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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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(b) SENSE OF THE SENATE.—It is the sense of the Sen-
ate that—
(1) housing vouchers are a critical resource in
ensuring that families in America can afford safe, de-
cent, and adequate housing;
(2) public housing agencies must retain the abil-
ity to use 100 percent of their authorized vouchers to
help house low-income families; and
(3) the Senate expects the Department of Hous-
ing and Urban Development to take all necessary ac-
tions to encourage full utilization of vouchers, and to
use all legally available resources as needed to support
full funding for housing vouchers in fiscal year 2004,
so that every voucher can be used by a family in
need.
SEC. 419. Section 106(d) of the Housing and Commu-
nity Development Act of 1974 (42 U.S.C. 5306(d)) is
amended—
(1) in paragraph (3)(A), by striking ‘‘shall not
exceed 2 percent’’ and inserting ‘‘shall not, subject to
paragraph (6), exceed 3 percent’’;
(2) in paragraph (5), by striking ‘‘not to exceed
1 percent’’ and inserting ‘‘subject to paragraph (6),
not to exceed 3 percent’’;
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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
amended—
(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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view of the applications, and corresponding risk
and benefits information and assessments; and
‘‘(C) advisory committees and other accred-
ited persons or organizations, on the request of
the Administrator, engage in the peer review of
risk or benefits information associated with cov-
ered 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, auditing,
and accounting under this section.
‘‘(b) FEES.—
‘‘(1) IN GENERAL.—Effective beginning on the ef-
fective date of the Pesticide Registration Improvement
Act of 2003, the Administrator shall assess and collect
covered pesticide registration service fees in accord-
ance with this section.
‘‘(2) COVERED PESTICIDE REGISTRATION APPLI-
CATIONS.—
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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-
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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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‘‘(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).
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‘‘(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 Environ-
mental Protection Agency, the decision time re-
view period begins on the date that is 30 days
after the effective date of the Pesticide Registra-
tion Improvement Act of 2003.
‘‘(5) EXTENSION OF DECISION TIME REVIEW PE-
RIOD.—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 sec-
tion 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 de-
termination on the application specified in
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cation 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 compo-
nent of an executive agency.
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‘‘(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 ap-
plications under this section.
‘‘(3) INSPECTOR GENERAL.—The Inspector Gen-
eral 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 po-
sitions supported by fees authorized and collected under this
section shall not be counted against the agency-wide per-
sonnel level goals of the Environmental Protection Agency.
‘‘(k) REPORTS.—
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‘‘(1) IN
GENERAL.—Not later than March 1,
2005, and each March 1 thereafter through March 1,
2009, the Administrator shall publish an annual re-
port 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-cer-
tification in all appropriate areas of
the registration process;
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‘‘(II) providing for accreditation
of outside reviewers and the use of out-
side reviewers to conduct the review 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 con-
tracts, other contracts, and procurement 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 publish
a report required by this subsection by such method
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as the Administrator determines to be the most effec-
tive for efficiently disseminating the report, including
publication of the report on the Internet site of the
Environmental Protection Agency.
‘‘(l) SAVINGS CLAUSE.—Nothing in this section affects
any other duties, obligations, or authorities established by
any other section of this Act, including the right to judicial
review of duties, obligations, or authorities established 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 reg-
istration service fees applies, except that the level
of registration service fees payable under this sec-
tion 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
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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 col-
lect 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 application.’’.
(g) CONFORMING AMENDMENTS.—The table of contents
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.
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‘‘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.’’.