[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1664 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                S. 1664

  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 SENATE OF THE UNITED STATES

                           September 25, 2003

   Mr. Cochran (for himself, Mr. Harkin, Mr. Roberts, Mr. Craig, Mr. 
Crapo, Mr. Chambliss, Mr. Miller, Mr. Coleman, Mr. Nelson of Nebraska, 
  Mr. Kohl, Mr. Talent, Mr. Lugar, Mr. Conrad, Ms. Landrieu, and Mr. 
    Breaux) introduced the following bill; which was read twice and 
   referred to the Committee on Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 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 collection of maintenance fees.

    Be it enacted by the Senate and House of Representatives 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 Antimicrobial Pesticides.--
Section 3(h) of the Federal Insecticide, 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 Federal 
                        or State court if the amendment requires 
                        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).''.
    (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 
                        inserting 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 inserting 
                        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 
                        inserting the following:
                    ``(E) Maximum amount of fees for small 
                businesses.--
                            ``(i) In general.--For'';
                            (ii) by indenting the margins of subclauses 
                        (I) and (II) of clause (i) appropriately; 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 indenting the 
                margins appropriately;
                    (B) by striking ``(ii) For purposes of'' and 
                inserting the following:
                            ``(ii) Definition of small business.--
                                    ``(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 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 
                                        persons.--For the purpose of 
                                        item (aa), persons are 
                                        affiliates of each other if, 
                                        directly or indirectly, either 
                                        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), indicia of control 
                                        include interlocking management 
                                        or ownership, 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 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 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 inserting 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 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 
                        inserting 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 following:
                                    ``(II) Extraordinary 
                                circumstances.--In the case of 
                                extraordinary circumstances, the 
                                Administrator may provide such a longer 
                                period, of not more than 2 additional 
                                years, for submission of data to the 
                                Administrator under this 
                                subparagraph.''; and
                    (C) in subparagraph (D)--
                            (i) by striking ``(D) If'' and inserting 
                        the following:
                    ``(D) Determination to not reregister.--
                            ``(i) In general.--If''; and
                            (ii) by adding at the end the following:
                            ``(ii) Timing for regulatory action.--
                        Regulatory action under clause (i) shall be 
                        completed as expeditiously as possible.''.
    (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)), the Administrator of the Environmental Protection 
        Agency shall not collect any tolerance fees under that section 
        during the period beginning on the effective date of this 
        section and ending on September 30, 2008.
    (e) Expedited Processing of Similar Applications.--Section 4(k)(3) 
of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 
136a-1(k)(3)) is amended--
            (1) in the paragraph heading, by striking ``Expedited'' and 
        inserting ``Review of inert ingredients; 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, between \1/8\ and 
                \1/7\, of the maintenance fees'';
                    (B) by redesignating clauses (i), (ii), and (iii) 
                as subclauses (I), (II) and (III), respectively, and 
                indenting appropriately; and
                    (C) by striking ``resources to assure the expedited 
                processing and review of any application that'' and 
                inserting ``resources--
                            ``(i) to review and evaluate new inert 
                        ingredients; and
                            ``(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, respectively; 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 decisionmaking 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 tolerances, and corresponding 
                risk and benefits information and analyses;
                    ``(B) persons and organizations under contract with 
                the Administrator engage in the review of the 
                applications, and corresponding risk and benefits 
                information and assessments; and
                    ``(C) advisory committees and other accredited 
                persons or organizations, on the request 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 software), used to 
        support review of pesticide applications, 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 in fiscal year 2004, 
        the Administrator shall assess and collect covered pesticide 
        registration service fees in accordance with this section.
            ``(2) Covered pesticide registration applications.--
                    ``(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 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 
                        Administrator 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 Division 2003 
                        Work Plan of the Office of Pesticide Programs 
                        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 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 
                        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 Administrator shall 
                publish in the Federal Register 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 September 17, 2003.
            ``(4) Pending pesticide registration applications.--
                    ``(A) In general.--An applicant that submitted a 
                registration application to the Administrator 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 
                accordance with paragraph (2)(B).
                    ``(B) Voluntary fee.--The Administrator may not 
                compel payment of a registration 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 service 
                        fee; or
                            ``(ii) a request for a waiver from or 
                        reduction of the registration service fee.
            ``(5) Resubmission of pesticide registration 
        applications.--If a pesticide registration application is 
        submitted by a person that paid the fee for the application 
        under paragraph (2), is determined by the Administrator to be 
        complete, and is not approved or is withdrawn (without a waiver 
        or refund), the submission of the same pesticide registration 
        application by the same person (or a licensee, assignee, 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 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 section under the circumstances 
                described in subparagraphs (D) through (G).
                    ``(B) Documentation.--
                            ``(i) In general.--A request for a waiver 
                        from or reduction of the registration 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 written 
                        certification, signed by a responsible officer, 
                        that the documentation submitted to support the 
                        waiver or reduction request is accurate.
                            ``(iii) Inaccurate documentation.--An 
                        application shall be subject to the applicable 
                        registration service fee payable under 
                        paragraph (3) if, at any time, the 
                        Administrator determines that--
                                    ``(I) the documentation supporting 
                                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 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 
                        determination.
                    ``(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 
                        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 
                        connection 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 
                        interest.
                    ``(F) Small businesses.--
                            ``(i) In general.--The Administrator shall 
                        waive 50 percent of the registration service 
                        fees payable by an entity for a covered 
                        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 Administrator 
                        shall waive all of the registration service 
fees payable by an entity under this section if the entity--
                                    ``(I) is a small business (as 
                                defined 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 
                                exceed $10,000,000, at the time of 
                                application.
                            ``(iii) Formation for waiver.--The 
                        Administrator shall not grant a waiver under 
                        this subparagraph if the Administrator 
                        determines that the entity submitting 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 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, 
                                documentation demonstrating that the 
                                entity has an average annual global 
                                gross revenues described in section 
                                4(i)(5)(E)(ii)(I)(bb) that does not 
                                exceed $10,000,000, at the time of 
                                application.
                    ``(G) Federal and state agency exemptions.--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 applicable decision 
                time review period under subsection (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 pesticide 
                        registration application is withdrawn after the 
                        first 60 days of the applicable decision 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.
                            ``(ii) Timing.--The Administrator shall--
                                    ``(I) make the determination 
                                described 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 Administrator 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 
                                reviewing the application, the 
                                Administrator has considered data 
                                submitted in support of another 
                                pesticide registration application; or
                                    ``(II) on the basis that the 
                                Administrator completed portions of the 
                                review of the application before the 
                                effective 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 Registration 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 redemption of 
                investments held in the Fund.
            ``(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 subparagraphs (B) and 
                (C) and paragraph (4), the Administrator 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 section; and
                            ``(ii) to otherwise carry out this section.
                    ``(B) Worker protection.--For each of fiscal years 
                2004 through 2008, the Administrator 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 
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 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 advance 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 deposit;
                    ``(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 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, 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 Office 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 
        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 appropriations for 
        covered functions for fiscal year 2002 (excluding 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 associated with the review and 
        decisionmaking for the review of pesticide registration 
        applications and associated tolerances (including increases in 
        the number of 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 paragraph (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 Administrator 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 permitted to assess the fees under subsection 
        (b) during the fiscal year, the Administrator shall assess and 
        collect the fees, without any modification in rate, at any time 
        during the fiscal year, notwithstanding any provisions of 
        subsection (b) relating 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 Administrator shall identify and evaluate reforms to the 
pesticide registration process under this Act with the goal of reducing 
decision review periods in effect on the effective date of the 
Pesticide Registration Improvement Act of 2003 for pesticide 
registration actions for covered pesticide registration applications 
(including reduced risk applications).
    ``(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 decision 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 Congressional 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 applications 
                subject to registration service fees under subsection 
                (b)(2);
                    ``(B) covered pesticide registration applications 
                for which an applicant has voluntarily paid 
                registration service fees under subsection (b)(4); and
                    ``(C) covered pesticide registration applications 
                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 period.--
                    ``(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 begins 21 days after 
                the date on which the Administrator receives the 
                covered pesticide registration application.
                    ``(B) Completeness of application.--In conducting 
                an initial screening of an application, 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, 
                                documentation certifying payment of any 
                                registration service fee required under 
                                this section; or
                                    ``(II) establishes a basis for any 
                                requested waiver or reduction.
                    ``(C) Applications with waiver or reduction 
                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 Administrator 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 
                                Administrator grants the request; or
                                    ``(II) the date that is 60 days 
                                after the date of receipt of the 
                                application.
                            ``(iii) Request granted with additional 
                        fees required.--If the Administrator grants the 
                        waiver or reduction request, in whole or in 
                        part, but an additional registration service 
                        fee is required, the decision time review 
                        period begins on the date on which the 
                        Administrator receives certification of payment 
                        of the applicable registration service fee.
                            ``(iv) Request denied.--If the 
                        Administrator denies the waiver or reduction 
                        request, the decision time review period begins 
                        on the date on which the Administrator 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 certification 
                        of payment of the applicable registration 
                        service fee.
                            ``(ii) Applications.--Clause (i) applies 
                        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 effective date of the 
                                Pesticide Registration Improvement Act 
                                of 2003 but submitted without the 
                                applicable registration service fee 
                                required under this section due to the 
                                inability of the Administrator to 
                                assess fees under subsection (d)(1).
                    ``(E) 2003 work plan.--In the case of a covered 
                pesticide registration application listed in the 
                Registration Division 2003 Work Plan of the Office of 
                Pesticide Programs of the Environmental Protection 
                Agency, the decision time review period begins November 
                1, 2003.
            ``(5) Extension of decision time review period.--The 
        Administrator and the applicant may mutually agree in writing 
        to extend a decision time review period under this subsection.
    ``(g) Judicial Review.--
            ``(1) In general.--Any applicant adversely affected by the 
        failure of the Administrator to make a determination on the 
        application of the applicant for registration of a new active 
        ingredient or new use for which a registration service fee is 
        paid under this section may obtain judicial review of the 
        failure solely under this section.
            ``(2) Scope.--
                    ``(A) In general.--In an action brought under this 
                subsection, the only issue on review is whether the 
                Administrator failed to make a determination on the 
                application specified in paragraph (1) by the end of 
                the applicable decision time review period required 
                under subsection (f) for the application.
                    ``(B) Other actions.--No other action authorized or 
                required under this section shall be judicially 
                reviewable by a Federal or State court.
            ``(3) Timing.--
                    ``(A) In general.--A person may not obtain judicial 
                review of the failure of the Administrator to make a 
                determination on the application specified in paragraph 
                (1) before the expiration of the 2-year period that 
                begins on the date on which the decision time review 
                period for the application ends.
                    ``(B) Meeting with administrator.--To be eligible 
                to seek judicial review under this subsection, a person 
                seeking the review shall first request in writing, at 
least 120 days before filing the complaint for judicial review, a 
decision review meeting with the Administrator.
            ``(4) Remedies.--The Administrator may not be required or 
        permitted to refund any portion of a registration service fee 
        paid in response to a complaint that the Administrator has 
        failed to make a determination on the covered pesticide 
        registration application specified in paragraph (1) by the end 
        of the applicable decision review period.
    ``(h) Accounting.--The Administrator shall--
            ``(1) provide an annual accounting of the registration 
        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 expenditures from 
        the Fund authorized under subsection (c); and
            ``(3) provide an annual accounting describing collections 
        and expenditures authorized under subsection (d).
    ``(i) Auditing.--
            ``(1) Financial statements of agencies.--For the purpose of 
        section 3515(c) of title 31, United States Code, the Fund shall 
        be considered a component of an executive agency.
            ``(2) Components.--The annual audit required under sections 
        3515(b) and 3521 of that title of the financial statements of 
        activities under this section shall include an analysis of--
                    ``(A) the fees collected under subsection (b) and 
                disbursed;
                    ``(B) compliance with subsection (f);
                    ``(C) the amount appropriated to meet the 
                requirements of subsection (d)(1); and
                    ``(D) the reasonableness of the allocation of the 
                overhead allocation of costs associated with the review 
                and decisionmaking pertaining to applications under 
                this section.
            ``(3) Inspector general.--The Inspector General of the 
        Environmental Protection Agency shall--
                    ``(A) conduct the annual audit required under this 
                subsection; and
                    ``(B) report the findings and recommendations of 
                the audit to the Administrator and to the appropriate 
                committees of Congress.
    ``(j) Personnel Levels.--All full-time equivalent positions 
supported by fees authorized and collected under this section shall not 
be counted against the agency-wide personnel level goals of the 
Environmental Protection Agency.
    ``(k) Reports.--
            ``(1) In general.--Not later than March 1, 2005, and each 
        March 1 thereafter through March 1, 2009, the Administrator 
        shall publish an annual report describing actions taken under 
        this section.
            ``(2) Contents.--The report shall include--
                    ``(A) a review of the progress made in carrying out 
                each requirement of subsections (e) and (f), 
                including--
                            ``(i) the number of applications reviewed, 
                        including the decision times for each 
                        application specified in subsection (f);
                            ``(ii) the number of actions pending in 
                        each category of actions described in 
                        subsection (f)(3), as well as the number of 
                        inert ingredients;
                            ``(iii) to the extent determined 
                        appropriate by the Administrator and consistent 
                        with the authorities of the Administrator and 
                        limitations on delegation of functions by the 
                        Administrator, recommendations for--
                                    ``(I) expanding the use of self-
                                certification in all appropriate areas 
                                of the registration process;
                                    ``(II) providing for accreditation 
                                of outside reviewers and the use of 
                                outside reviewers to conduct the review 
                                of major portions of applications; and
                                    ``(III) reviewing the scope of use 
                                of the notification process to cover 
                                broader categories of registration 
                                actions; and
                            ``(iv) the use of performance-based 
                        contracts, other contracts, and procurement to 
                        ensure that--
                                    ``(I) the goals of this Act for the 
                                timely review of applications for 
                                registration 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 resources 
                relating to the costs associated with the review and 
                decisionmaking pertaining to applications; 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 as the Administrator 
        determines to be the most effective 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 paragraph (2), the 
        authority provided by this section terminates on September 30, 
        2008.
            ``(2) Phase out.--
                    ``(A) Fiscal year 2009.--During fiscal year 2009, 
                the requirement to pay and collect registration service 
                fees applies, except that the level of registration 
                service fees payable under this section shall be 
                reduced 40 percent below the level in effect on 
                September 30, 2008.
                    ``(B) Fiscal year 2010.--During fiscal year 2010, 
                the requirement to pay and collect registration service 
                fees applies, except that the level of registration 
                service fees payable under this section shall be 
                reduced 70 percent below the level in effect on 
                September 30, 2008.
                    ``(C) September 30, 2010.--Effective September 30, 
                2010, the requirement to pay and collect registration 
                service fees terminates.
                    ``(D) Decision review periods.--
                            ``(i) Pending applications.--In the case of 
                        an application received under this section 
                        before September 30, 2008, the application 
                        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.
``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.''.
    (h) Effective Date.--This section and the amendments made by this 
section take effect on October 1, 2003.
                                 <all>