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duction 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 deter-
mination. 
‘‘(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 sat-
isfaction of the Administrator, that antici-
pated revenues from the uses that are the 
subject of the application would be insuffi-
cient to justify imposition of the full appli-
cation fee. 
‘‘(E) IR–4 WAIVER.—The Administrator 
shall waive the registration service fee for an ap-
plication if the Administrator determines that—
‘‘(i) the application is solely associated 
with a tolerance petition submitted in con-
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nection 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 inter-
est. 
‘‘(F) SMALL BUSINESSES.—
‘‘(i) IN GENERAL.—The Administrator 
shall waive 50 percent of the registration 
service fees payable by an entity for a cov-
ered 
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 Adminis-
trator shall waive all of the registration 
service fees payable by an entity under this 
section if the entity—
‘‘(I) is a small business (as de-
fined 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 ex-
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ceed $10,000,000, at the time of appli-
cation. 
‘‘(iii) FORMATION FOR WAIVER.—The 
Administrator shall not grant a waiver 
under this subparagraph if the Adminis-
trator determines that the entity submitting 
the application has been formed or manipu-
lated primarily for the purpose of quali-
fying for the waiver. 
‘‘(iv) DOCUMENTATION.—An entity re-
questing 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, documenta-
tion demonstrating that the entity has 
an average annual global gross reve-
nues 
described 
in 
section 
4(i)(5)(E)(ii)(I)(bb) that does not ex-
ceed $10,000,000, at the time of appli-
cation.
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‘‘(G) FEDERAL AND STATE AGENCY EXEMP-
TIONS.—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 applica-
ble decision time review period under subsection 
(f)(3), a covered pesticide registration applica-
tion is withdrawn by the applicant, the Admin-
istrator shall refund all but 10 percent of the 
total registration service fee payable under para-
graph (3) for the application. 
‘‘(B) WITHDRAWALS AFTER THE FIRST 60 
DAYS OF DECISION REVIEW TIME PERIOD.—
‘‘(i) IN GENERAL.—If a covered pes-
ticide registration application is withdrawn 
after the first 60 days of the applicable deci-
sion 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.
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‘‘(ii) 
TIMING.—The 
Administrator 
shall—
‘‘(I) make the determination de-
scribed 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 Adminis-
trator 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 review-
ing the application, the Administrator 
has considered data submitted in sup-
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port of another pesticide registration 
application; or 
‘‘(II) on the basis that the Admin-
istrator completed portions of the re-
view of the application before the effec-
tive 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 Reg-
istration 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 redemp-
tion of investments held in the Fund.
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‘‘(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 subpara-
graphs (B) and (C) and paragraph (4), the Ad-
ministrator 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 sec-
tion; and 
‘‘(ii) to otherwise carry out this sec-
tion. 
‘‘(B) WORKER PROTECTION.—For each of 
fiscal years 2004 through 2008, the Adminis-
trator 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 activi-
ties 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
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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 ad-
vance 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 de-
posit; 
‘‘(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
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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, re-
gardless 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.—
Registration service fees may not be assessed for a fis-
cal year under this section unless the amount of ap-
propriations 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 appropria-
tions for covered functions for fiscal year 2002 (ex-
cluding 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 associ-
ated with the review and decisionmaking for the re-
view of pesticide registration applications and associ-
ated tolerances (including increases in the number of
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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 para-
graph (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 Adminis-
trator 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 per-
mitted to assess the fees under subsection (b) during 
the fiscal year, the Administrator shall assess and col-
lect the fees, without any modification in rate, at any 
time during the fiscal year, notwithstanding any pro-
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‘‘(3) APPLICATIONS SUBJECT TO DECISION TIME 
REVIEW PERIODS.—The decision time review periods 
specified in paragraph (1) shall apply to—
‘‘(A) covered pesticide registration applica-
tions subject to registration service fees under 
subsection (b)(2); 
‘‘(B) covered pesticide registration applica-
tions for which an applicant has voluntarily 
paid registration service fees under subsection 
(b)(4); and 
‘‘(C) covered pesticide registration applica-
tions 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
PE-
RIOD.—
‘‘(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 appli-
cation.
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‘‘(B) COMPLETENESS OF APPLICATION.—In 
conducting an initial screening of an applica-
tion, 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, documenta-
tion certifying payment of any reg-
istration service fee required under this 
section; or 
‘‘(II) establishes a basis for any 
requested waiver or reduction. 
‘‘(C) APPLICATIONS WITH WAIVER OR RE-
DUCTION 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.
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‘‘(ii) REQUEST GRANTED WITH NO AD-
DITIONAL FEES REQUIRED.—If the Admin-
istrator grants the waiver or reduction re-
quest and no additional fee is required, the 
decision time review period begins on the 
earlier of—
‘‘(I) the date on which the Admin-
istrator grants the request; or 
‘‘(II) the date that is 60 days 
after the date of receipt of the applica-
tion. 
‘‘(iii) REQUEST GRANTED WITH ADDI-
TIONAL FEES REQUIRED.—If the Adminis-
trator grants the waiver or reduction re-
quest, in whole or in part, but an addi-
tional registration service fee is required, 
the decision time review period begins on 
the date on which the Administrator re-
ceives certification of payment of the appli-
cable registration service fee. 
‘‘(iv) REQUEST
DENIED.—If the Ad-
ministrator denies the waiver or reduction 
request, the decision time review period be-
gins on the date on which the Adminis-
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trator receives certification of payment of 
the applicable registration service fee. 
‘‘(D) PENDING APPLICATIONS.—
‘‘(i) IN GENERAL.—The start of the de-
cision time review period for applications 
described in clause (ii) shall be the date on 
which the Administrator receives certifi-
cation of payment of the applicable reg-
istration service fee. 
‘‘(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 registration 
applications received on or after the ef-
fective date of the Pesticide Registra-
tion Improvement Act of 2003 but sub-
mitted without the applicable registra-
tion service fee required under this sec-
tion due to the inability of the Admin-
istrator to assess fees under subsection 
(d)(1).