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ents that do not share in the cost of conducting research 
resulting from proposals not specifically solicited by the 
Government: Provided, That the extent of cost sharing by 
the recipient shall reflect the mutuality of interest of the 
grantee or contractor and the Government in the research. 
SEC. 405. None of the funds provided in this Act may 
be used, directly or through grants, to pay or to provide 
reimbursement for payment of the salary of a consultant 
(whether retained by the Federal Government or a grantee) 
at more than the daily equivalent of the rate paid for level 
IV of the Executive Schedule, unless specifically authorized 
by law. 
SEC. 406. None of the funds provided in this Act may 
be used to pay the expenses of, or otherwise compensate, 
non-Federal parties intervening in regulatory or adjudica-
tory proceedings. Nothing herein affects the authority of the 
Consumer Product Safety Commission pursuant to section 
7 of the Consumer Product Safety Act (15 U.S.C. 2056 et 
seq.). 
SEC. 407. Except as otherwise provided under existing 
law, or under an existing Executive order issued pursuant 
to an existing law, the obligation or expenditure of any ap-
propriation under this Act for contracts for any consulting 
service shall be limited to contracts which are: (1) a matter 
of public record and available for public inspection; and
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(2) thereafter included in a publicly available list of all con-
tracts entered into within 24 months prior to the date on 
which the list is made available to the public and of all 
contracts on which performance has not been completed by 
such date. The list required by the preceding sentence shall 
be updated quarterly and shall include a narrative descrip-
tion of the work to be performed under each such contract. 
SEC. 408. Except as otherwise provided by law, no 
part of any appropriation contained in this Act shall be 
obligated or expended by any executive agency, as referred 
to in the Office of Federal Procurement Policy Act (41 
U.S.C. 401 et seq.), for a contract for services unless such 
executive agency: (1) has awarded and entered into such 
contract in full compliance with such Act and the regula-
tions promulgated thereunder; and (2) requires any report 
prepared pursuant to such contract, including plans, eval-
uations, studies, analyses and manuals, and any report 
prepared by the agency which is substantially derived from 
or substantially includes any report prepared pursuant to 
such contract, to contain information concerning: (A) the 
contract pursuant to which the report was prepared; and 
(B) the contractor who prepared the report pursuant to such 
contract. 
SEC. 409. (a) It is the sense of the Congress that, to 
the greatest extent practicable, all equipment and products
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purchased with funds made available in this Act should be 
American-made. 
(b) In providing financial assistance to, or entering 
into any contract with, any entity using funds made avail-
able in this Act, the head of each Federal agency, to the 
greatest extent practicable, shall provide to such entity a 
notice describing the statement made in subsection (a) by 
the Congress. 
SEC. 410. None of the funds appropriated in this Act 
may be used to implement any cap on reimbursements to 
grantees for indirect costs, except as published in Office of 
Management and Budget Circular A–21. 
SEC. 411. Such sums as may be necessary for fiscal 
year 2004 pay raises for programs funded by this Act shall 
be absorbed within the levels appropriated in this Act. 
SEC. 412. None of the funds made available in this 
Act may be used for any program, project, or activity, when 
it is made known to the Federal entity or official to which 
the funds are made available that the program, project, or 
activity is not in compliance with any Federal law relating 
to risk assessment, the protection of private property rights, 
or unfunded mandates. 
SEC. 413. Except in the case of entities that are funded 
solely with Federal funds or any natural persons that are 
funded under this Act, none of the funds in this Act shall
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be used for the planning or execution of any program to 
pay the expenses of, or otherwise compensate, non-Federal 
parties to lobby or litigate in respect to adjudicatory pro-
ceedings funded in this Act. A chief executive officer of any 
entity receiving funds under this Act shall certify that none 
of these funds have been used to engage in the lobbying of 
the Federal Government or in litigation against the United 
States unless authorized under existing law. 
SEC. 414. No part of any funds appropriated in this 
Act shall be used by an agency of the executive branch, other 
than for normal and recognized executive-legislative rela-
tionships, for publicity or propaganda purposes, and for 
the preparation, distribution or use of any kit, pamphlet, 
booklet, publication, radio, television or film presentation 
designed to support or defeat legislation pending before the 
Congress, except in presentation to the Congress itself. 
SEC. 415. All Departments and agencies funded under 
this Act are encouraged, within the limits of the existing 
statutory authorities and funding, to expand their use of 
‘‘E-Commerce’’ technologies and procedures in the conduct 
of their business practices and public service activities. 
SEC. 416. None of the funds made available in this 
Act may be transferred to any department, agency, or in-
strumentality of the United States Government that is es-
tablished after the date of the enactment of this Act, except
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pursuant to a transfer made by, or transfer authority pro-
vided in, this Act or any other appropriation Act. 
SEC. 417. None of the funds provided in this Act to 
any department or agency shall be obligated or expended 
to procure passenger automobiles as defined in 15 U.S.C. 
2001 with an EPA estimated miles per gallon average of 
less than 22 miles per gallon. 
SEC. 418. SENSE OF THE SENATE. (a) FINDINGS.—
The Senate finds that—
(1) 30 percent of American families have housing 
affordability problems, with 14,300,000 families pay-
ing more than half of their income for housing costs, 
and 17,300,000 families paying 30 to 50 percent of 
their income towards housing costs; 
(2) 9,300,000 American families live in housing 
that is overcrowded or distressed; 
(3) 3,500,000 households in the United States 
will experience homelessness at some point this year, 
including 1,350,000 children; 
(4) the number of working families who are un-
able to afford adequate housing is increasing, as the 
gap between wages and housing costs grows; 
(5) there is no county or metropolitan area in 
the country where a minimum wage earner can afford 
to rent a modest 2-bedroom apartment, and on aver-
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age, a family must earn over $15 an hour to afford 
modest rental housing, which is almost 3 times the 
minimum wage; 
(6) section 8 housing vouchers help approxi-
mately 2,000,000 families with children, senior citi-
zens, and disabled individuals afford a safe and de-
cent place to live; 
(7) utilization of vouchers is at a high of 96 per-
cent, and is on course to rise to 97 percent in fiscal 
year 2004, according to data provided by the Depart-
ment of Housing and Urban Development; 
(8) the average cost per voucher has also steadily 
increased from just over $6,400 in August of 2002, to 
$6,756 in April, 2003, due largely to rising rents in 
the private market, and the Congressional Budget Of-
fice estimates that the cost per voucher in fiscal year 
2004 will be $7,028, $560 more per voucher than the 
estimate contained in the fiscal year 2004 budget re-
quest; and 
(9) the congressionally appointed, bipartisan 
Millennial Housing Commission found that housing 
vouchers are ‘‘the linchpin of a national housing pol-
icy providing very low-income renters access to pri-
vately-owned housing stock’’.
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(3) by redesignating the second paragraph (5) 
and paragraph (6) as paragraphs (7) and (8), respec-
tively; and 
(4) by inserting after paragraph (5) the fol-
lowing: 
‘‘(6) Of the amounts received under paragraph 
(1), the State may deduct not more than an aggregate 
total of 3 percent of such amounts for—
‘‘(A) administrative expenses under para-
graph (3)(A); and 
‘‘(B) technical assistance under paragraph 
(5).’’. 
SEC. 420. SEWER OVERFLOW CONTROL GRANTS. Sec-
tion 221 of the Federal Water Pollution Control Act (33 
U.S.C. 1301) is amended—
(1) in subsection (f), by striking ‘‘2002 and 
2003’’ and inserting ‘‘2005 and 2006’’; 
(2) in subsection (g)(1)—
(A) in the paragraph heading, by striking 
‘‘2002’’ and inserting ‘‘2005’’; and 
(B) by striking ‘‘2002’’ and inserting 
‘‘2005’’; 
(3) in subsection (g)(2)—
(A) in the paragraph heading, by striking 
‘‘2003’’ and inserting ‘‘2006’’; and
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(B) by striking ‘‘2003’’ and inserting 
‘‘2006’’; and 
(4) in subsection (i), by striking ‘‘2003’’ and in-
serting ‘‘2006’’. 
SEC. 421. (a) Congress makes the following findings: 
(1) During Operation Desert Shield and Oper-
ation Desert Storm (in this section, collectively re-
ferred to as the ‘‘First Gulf War’’), the regime of Sad-
dam Hussein committed grave human rights abuses 
and acts of terrorism against the people of Iraq and 
citizens of the United States. 
(2) United States citizens who were taken pris-
oner by the regime of Saddam Hussein during the 
First Gulf War were brutally tortured and forced to 
endure severe physical trauma and emotional abuse. 
(3) The regime of Saddam Hussein used civilian 
citizens of the United States who were working in the 
Persian Gulf region before and during the First Gulf 
War as so-called human shields, threatening the per-
sonal safety and emotional well-being of such civil-
ians. 
(4) Congress has recognized and authorized the 
right of United States citizens, including prisoners of 
war, to hold terrorist states, such as Iraq during the
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regime of Saddam Hussein, liable for injuries caused 
by such states. 
(5) The United States district courts are author-
ized to adjudicate cases brought by individuals in-
jured by terrorist states. 
(b) It is the sense of Congress that—
(1) notwithstanding section 1503 of the Emer-
gency Wartime Supplemental Appropriations Act, 
2003 (Public Law 108–11; 117 Stat. 579) and any 
other provision of law, a citizen of the United States 
who was a prisoner of war or who was used by the 
regime of Saddam Hussein and by Iraq as a so-called 
human shield during the First Gulf War should have 
the opportunity to have any claim for damages 
caused by the regime of Saddam Hussein and by Iraq 
incurred by such citizen fully adjudicated in the ap-
propriate United States district court; 
(2) any judgment for such damages awarded to 
such citizen, or the family of such citizen, should be 
fully enforced; and 
(3) the Attorney General should enter into nego-
tiations with each such citizen, or the family of each 
such citizen, to develop a fair and reasonable method 
of providing compensation for the damages each such 
citizen incurred, including using assets of the regime
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of Saddam Hussein held by the Government of the 
United States or any other appropriate sources to 
provide such compensation. 
SEC. 422. None of the funds provided in this Act may 
be expended to apply, in a numerical estimate of the bene-
fits of an agency action prepared pursuant to Executive 
Order 12866 or section 812 of the Clean Air Act, monetary 
values for adult premature mortality that differ based on 
the age of the adult. 
SEC. 423. EXTENSION OF CERTAIN PUBLIC HOUSING/
SECTION 8 MOVING TO WORK DEMONSTRATION AGREE-
MENTS. (a) EXTENSION.—The Secretary of Housing and 
Urban Development shall extend the term of the Moving to 
Work Demonstration Agreement entered into between a pub-
lic housing agency and the Secretary under section 204, 
title V, of the Omnibus Consolidated Rescissions and Appro-
priations Act of 1996 (Public Law 104–134, April 26, 
1996) if—
(1) the public housing agency requests such ex-
tension in writing; 
(2) the public housing agency is not at the time 
of such request for extension in default under its Mov-
ing to Work Demonstration Agreement; and
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(3) the Moving to Work Demonstration Agree-
ment to be extended would otherwise expire on or be-
fore December 31, 2004. 
(b) TERMS.—Unless the Secretary of Housing and 
Urban Development and the public housing agency other-
wise agree, the extension under subsection (a) shall be upon 
the identical terms and conditions set forth in the extending 
agency’s existing Moving to Work Demonstration Agree-
ment, except that for each public housing agency that has 
been or will be granted an extension to its original Moving 
to Work agreement, the Secretary shall require that data 
be collected so that the effect of Moving to Work policy 
changes on residents can be measured. 
(c) EXTENSION PERIOD.—The extension under sub-
section (a) shall be for such period as is requested by the 
public housing agency, not to exceed 3 years from the date 
of expiration of the extending agency’s existing Moving to 
Work Demonstration Agreement. 
(d) BREACH OF AGREEMENT.—Nothing contained in 
this section shall limit the authority of the Secretary of 
Housing and Urban Development to terminate any Moving 
to Work Demonstration Agreement of a public housing 
agency if the public housing agency is in breach of the pro-
visions of such agreement.
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SEC. 424. STUDY OF MOVING TO WORK PROGRAM. (a) 
IN GENERAL.—The General Accounting Office shall conduct 
a study of the Moving to Work demonstration program to 
evaluate—
(1) whether the statutory goals of the Moving to 
Work demonstration program are being met; 
(2) the effects policy changes related to the Mov-
ing to Work demonstration program have had on resi-
dents; and 
(3) whether public housing agencies partici-
pating in the Moving to Work program are meeting 
the requirements of the Moving to Work demonstra-
tion program under law and any agreements with the 
Department of Housing and Urban Development. 
(b) REPORT.—Not later than 18 months after the date 
of enactment of this Act, the General Accounting Office shall 
submit to Congress a report on the study conducted under 
subsection (a). 
SEC. 425. NATIONAL ACADEMY OF SCIENCES STUDY. 
The matter under the heading ‘‘ADMINISTRATIVE PROVI-
SIONS’’ under the heading ‘‘ENVIRONMENTAL PROTECTION 
AGENCY’’ in title III of division K of section 2 of the Con-
solidated Appropriations Resolution, 2003 (117 Stat. 513), 
is amended—
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(1) in the first sentence of the fifth undesignated 
paragraph (beginning ‘‘As soon as’’), by inserting be-
fore the period at the end the following: ‘‘, and the 
impact of the final rule entitled ‘Prevention of Sig-
nificant Deterioration (PSD) and Nonattainment 
New Source Review (NSR): Equipment Replacement 
Provision of the Routine Maintenance, Repair and 
Replacement Exclusion’, amending parts 51 and 52 
of title 40, Code of Federal Regulations, and pub-
lished in electronic docket OAR-2002-0068 on August 
27, 2003’’; and 
(2) in the sixth undesignated paragraph (begin-
ning ‘‘The National Academy of Sciences’’), by strik-
ing ‘‘March 3, 2004’’ and inserting ‘‘January 1, 
2005’’. 
SEC. 426. There shall be made available $500,000 to 
the Secretary of Housing and Urban Development for the 
purposes of making the grant authorized under section 3 
of the Paul and Sheila Wellstone Center for Community 
Building Act. 
TITLE V—PESTICIDE PRODUCTS AND FEES 
SEC. 501. PESTICIDE REGISTRATION. (a) SHORT 
TITLE.—This title may be cited as the ‘‘Pesticide Registra-
tion Improvement Act of 2003’’.
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(b) 
REGISTRATION
REQUIREMENTS
FOR
ANTI-
MICROBIAL PESTICIDES.—Section 3(h) of the Federal Insec-
ticide, 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 Fed-
eral or State court if the amendment re-
quires 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).’’.
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(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 amend-
ed—
(A) in subparagraph (A)—
(i) by striking ‘‘(A) Subject’’ and in-
serting the following: 
‘‘(A) IN GENERAL.—Subject’’; and 
(ii) by striking ‘‘of—’’ and all that fol-
lows through ‘‘additional registration’’ and 
inserting ‘‘for each registration’’; 
(B) in subparagraph (D)—
(i) by striking ‘‘(D) The’’ and insert-
ing the following: 
‘‘(D) MAXIMUM AMOUNT OF FEES FOR REG-
ISTRANTS.—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
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‘‘(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 insert-
ing the following: 
‘‘(E) MAXIMUM
AMOUNT
OF
FEES
FOR 
SMALL BUSINESSES.—
‘‘(i) IN GENERAL.—For’’; 
(ii) by indenting the margins of sub-
clauses (I) and (II) of clause (i) appro-
priately; and 
(iii) in clause (i)—
(I) subclause (I), by striking 
‘‘shall be $38,500; and’’ and inserting 
‘‘shall be—
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‘‘(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
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(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 indent-
ing the margins appropriately; 
(B) by striking ‘‘(ii) For purposes of’’ and 
inserting the following: 
‘‘(ii) DEFINITION
OF
SMALL
BUSI-
NESS.—
‘‘(I) IN GENERAL.—In’’; 
(C) in item (aa) (as so redesignated), by 
striking ‘‘150’’ and inserting ‘‘500’’;
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(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
PER-
SONS.—For the purpose of item 
(aa), persons are affiliates of each 
other if, directly or indirectly, ei-
ther 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), in-
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dicia of control include inter-
locking management or owner-
ship, 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 Fed-
eral 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 in-
serting 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
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later than the last date for tolerance reas-
sessment 
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 in-
serting 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 fol-
lowing: 
‘‘(II) 
EXTRAORDINARY
CIR-
CUMSTANCES.—In the case of extraor-
dinary circumstances, the Adminis-
trator may provide such a longer pe-
riod, of not more than 2 additional 
years, for submission of data to the Ad-
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ministrator under this subparagraph.’’; 
and 
(C) in subparagraph (D)—
(i) by striking ‘‘(D) If’’ and inserting 
the following: 
‘‘(D) DETERMINATION
TO
NOT
REREG-
ISTER.—
‘‘(i) IN GENERAL.—If’’; and 
(ii) by adding at the end the following: 
‘‘(ii) TIMING
FOR
REGULATORY
AC-
TION.—Regulatory action under clause (i) 
shall be completed as expeditiously as pos-
sible.’’. 
(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 begin-
ning on October 1, 2003, and ending on September
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30, 2008, the Administrator of the Environmental 
Protection Agency shall not collect any tolerance fees 
under that section. 
(e) EXPEDITED PROCESSING OF SIMILAR APPLICA-
TIONS.—Section 4(k)(3) of the Federal Insecticide, Fun-
gicide, and Rodenticide Act (7 U.S.C. 136a–1(k)(3)) is 
amended—
(1) in the paragraph heading, by striking ‘‘EX-
PEDITED’’ and inserting ‘‘REVIEW OF INERT INGREDI-
ENTS; 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, be-
tween 1⁄8 and 1⁄7, of the maintenance fees’’; 
(B) by redesignating clauses (i), (ii), and 
(iii) as subclauses (I), (II) and (III), respec-
tively, and indenting appropriately; and 
(C) by striking ‘‘resources to assure the ex-
pedited processing and review of any application 
that’’ and inserting ‘‘resources—
‘‘(i) to review and evaluate new inert 
ingredients; and
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‘‘(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, respec-
tively; 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 decision-
making 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 toler-
ances, and corresponding risk and benefits infor-
mation and analyses; 
‘‘(B) persons and organizations under con-
tract with the Administrator engage in the re-
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‘‘(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 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 Admin-
istrator before the effective date of the Pes-
ticide Registration Improvement Act of 
2003 and is pending on that effective date 
shall be subject to a service fee under this 
section if the application is for the registra-
tion of a new active ingredient that is not 
listed in the Registration Division 2003 
Work Plan of the Office of Pesticide Pro-
grams 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
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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 re-
duction 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 Registra-
tion Improvement Act of 2003, the Adminis-
trator shall publish in the Federal Register a 
schedule of covered pesticide registration applica-
tions 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 Sep-
tember 17, 2003.
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‘‘(4) PENDING PESTICIDE REGISTRATION APPLI-
CATIONS.—
‘‘(A) IN GENERAL.—An applicant that sub-
mitted a registration application to the Admin-
istrator before the effective date of the Pesticide 
Registration Improvement Act of 2003, 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 accord-
ance with paragraph (2)(B). 
‘‘(B) VOLUNTARY FEE.—The Administrator 
may not compel payment of a registration serv-
ice fee for an application described in subpara-
graph (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 re-
duction of the registration service fee. 
‘‘(5) RESUBMISSION
OF
PESTICIDE
REGISTRA-
TION APPLICATIONS.—If a pesticide registration ap-
plication is submitted by a person that paid the fee
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for the application under paragraph (2), is deter-
mined by the Administrator to be complete, and is 
not approved or is withdrawn (without a waiver or 
refund), the submission of the same pesticide registra-
tion application by the same person (or a licensee, as-
signee, 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 re-
vised registration service fee schedule. 
‘‘(7) WAIVERS AND REDUCTIONS.—
‘‘(A) IN GENERAL.—An applicant for a cov-
ered pesticide registration may request the Ad-
ministrator to waive or reduce the amount of a 
registration service fee payable under this section 
under the circumstances described in subpara-
graphs (D) through (G). 
‘‘(B) DOCUMENTATION.—
‘‘(i) IN
GENERAL.—A request for a 
waiver from or reduction of the registration
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service fee shall be accompanied by appro-
priate 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 sup-
port the waiver or reduction request is accu-
rate. 
‘‘(iii) INACCURATE DOCUMENTATION.—
An application shall be subject to the appli-
cable registration service fee payable under 
paragraph (3) if, at any time, the Adminis-
trator determines that—
‘‘(I) 
the 
documentation 
sup-
porting 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 Ad-
ministrator receives a request for a waiver or re-