.—In an action brought 

11 under this subsection, the only issue on review 

12 is whether the Administrator failed to make a 

13 determination on the application specified in 

14 paragraph (1) by the end of the applicable deci15 sion time review period required under sub16 section (f) for the application. 

17 ‘‘(B) OTHER ACTIONS.—No other action 

18 authorized or required under this section shall 

19 be judicially reviewable by a Federal or State 

20 court. 

21 ‘‘(3) TIMING.—

22 ‘‘(A) IN GENERAL.—A person may not ob23 tain judicial review of the failure of the Admin24 istrator to make a determination on the appli25 cation specified in paragraph (1) before the ex-
36

•S 1664 IS 

1 piration of the 2-year period that begins on the 

2 date on which the decision time review period 

3 for the application ends. 

4 ‘‘(B) MEETING WITH ADMINISTRATOR.—

5 To be eligible to seek judicial review under this 

6 subsection, a person seeking the review shall

7 first request in writing, at least 120 days before 

8 filing the complaint for judicial review, a deci9 sion review meeting with the Administrator. 

10 ‘‘(4) REMEDIES.—The Administrator may not 

11 be required or permitted to refund any portion of a 

12 registration service fee paid in response to a com13 plaint that the Administrator has failed to make a 

14 determination on the covered pesticide registration 

15 application specified in paragraph (1) by the end of 

16 the applicable decision review period. 

17 ‘‘(h) ACCOUNTING.—The Administrator shall—

18 ‘‘(1) provide an annual accounting of the reg19 istration service fees paid to the Administrator and 

20 disbursed from the Fund, by providing financial 

21 statements in accordance with—

22 ‘‘(A) the Chief Financial Officers Act of 

23 1990 (Public Law 101–576; 104 Stat. 2838) 

24 and amendments made by that Act; and 
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•S 1664 IS 

1 ‘‘(B) the Government Management Reform 

2 Act of 1994 (Public Law 103–356; 108 Stat. 

3 3410) and amendments made by that Act; 

4 ‘‘(2) provide an accounting describing expendi5 tures from the Fund authorized under subsection 

6 (c); and 

7 ‘‘(3) provide an annual accounting describing 

8 collections and expenditures authorized under sub9 section (d). 

10 ‘‘(i) AUDITING.—

11 ‘‘(1) FINANCIAL STATEMENTS OF AGENCIES.—

12 For the purpose of section 3515(c) of title 31, 

13 United States Code, the Fund shall be considered a 

14 component of an executive agency. 

15 ‘‘(2) COMPONENTS.—The annual audit required 

16 under sections 3515(b) and 3521 of that title of the 

17 financial statements of activities under this section 

18 shall include an analysis of—

19 ‘‘(A) the fees collected under subsection (b) 

20 and disbursed; 

21 ‘‘(B) compliance with subsection (f); 

22 ‘‘(C) the amount appropriated to meet the 

23 requirements of subsection (d)(1); and 

24 ‘‘(D) the reasonableness of the allocation 

25 of the overhead allocation of costs associated 
38

•S 1664 IS 

1 with the review and decisionmaking pertaining 

2 to applications under this section. 

3 ‘‘(3) INSPECTOR GENERAL.—The Inspector 

4 General of the Environmental Protection Agency 

5 shall—

6 ‘‘(A) conduct the annual audit required 

7 under this subsection; and 

8 ‘‘(B) report the findings and recommenda9 tions of the audit to the Administrator and to 

10 the appropriate committees of Congress. 

11 ‘‘(j) PERSONNEL LEVELS.—All full-time equivalent 

12 positions supported by fees authorized and collected under 

13 this section shall not be counted against the agency-wide 

14 personnel level goals of the Environmental Protection 

15 Agency. 

16 ‘‘(k) REPORTS.—

17 ‘‘(1) IN GENERAL.—Not later than March 1, 

18 2005, and each March 1 thereafter through March 

19 1, 2009, the Administrator shall publish an annual 

20 report describing actions taken under this section. 

21 ‘‘(2) CONTENTS.—The report shall include—

22 ‘‘(A) a review of the progress made in car23 rying out each requirement of subsections (e) 

24 and (f), including—
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•S 1664 IS 

1 ‘‘(i) the number of applications re2 viewed, including the decision times for 

3 each application specified in subsection (f); 

4 ‘‘(ii) the number of actions pending in 

5 each category of actions described in sub6 section (f)(3), as well as the number of 

7 inert ingredients; 

8 ‘‘(iii) to the extent determined appro9 priate by the Administrator and consistent 

10 with the authorities of the Administrator 

11 and limitations on delegation of functions 

12 by the Administrator, recommendations 

13 for—

14 ‘‘(I) expanding the use of self15 certification in all appropriate areas of 

16 the registration process; 

17 ‘‘(II) providing for accreditation 

18 of outside reviewers and the use of 

19 outside reviewers to conduct the re20 view of major portions of applications; 

21 and 

22 ‘‘(III) reviewing the scope of use 

23 of the notification process to cover 

24 broader categories of registration ac25 tions; and 
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•S 1664 IS 

1 ‘‘(iv) the use of performance-based 

2 contracts, other contracts, and procure3 ment to ensure that—

4 ‘‘(I) the goals of this Act for the 

5 timely review of applications for reg6 istration are met; and 

7 ‘‘(II) the registration program is 

8 administered in the most productive 

9 and cost effective manner practicable; 

10 ‘‘(B) a description of the staffing and re11 sources relating to the costs associated with the 

12 review and decisionmaking pertaining to appli13 cations; and 

14 ‘‘(C) a review of the progress in meeting 

15 the timeline requirements of section 4(g). 

16 ‘‘(3) METHOD.—The Administrator shall pub17 lish a report required by this subsection by such 

18 method as the Administrator determines to be the 

19 most effective for efficiently disseminating the re20 port, including publication of the report on the 

21 Internet site of the Environmental Protection Agen22 cy. 

23 ‘‘(l) SAVINGS CLAUSE.—Nothing in this section af24 fects any other duties, obligations, or authorities estab25 lished by any other section of this Act, including the right 
41

•S 1664 IS 

1 to judicial review of duties, obligations, or authorities es2 tablished by any other section of this Act. 

3 ‘‘(m) TERMINATION OF EFFECTIVENESS.—

4 ‘‘(1) IN GENERAL.—Except as provided in para5 graph (2), the authority provided by this section ter6 minates on September 30, 2008. 

7 ‘‘(2) PHASE OUT.—

8 ‘‘(A) FISCAL YEAR 2009.—During fiscal 

9 year 2009, the requirement to pay and collect 

10 registration service fees applies, except that the 

11 level of registration service fees payable under 

12 this section shall be reduced 40 percent below 

13 the level in effect on September 30, 2008. 

14 ‘‘(B) FISCAL YEAR 2010.—During fiscal 

15 year 2010, the requirement to pay and collect 

16 registration service fees applies, except that the 

17 level of registration service fees payable under 

18 this section shall be reduced 70 percent below 

19 the level in effect on September 30, 2008. 

20 ‘‘(C) SEPTEMBER 30, 2010.—Effective Sep21 tember 30, 2010, the requirement to pay and 

22 collect registration service fees terminates. 

23 ‘‘(D) DECISION REVIEW PERIODS.—

24 ‘‘(i) PENDING APPLICATIONS.—In the 

25 case of an application received under this 
42

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1 section before September 30, 2008, the ap2 plication shall be reviewed in accordance 

3 with subsection (f). 

4 ‘‘(ii) NEW APPLICATIONS.—In the 

5 case of an application received under this 

6 section on or after September 30, 2008, 

7 subsection (f) shall not apply to the appli8 cation.’’. 

9 (g) CONFORMING AMENDMENTS.—The table of con10 tents in section 1(b) of the Federal Insecticide, Fungicide, 

11 and Rodenticide Act (7 U.S.C. prec. 136) is amended—

12 (1) by striking the item relating to section 

13 4(k)(3) and inserting the following:

‘‘(3) Review of inert ingredients; expedited processing of 

similar applications.’’;

14 and 

15 (2) by striking the items relating to sections 30 

16 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. 
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•S 1664 IS 

‘‘(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.’’.
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•S 1664 IS 

1 (h) EFFECTIVE DATE.—This section and the amend2 ments made by this section take effect on October 1, 2003.

Æ