‘‘(ii) APPLICATIONS.—Clause (i) ap-
plies to—
‘‘(I) covered pesticide registration 
applications for which voluntary fees 
have been paid under subsection 
(b)(4); and 
‘‘(II) covered pesticide registra-
tion applications received on or after 
the effective date of the Pesticide 
Registration 
Improvement 
Act 
of 
2003 but submitted without the appli-
cable 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 Envi-
ronmental Protection Agency, the decision time 
review period begins November 1, 2003. 
‘‘(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 af-
fected 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 deci-
sion time review period required under sub-
section (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 ob-
tain judicial review of the failure of the Admin-
istrator to make a determination on the appli-
cation specified in paragraph (1) before the ex-
piration 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 deci-
sion 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 com-
plaint 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 reg-
istration 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 expendi-
tures from the Fund authorized under subsection 
(c); and 
‘‘(3) provide an annual accounting describing 
collections and expenditures authorized under sub-
section (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 recommenda-
tions 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 car-
rying out each requirement of subsections (e) 
and (f), including—
‘‘(i) the number of applications re-
viewed, including the decision times for 
each application specified in subsection (f); 
‘‘(ii) the number of actions pending in 
each category of actions described in sub-
section (f)(3), as well as the number of 
inert ingredients; 
‘‘(iii) to the extent determined appro-
priate 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 re-
view of major portions of applications; 
and 
‘‘(III) reviewing the scope of use 
of the notification process to cover 
broader categories of registration ac-
tions; and
‘‘(iv) the use of performance-based 
contracts, other contracts, and procure-
ment to ensure that—
‘‘(I) the goals of this Act for the 
timely review of applications for reg-
istration 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 re-
sources relating to the costs associated with the 
review and decisionmaking pertaining to appli-
cations; and 
‘‘(C) a review of the progress in meeting 
the timeline requirements of section 4(g). 
‘‘(3) METHOD.—The Administrator shall pub-
lish a report required by this subsection by such 
method as the Administrator determines to be the 
most effective for efficiently disseminating the re-
port, including publication of the report on the 
Internet site of the Environmental Protection Agen-
cy. 
‘‘(l) SAVINGS CLAUSE.—Nothing in this section af-
fects any other duties, obligations, or authorities estab-
lished by any other section of this Act, including the right
to judicial review of duties, obligations, or authorities es-
tablished by any other section of this Act. 
‘‘(m) TERMINATION OF EFFECTIVENESS.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the authority provided by this section ter-
minates 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 Sep-
tember 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 ap-
plication 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 appli-
cation.’’. 
(g) CONFORMING AMENDMENTS.—The table of con-
tents 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.’’.