I 
108TH CONGRESS 
1ST SESSION H. R. 3188
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 HOUSE OF REPRESENTATIVES 
SEPTEMBER 25, 2003
Mr. LUCAS of Oklahoma (for himself, Mr. GOODLATTE, Mr. STENHOLM, and 
Mr. HOLDEN) introduced the following bill; which was referred to the 
Committee on Agriculture 
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 collec-
tion of maintenance fees.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. PESTICIDE REGISTRATION. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Pesticide Registration Improvement Act of 2003’’. 
(b) REGISTRATION
REQUIREMENTS
FOR
ANTI-
MICROBIAL PESTICIDES.—Section 3(h) of the Federal In-
secticide, 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 subpara-
graph (B); or
‘‘(II) the time period specified in 
paragraph (2)(F), if adopted in a 
final regulation under subparagraph 
(B).’’. 
(c) MAINTENANCE FEES.—
(1) AMOUNTS
FOR
REGISTRANTS.—Section 
4(i)(5) of the Federal Insecticide, Fungicide, and 
Rodenticide Act (7 U.S.C. 136a–1(i)(5)) is 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 
follows 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 
REGISTRANTS.—The’’; 
(ii) in clause (i), by striking ‘‘shall be 
$55,000; and’’ and inserting ‘‘shall be—
‘‘(I) for fiscal year 2004, $84,000;
‘‘(II) for each of fiscal years 2005 and 
2006, $87,000; 
‘‘(III) for fiscal year 2007, $68,000; 
and 
‘‘(IV) for fiscal year 2008, $55,000; 
and’’; and 
(iii) in clause (ii), by striking ‘‘shall 
be $95,000.’’ and inserting ‘‘shall be—
‘‘(I) for fiscal year 2004, $145,000; 
‘‘(II) for each of fiscal years 2005 and 
2006, $151,000; 
‘‘(III) for fiscal year 2007, $117,000; 
and 
‘‘(IV) for fiscal year 2008, $95,000.’’; 
and 
(C) in subparagraph (E)—
(i) by striking ‘‘(E)(i) For’’ and in-
serting 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—
‘‘(aa) for fiscal year 2004, 
$59,000; 
‘‘(bb) for each of fiscal years 
2005 and 2006, $61,000; 
‘‘(cc) for fiscal year 2007, 
$48,000; and 
‘‘(dd) for fiscal year 2008, 
$38,500; and’’; and 
(II) in subclause (II), by striking 
‘‘shall be $66,500.’’ and inserting 
‘‘shall be—
‘‘(aa) for fiscal year 2004, 
$102,000; 
‘‘(bb) for each of fiscal years 
2005 and 2006, $106,000; 
‘‘(cc) for fiscal year 2007, 
$82,000; and 
‘‘(dd) for fiscal year 2008, 
$66,500.’’. 
(2) 
TOTAL
AMOUNT
OF
FEES.—Section 
4(i)(5)(C) of the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136(a)–1(i)(5)(C)) is 
amended—
(A) by striking ‘‘(C)(i) The’’ and inserting 
the following: 
‘‘(C) TOTAL
AMOUNT
OF
FEES.—The’’; 
and 
(B) by striking ‘‘aggregate amount’’ and 
all that follows through clause (ii) and inserting 
‘‘aggregate amount of—
‘‘(i) for fiscal year 2004, $26,000,000; 
‘‘(ii) 
for 
fiscal 
year 
2005, 
$27,000,000; 
‘‘(iii) 
for 
fiscal 
year 
2006, 
$27,000,000; 
‘‘(iv) 
for 
fiscal 
year 
2007, 
$21,000,000; and 
‘‘(v) 
for 
fiscal 
year 
2008, 
$15,000,000.’’. 
(3) DEFINITION OF SMALL BUSINESS.—Section 
4(i)(5)(E)(ii) of the Federal Insecticide, Fungicide, 
and Rodenticide Act (7 U.S.C. 136a–1(i)(5)(E)(ii)) 
is amended—
(A) by redesignating subclauses (I) and 
(II) as items (aa) and (bb), respectively, and in-
denting 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’’; 
(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 ex-
ceed $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 rev-
enue 
limit 
under 
subclause 
(I)(bb) shall apply to the gross 
revenue for the entity and all of 
the affiliates of the entity, includ-
ing parents and subsidiaries, if 
applicable. 
‘‘(bb) 
AFFILIATED
PER-
SONS.—For the purpose of item
(aa), persons are affiliates of 
each other if, directly or indi-
rectly, either person controls or 
has the power to control the 
other person, or a third person 
controls or has the power to con-
trol both persons. 
‘‘(cc) 
INDICIA
OF
CON-
TROL.—For the purpose of item 
(aa), indicia of control include 
interlocking management or own-
ership, 
identity 
of 
interests 
among family members, shared 
facilities and equipment, and 
common use of employees.’’. 
(4) EXTENSION
OF
AUTHORITY
FOR
COL-
LECTING MAINTENANCE FEES.—Section 4(i)(5)(H) 
of 
the 
Federal 
Insecticide, 
Fungicide, 
and 
Rodenticide Act (7 U.S.C. 136a–1(i)(5)(H)) is 
amended by striking ‘‘2003’’ and inserting ‘‘2008’’. 
(5) REREGISTRATION
AND
OTHER
ACTIVI-
TIES.—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 toler-
ances are required under the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 
301 et seq.), not later than the last date 
for 
tolerance 
reassessment 
established 
under section 408(q)(1)(C) of that Act (21 
U.S.C. 346a(q)(1)(C)); and 
‘‘(ii) for all other active ingredients 
subject to reregistration under this section, 
not later than October 3, 2008.’’; 
(B) in subparagraph (B)—
(i) by striking ‘‘(B) Before’’ and 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 
Administrator under this subpara-
graph.’’; 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 fol-
lowing: 
‘‘(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 Fed-
eral 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 sec-
tion 408(m)(1) of the Federal Food, Drug, and Cos-
metic Act (21 U.S.C. 346a(m)(1)), the Adminis-
trator of the Environmental Protection Agency shall 
not collect any tolerance fees under that section dur-
ing the period beginning on the effective date of this 
section and ending on September 30, 2008. 
(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 INGRE-
DIENTS; EXPEDITED’’; and 
(2) in subparagraph (A)—
(A) by striking ‘‘1997’’ and all that follows 
through ‘‘of the maintenance fees’’ and insert-
ing 
‘‘2004 
through 
2006, 
approximately 
$3,300,000, and for each of fiscal years 2007 
and 2008, between 1⁄8 and 1⁄7, of the mainte-
nance 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 
expedited processing and review of any applica-
tion that’’ and inserting ‘‘resources—
‘‘(i) to review and evaluate new inert 
ingredients; and 
‘‘(ii) to ensure the expedited proc-
essing 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 deci-
sionmaking pertaining to an application for which reg-
istration 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 in-
formation and analyses; 
‘‘(B) persons and organizations under con-
tract with the Administrator engage in the re-
view of the applications, and corresponding risk 
and benefits information and assessments; and 
‘‘(C) advisory committees and other ac-
credited persons or organizations, on the re-
quest of the Administrator, engage in the peer 
review of risk or benefits information associated 
with covered pesticide applications; 
‘‘(2) costs of management of information, and 
the acquisition, maintenance, and repair of computer 
and telecommunication resources (including soft-
ware), used to support review of pesticide applica-
tions, associated tolerances, and corresponding risk 
and benefits information and analyses; and
‘‘(3) costs of collecting registration service fees 
under subsections (b) and (c) and reporting, audit-
ing, and accounting under this section. 
‘‘(b) FEES.—
‘‘(1) IN GENERAL.—Effective beginning in fis-
cal year 2004, the Administrator shall assess and 
collect covered pesticide registration service fees in 
accordance with this section. 
‘‘(2) COVERED
PESTICIDE
REGISTRATION
AP-
PLICATIONS.—
‘‘(A) IN GENERAL.—An application for the 
registration of a pesticide covered by this Act 
that is received by the Administrator on or 
after October 1, 2003, shall be subject to a reg-
istration 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 October 1, 2003, and is 
pending on the date of enactment of the 
Pesticide Registration Improvement Act of 
2003, shall be subject to a service fee 
under this section if the application is for 
the registration of a new active ingredient
that is not listed in the Registration Divi-
sion 2003 Work Plan of the Office of Pes-
ticide Programs of the Environmental Pro-
tection 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 re-
duced by the amount of any fees paid to 
support the related petition for a pesticide 
tolerance or exemption under the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 
301 et seq.). 
‘‘(C) DOCUMENTATION.—An application 
subject to a registration service fee under this 
section shall be submitted with documentation 
certifying—
‘‘(i) payment of the registration serv-
ice fee; or 
‘‘(ii) a request for a waiver from or 
reduction of the registration service fee. 
‘‘(3) SCHEDULE
OF
COVERED
APPLICATIONS 
AND REGISTRATION SERVICE FEES.—
‘‘(A) IN
GENERAL.—Not later than 30 
days after the effective date of the Pesticide
Registration Improvement Act of 2003, the Ad-
ministrator shall publish in the Federal Reg-
ister a schedule of covered pesticide registration 
applications and corresponding registration 
service fees. 
‘‘(B) REPORT.—Subject to paragraph (6), 
the schedule shall be the same as the applicable 
schedule appearing in the Congressional Record 
on pages S11631 through S11633, dated Sep-
tember 17, 2003. 
‘‘(4) PENDING
PESTICIDE
REGISTRATION
AP-
PLICATIONS.—
‘‘(A) IN
GENERAL.—An applicant that 
submitted a registration application to the Ad-
ministrator before October 1, 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 Adminis-
trator may not compel payment of a registra-
tion service fee for an application described in 
subparagraph (A). 
‘‘(C) DOCUMENTATION.—An application 
for which a voluntary registration service fee is
paid under this paragraph shall be submitted 
with documentation certifying—
‘‘(i) payment of the registration serv-
ice fee; or 
‘‘(ii) a request for a waiver from or 
reduction 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 
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 reg-
istration application by the same person (or a li-
censee, assignee, or successor of the person) shall 
not be subject to a fee under paragraph (2). 
‘‘(6) FEE ADJUSTMENT.—Effective for a cov-
ered pesticide registration application received on or 
after October 1, 2005, the Administrator shall—
‘‘(A) increase by 5 percent the service fee 
payable for the application under paragraph 
(3); and 
‘‘(B) publish in the Federal Register the 
revised registration service fee schedule. 
‘‘(7) WAIVERS AND REDUCTIONS.—
‘‘(A) IN
GENERAL.—An applicant for a 
covered pesticide registration may request the 
Administrator to waive or reduce the amount of 
a registration service fee payable under this sec-
tion under the circumstances described in sub-
paragraphs (D) through (G). 
‘‘(B) DOCUMENTATION.—
‘‘(i) IN GENERAL.—A request for a 
waiver from or reduction of the registra-
tion service fee shall be accompanied by 
appropriate documentation demonstrating 
the basis for the waiver or reduction. 
‘‘(ii) CERTIFICATION.—The applicant 
shall provide to the Administrator a writ-
ten certification, signed by a responsible 
officer, that the documentation submitted 
to support the waiver or reduction request 
is accurate. 
‘‘(iii) 
INACCURATE
DOCUMENTA-
TION.—An application shall be subject to 
the applicable registration service fee pay-
able under paragraph (3) if, at any time, 
the Administrator determines that—
‘‘(I) 
the 
documentation 
sup-
porting the waiver or reduction re-
quest is not accurate; or 
‘‘(II) based on the documentation 
or any other information, the waiver 
or reduction should not have been 
granted or should not be granted. 
‘‘(C) DETERMINATION TO GRANT OR DENY 
REQUEST.—As soon as practicable, but not 
later than 60 days, after the date on which the 
Administrator receives a request for a waiver or 
reduction of a registration service fee under this 
paragraph, the Administrator shall—
‘‘(i) determine whether to grant or 
deny the request; and 
‘‘(ii) notify the applicant of the 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
DOCUMENTA-
TION.—An applicant requesting a waiver 
under this subparagraph shall provide sup-
porting documentation that demonstrates, 
to the satisfaction of the Administrator, 
that anticipated revenues from the uses 
that are the subject of the application 
would be insufficient to justify imposition 
of the full application fee. 
‘‘(E) IR–4 WAIVER.—The Administrator 
shall waive the registration service fee for an 
application if the Administrator determines 
that—
‘‘(i) the application is solely associated 
with a tolerance petition submitted in con-
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 Admin-
istrator 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-
ceed $10,000,000, at the time of ap-
plication. 
‘‘(iii) FORMATION FOR WAIVER.—The 
Administrator shall not grant a waiver 
under this subparagraph if the Adminis-
trator determines that the entity submit-
ting the application has been formed or 
manipulated primarily for the purpose of 
qualifying for the waiver. 
‘‘(iv) DOCUMENTATION.—An entity 
requesting a waiver under this subpara-
graph shall provide to the Administrator—
‘‘(I) 
documentation 
dem-
onstrating that the entity is a small 
business 
(as 
defined 
in 
section 
4(i)(5)(E)(ii)) at the time of applica-
tion; and 
‘‘(II) if the entity is requesting a 
waiver of all registration service fees 
payable under this section, docu-
mentation demonstrating that the en-
tity has an average annual global 
gross revenues described in section 
4(i)(5)(E)(ii)(I)(bb) that does not ex-
ceed $10,000,000, at the time of ap-
plication. 
‘‘(G) FEDERAL AND STATE AGENCY EX-
EMPTIONS.—An agency of the Federal Govern-
ment 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 ap-
plicable decision time review period under sub-
section (f)(3), a covered pesticide registration 
application is withdrawn by the applicant, the
Administrator shall refund all but 10 percent of 
the total registration service fee payable under 
paragraph (3) for the application. 
‘‘(B) WITHDRAWALS AFTER THE FIRST 60 
DAYS OF DECISION REVIEW TIME PERIOD.—
‘‘(i) IN GENERAL.—If a covered pes-
ticide registration application is withdrawn 
after the first 60 days of the applicable de-
cision time review period, the Adminis-
trator 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 with-
drawal. 
‘‘(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-
port of another pesticide registration 
application; or 
‘‘(II) on the basis that the Ad-
ministrator completed portions of the 
review of the application before the ef-
fective date of this section. 
‘‘(D) CREDITED
FEES.—In determining 
whether to grant a refund under this para-
graph, the Administrator shall take into ac-
count 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 sec-
tion (referred to in this section as the ‘Fund’), con-
sisting 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 re-
demption of investments held in the Fund. 
‘‘(2) DEPOSITS
IN
FUND.—Subject to para-
graph (4), the Administrator shall deposit fees col-
lected 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 activities related to worker pro-
tection. 
‘‘(C) NEW INERT INGREDIENTS.—For each 
of fiscal years 2004 and 2005, the Adminis-
trator shall use approximately 
1⁄34
of the 
amount in the Fund (but not to exceed 
$500,000 for any fiscal year) for the review and 
evaluation of new inert ingredients. 
‘‘(4) 
COLLECTIONS
AND
APPROPRIATIONS 
ACTS.—The fees authorized by this section and 
amounts deposited in the Fund—
‘‘(A) shall be collected and made available 
for obligation only to the extent provided in 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 invest-
ments for fiduciary, trust, or public funds. 
‘‘(d) ASSESSMENT OF FEES.—
‘‘(1) DEFINITION OF COVERED FUNCTIONS.—In 
this subsection, the term ‘covered functions’ means 
functions of the Office of Pesticide Programs of the 
Environmental Protection Agency, as identified in 
key programs and projects of the final operating 
plan for the Environmental Protection Agency sub-
mitted as part of the budget process for fiscal year 
2002, regardless of any subsequent transfer of 1 or 
more of the functions to another office or agency or 
the subsequent transfer of a new function to the Of-
fice of Pesticide Programs.
‘‘(2) MINIMUM AMOUNT OF APPROPRIATIONS.—
Registration service fees may not be assessed for a 
fiscal year under this section unless the amount of 
appropriations for salaries, contracts, and expenses 
for the functions (as in existence in fiscal year 2002) 
of the Office of Pesticide Programs of the Environ-
mental Protection Agency for the fiscal year (exclud-
ing the amount of any fees appropriated for the fis-
cal year) are equal to or greater than the amount of 
appropriations for covered functions for fiscal year 
2002 (excluding the amount of any fees appro-
priated 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 asso-
ciated with the review and decisionmaking for the 
review of pesticide registration applications and as-
sociated tolerances (including increases in the num-
ber of full-time equivalent positions in the Environ-
mental Protection Agency engaged in those activi-
ties) 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 appropria-
tions 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 ap-
propriations for covered functions for fiscal year 
2002 (excluding the amount of any fees appro-
priated for the fiscal year). 
‘‘(5) SUBSEQUENT AUTHORITY.—If the Admin-
istrator does not assess registration service fees 
under subsection (b) during any portion of a fiscal 
year as the result of paragraph (2) and is subse-
quently permitted to assess the fees under sub-
section (b) during the fiscal year, the Administrator 
shall assess and collect the fees, without any modi-
fication in rate, at any time during the fiscal year, 
notwithstanding any provisions of subsection (b) re-
lating to the date fees are to be paid. 
‘‘(e) REFORMS TO REDUCE DECISION TIME REVIEW 
PERIODS.—To the maximum extent practicable consistent 
with the degrees of risk presented by pesticides and the 
type of review appropriate to evaluate risks, the Adminis-
trator shall identify and evaluate reforms to the pesticide 
registration process under this Act with the goal of reduc-
ing decision review periods in effect on the effective date 
of the Pesticide Registration Improvement Act of 2003 for 
pesticide registration actions for covered pesticide reg-
istration applications (including reduced risk applica-
tions). 
‘‘(f) DECISION TIME REVIEW PERIODS.—
‘‘(1) IN
GENERAL.—Not later than 30 days 
after the effective date of the Pesticide Registration 
Improvement Act of 2003, the Administrator shall 
publish in the Federal Register a schedule of deci-
sion review periods for covered pesticide registration 
actions and corresponding registration service fees 
under this Act. 
‘‘(2) REPORT.—The schedule shall be the same 
as the applicable schedule appearing in the Congres-
sional Record on pages S11631 through S11633, 
dated September 17, 2003. 
‘‘(3) APPLICATIONS
SUBJECT
TO
DECISION 
TIME REVIEW PERIODS.—The decision time review 
periods specified in paragraph (1) shall apply to—
‘‘(A) covered pesticide registration 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) and (D), in the case of a 
pesticide registration application accompanied 
by the registration service fee required under 
this section, the decision time review period be-
gins 21 days after the date on which the Ad-
ministrator receives the covered pesticide reg-
istration application. 
‘‘(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. 
‘‘(ii) REQUEST
GRANTED
WITH
NO 
ADDITIONAL FEES REQUIRED.—If the Ad-
ministrator grants the waiver or reduction 
request and no additional fee is required, 
the decision time review period begins on 
the earlier of—
‘‘(I) the date on which the Ad-
ministrator grants the request; or
‘‘(II) the date that is 60 days 
after the date of receipt of the appli-
cation. 
‘‘(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-
trator receives certification of payment of 
the applicable registration service fee. 
‘‘(D) PENDING APPLICATIONS.—
‘‘(i) IN GENERAL.—The start of the 
decision time review period for applications 
described in clause (ii) shall be the date on 
which the Administrator receives certifi-
cation of payment of the applicable reg-
istration service fee.