all  interested individuals are  notified of the  availability of such  in- structional materials.
          (d)  IN   GENERAL. -- No regulations  prescribed  by  the   Adminis- trator for  carrying out  the  provisions of this Act  shall require any private  applicator to  maintain any   records or  file  any   reports  or other documents.
          (e)  SEPARATE  STANDARDS. -- When establishing  or  approving standards for  licensing or  certification, the  Administrator shall es- tablish separate standards for  commercial and  private applicators.
          SEC.  12.  ø7 U.S.C. 136j¿ UNLAWFUL ACTS.
              (a) IN  GENERAL. --
              (1) Except as  provided by subsection (b), it shall be unlaw- ful  for  any   person  in  any   State to  distribute or  sell   to  any person --
                  (A) any  pesticide that is not  registered under section 3 or  whose  registration has  been  canceled or  suspended,  ex- cept  to  the   extent that distribution or  sale   otherwise has been  authorized by the  Administrator under this Act;
                  (B)  any  registered pesticide if  any  claims made for  it as  a part of its  distribution or sale  substantially differ  from any  claims made for it as  a  part of the  statement required in connection with its  registration under section 3;
                  (C) any  registered pesticide the  composition of which differs at the  time of its  distribution or  sale  from  its  com-

                  position as  described in  the  statement required in  connec- tion  with its  registration under section 3;
                  (D) any  pesticide which  has  not  been  colored  or  discol- ored  pursuant to the  provisions of section 25(c)(5);
                      (E)  any  pesticide which   is  adulterated or  misbranded;
                  or
                      (F) any  device  which  is misbranded.
                  (2) It shall be unlawful for any  person --
                      (A) to  detach, alter, deface, or  destroy, in  whole  or  in
                  part, any  labeling required under this Act;
                      (B) to refuse to --
                          (i)  prepare, maintain,  or  submit  any   records re-
                      quired by or under section 5, 7, 8, 11, or 19;
                          (ii)  submit any   reports required by  or  under  sec-
                      tion  5, 6, 7, 8, 11, or 19; or
                          (iii) allow  any  entry, inspection, copying  of records,
                      or sampling authorized by this Act;
                      (C)  to  give  a  guaranty or  undertaking  provided for  in
                  subsection (b) which  is  false  in  any  particular,  except that
                  a  person who  receives and  relies upon  a  guaranty author-
                  ized  under subsection (b) may  give  a guaranty to the  same
                  effect,  which  guaranty shall contain, in  addition to the  per-
                  son's  own  name and  address, the  name and  address of the
                  person residing in the  United States from  whom  the  person
                  received the  guaranty or undertaking;
                      (D) to  use  for the  person's own  advantage or to  reveal,
                  other than to  the   Administrator, or  officials   or  employees
                  of  the   Environmental Protection Agency  or  other Federal
                  executive agencies, or to the  courts, or to physicians, phar-
                  macists, and  other qualified persons, needing such  informa-
                  tion  for the  performance of their duties, in  accordance with
                  such  directions as  the  Administrator may  prescribe, any  in-
                  formation acquired by  authority of this Act  which   is  con-
                  fidential under this Act;
                      (E)  who  is  a  registrant,  wholesaler, dealer, retailer, or
                  other distributor  to  advertise a  product registered under
                  this Act  for  restricted use  without giving  the  classification
                  of the  product assigned to it under section 3;
                      (F)  to  distribute or  sell,  or  to  make available for  use,
                  or  to  use,  any  registered  pesticide classified for  restricted
                  use  for some  or all  purposes other than in  accordance with
                  section 3(d)  and  any  regulations thereunder,  except that it
                  shall not  be  unlawful to  sell,  under  regulations issued by
                  the   Administrator, a  restricted use   pesticide to  a  person
                  who  is  not  a  certified applicator for  application by  a  cer-
                  tified  applicator;
                      (G) to  use  any  registered pesticide in  a  manner incon-
                  sistent with its  labeling;
                      (H)  to  use   any   pesticide  which   is  under  an   experi-
                  mental use  permit contrary to  the  provisions of such   per-
                  mit;
                      (I) to violate any  order issued under section 13;
                      (J)  to  violate any   suspension order issued under  sec-
                  tion  3(c)(2)(B),  4, or 6;

                      (K) to  violate any  cancellation order issued under this
                  Act or  to  fail  to  submit a  notice  in  accordance with section
                  6(g);
                      (L)  who  is  a  producer to  violate any  of the  provisions
                  of section 7;
                      (M)  to  knowingly falsify  all  or  part of any  application
                  for  registration,  application for  experimental use   permit,
                  any  information submitted to  the   Administrator pursuant
                  to  section 7, any  records required to  be  maintained pursu-
                  ant to  this Act,  any  report filed  under this Act,  or  any  in-
                  formation marked as  confidential and  submitted to the  Ad-
                  ministrator under any  provision of this Act;
                      (N) who  is  a  registrant,  wholesaler, dealer, retailer, or
                  other distributor to fail  to file  reports required by this Act;
                      (O)  to  add   any   substance to,  or  take any   substance
                  from,  any  pesticide in  a  manner that may  defeat the  pur-
                  pose  of this Act;
                      (P)  to  use  any  pesticide in  tests on  human beings un-
                  less  such  human beings (i) are  fully  informed of the  nature
                  and   purposes of  the   test and   of  any   physical and   mental
                  health 	consequences	which 	are 	reasonably 	foreseeable
                  therefrom,  and   (ii)  freely   volunteer  to  participate in  the
                  test;
                      (Q) to  falsify  all  or  part of any  information relating to
                  the  testing of any  pesticide (or  any  ingredient, metabolite,
                  or  degradation  product  thereof),  including  the   nature of
                  any  protocol, procedure, substance, organism, or equipment
                  used, observation made, or  conclusion or  opinion formed,
                  submitted to  the  Administrator, or  that the  person knows
                  will  be  furnished to  the   Administrator or  will  become   a
                  part of any  records required to  be  maintained by  this Act;
                      (R)  to  submit to  the   Administrator data  known to  be
                  false  in support of a registration; or
                      (S)  to  violate any  regulation issued under section 3(a)
                  or 19.
              (b)   EXEMPTIONS. -- The  penalties  provided  for   a   violation  of
          paragraph (1) of subsection (a) shall not  apply to --
                  (1) any  person who  establishes a  guaranty  signed by,  and
              containing the   name and   address of,  the   registrant or  person
              residing in  the  United States from  whom  the  person purchased
              or  received in  good  faith the   pesticide in  the   same unbroken
              package, to the  effect  that the  pesticide was  lawfully registered
              at the  time of sale  and  delivery to the  person, and  that it com-
              plies  with the  other requirements of this Act,  and  in  such  case
              the  guarantor shall be subject to the  penalties which  would  oth-
              erwise attach  to  the   person  holding the   guaranty under the
              provisions of this Act;
                  (2) any  carrier while  lawfully shipping, transporting,  or de-
              livering for  shipment any   pesticide or  device,   if  such   carrier
              upon  request of any  officer  or  employee duly  designated by the
              Administrator shall permit such  officer  or  employee to  copy  all
              of its  records concerning such  pesticide or device;
                  (3) any  public  official  while  engaged in  the  performance of
              the  official  duties of the  public  official;

              (4)  any   person using or  possessing any   pesticide as  pro- vided  by  an  experimental use  permit in  effect  with respect to such  pesticide and  such  use  or possession; or
              (5)  any   person who  ships a  substance or  mixture of  sub- stances being  put  through tests in  which  the  purpose is only  to determine its  value for  pesticide purposes or  to  determine its toxicity or  other properties and   from  which   the  user does  not expect to receive any  benefit in pest control from  its  use.
          SEC.  13.  ø7 U.S.C. 136k¿ STOP SALE, USE, REMOVAL, AND  SEIZURE.
          (a)  STOP  SALE, ETC., ORDERS. -- Whenever any  pesticide or  de- vice is found  by the  Administrator in  any  State and  there is reason to  believe on  the  basis of inspection or  tests that such  pesticide or device  is  in  violation of  any   of  the   provisions of  this Act,  or  that such   pesticide or  device  has   been  or  is  intended to  be  distributed or sold  in  violation of any  such  provisions, or when the  registration of the  pesticide has  been  canceled by a final  order or has  been  sus- pended,  the   Administrator  may   issue  a  written or  printed ``stop sale, use,  or  removal''  order to  any   person who  owns,   controls, or has   custody of  such   pesticide or  device,   and   after receipt of  such order no person shall sell,  use,  or remove the  pesticide or device  de- scribed in  the  order except in  accordance with the  provisions of the order.
          (b) SEIZURE. -- Any pesticide or  device  that is  being  transported or, having been  transported, remains unsold or in original unbroken packages, or  that is  sold  or  offered  for  sale  in  any  State, or  that is imported from   a  foreign country, shall  be  liable to  be  proceeded against in  any  district court in  the   district where it is  found   and seized for confiscation by a process in rem  for condemnation  if --
                  (1) in the  case  of a pesticide --
                      (A) it is adulterated or misbranded;
                  (B)  it is  not  registered pursuant  to  the   provisions of section 3;
                  (C)  its  labeling fails  to  bear the   information required by this Act;
                  (D) it is  not  colored  or  discolored and  such  coloring  or discoloring is required under this Act; or
                  (E)  any  of the  claims made for  it or  any  of the  direc- tions for  its  use   differ   in  substance from  the   representa- tions made in connection with its  registration;
                  (2) in the  case  of a device,  it is misbranded; or
              (3) in the  case  of a pesticide or device,  when used in accord- ance  with the  requirements imposed under this Act  and  as  di- rected by  the  labeling, it nevertheless causes unreasonable ad- verse effects  on the  environment.
          In  the  case  of a  plant regulator, defoliant, or  desiccant, used in  ac- cordance with the  label  claims and  recommendations, physical or physiological effects  on  plants or  parts thereof shall not  be  deemed to  be injury, when such  effects  are  the  purpose for  which  the  plant regulator, defoliant, or desiccant was  applied.
          (c) DISPOSITION  AFTER CONDEMNATION. -- If the  pesticide or  de- vice  is  condemned it shall, after entry of the  decree, be  disposed of by  destruction or  sale  as  the  court may  direct and  the  proceeds,  if sold,   less   the   court costs,   shall be  paid   into   the   Treasury of  the United States, but  the  pesticide or device  shall not  be sold  contrary to the  provisions of this Act or the  laws  of the  jurisdiction in  which

          and  the  execution and  delivery of a  good and  sufficient bond  condi- tioned that the  pesticide or device  shall not  be sold  or otherwise dis- posed  of contrary to the  provisions of the  Act or the  laws  of any  ju- risdiction in  which  sold,  the  court may  direct that such  pesticide or device  be delivered to the  owner thereof. The  proceedings of such condemnation cases   shall  conform, as  near as  may  be  to  the   pro- ceedings in  admiralty, except that  either party may  demand trial by  jury   of  any   issue of  fact  joined   in  any   case,   and   all  such   pro- ceedings shall  be  at the   suit of  and   in  the   name of  the   United States.
          (d) COURT  COSTS, ETC. -- When a  decree of condemnation is  en- tered against the  pesticide or  device,  court costs  and  fees,  storage, and  other proper expenses shall be  awarded against the  person,  if any,  intervening as  claimant of the  pesticide or device.
          SEC.  14.  ø7 U.S.C. 136l¿ PENALTIES.
              (a) CIVIL PENALTIES. --
              (1)  IN    GENERAL. -- Any registrant,   commercial applicator, wholesaler, dealer, retailer,  or  other distributor  who  violates any  provision of this Act may  be assessed a civil  penalty by the Administrator of not  more  than $5,000 for each  offense.
              (2)  PRIVATE  APPLICATOR. -- Any private  applicator or  other person not  included in paragraph (1) who violates any  provision of this Act  subsequent to  receiving a  written warning from  the Administrator or  following a  citation for  a  prior violation, may be  assessed a  civil  penalty by  the   Administrator of  not  more than $1,000 for each  offense, except that any  applicator not  in- cluded under paragraph (1) of this subsection who  holds  or  ap- plies   registered pesticides, or  uses dilutions of registered  pes- ticides, only  to provide a service of controlling pests without de- livering any  unapplied pesticide to  any  person so  served, and who  violates any  provision of this Act  may  be  assessed a  civil
          penalty by  the   Administrator of  not   more   than $500   for  the
              first offense  nor  more  than $1,000 for  each  subsequent offense. (3) HEARING. -- No civil  penalty shall be assessed unless the person charged shall have been   given   notice   and   opportunity for  a  hearing on  such   charge in  the   county, parish,  or  incor-
              porated city  of the  residence of the  person charged.
              (4)   DETERMINATION   OF     PENALTY. -- In determining the amount of the  penalty, the  Administrator shall consider the  ap- propriateness of such  penalty to  the  size  of the  business of the person charged, the  effect  on the  person's ability to continue in business, and  the  gravity of the  violation. Whenever the  Ad- ministrator finds   that the  violation occurred despite the  exer- cise  of due  care  or  did  not  cause significant harm to  health or the   environment, the   Administrator may   issue a  warning in lieu  of assessing a penalty.
              (5) REFERENCES TO  ATTORNEY GENERAL. -- In case  of inabil- ity  to  collect  such  civil  penalty or  failure of any  person to  pay all,  or  such   portion of such   civil  penalty as  the  Administrator may  determine, the  Administrator shall refer the  matter to the Attorney General, who  shall recover such  amount by  action in the  appropriate United States district court.
                  (b) CRIMINAL PENALTIES. --  (1) IN  GENERAL. --
                  (A) Any  registrant, applicant for a  registration, or pro- ducer  who   knowingly  violates  any   provision  of  this   Act

                  shall be fined  not  more  than $50,000 or imprisoned for not more  than 1 year, or both.
                  (B) Any  commercial applicator of a  restricted use  pes- ticide, or  any  other person not  described in  subparagraph (A) who distributes or sells  pesticides or devices, who knowingly violates any  provision of this Act  shall be  fined not  more  than $25,000 or  imprisoned for  not  more  than 1 year, or both.
              (2)  PRIVATE  APPLICATOR. -- Any private  applicator or  other person not  included in  paragraph (1)  who  knowingly violates any  provision of this Act  shall be  guilty of a  misdemeanor and shall on  conviction be  fined   not  more   than  $1,000, or  impris- oned  for not  more  than 30 days, or both.
              (3) DISCLOSURE OF  INFORMATION. -- Any person, who, with intent to  defraud, uses or  reveals information relative to  for- mulas of  products acquired under  the   authority of  section  3, shall be  fined   not   more   than  $10,000, or  imprisoned for  not more  than three years, or both.
              (4) ACTS OF   OFFICERS,  AGENTS, ETC. -- When construing and enforcing the  provisions of this Act, the  act,  omission, or failure of any  officer,  agent, or  other person acting for  or  employed by any   person shall in  every   case  be  also  deemed to  be  the   act, omission, or failure of such  person as  well  as  that of the  person employed.
          SEC.  15.  ø7 U.S.C. 136m¿ INDEMNITIES.
              (a) GENERAL INDEMNIFICATION. --
                  (1) IN   GENERAL. -- Except as  otherwise provided in  this sec-
              tion,  if --
                      (A) the   Administrator  notifies a  registrant  under sec-
                  tion   6(c)(1)  that the   Administrator intends  to  suspend a
                  registration or  that an  emergency order of suspension of a
                  registration under section 6(c)(3) has  been  issued;
                      (B)  the   registration  in   question  is  suspended under
                  section 6(c),  and   thereafter is  canceled under  section 6(b),
                  6(d), or 6(f); and
                      (C)  any   person who  owned   any   quantity of  the   pes-
                  ticide immediately before  the  notice  to the  registrant under
                  subparagraph (A)  suffered losses by  reason of  suspension
                  or cancellation of the  registration;
              the   Administrator  shall  make  an   indemnity  payment  to  the
              person.
                  (2)  EXCEPTION. -- Paragraph (1)  shall not  apply if  the   Ad-
              ministrator finds  that the  person --
                      (A) had  knowledge of facts  that, in  themselves, would
                  have shown that  the   pesticide did  not   meet the   require-
                  ments of section 3(c)(5) for registration; and
                      (B) continued thereafter to  produce the  pesticide with-
                  out  giving  timely notice  of such  facts  to  the  Administrator.
                  (3)  REPORT. -- If the   Administrator takes  an   action under
              paragraph (1) that requires the  payment of indemnification, the
              Administrator shall report to  the  Committee on  Agriculture of
              the   House of  Representatives, the   Committee on  Agriculture,
              Nutrition, and  Forestry of the  Senate, and  the  Committees on
              Appropriations of the  House of Representatives and  the  Senate
              on --

                  (A)  the   action taken  that  requires  the   payment  of indemnification;
                      (B) the  reasons for taking the  action;
                      (C) the  estimated cost  of the  payment; and
                      (D)  a  request for  the   appropriation of  funds for  the
                  payment.
              (4)  APPROPRIATION. -- The Administrator  may   not   make a payment of indemnification under paragraph (1)  unless a  spe- cific line  item appropriation of funds has  been  made in  advance for the  payment.
              (b)  INDEMNIFICATION  OF   END  USERS, DEALERS, AND  DISTRIBU-
          TORS. --
                  (1) END USERS. -- If --
                  (A) the   Administrator  notifies a  registrant  under sec- tion   6(c)(1)  that the   Administrator intends  to  suspend a registration or  that an  emergency order of suspension of a registration under section 6(c)(3) has  been  issued;
                  (B) the  registration in question is suspended under sec- tion  6(c), and  thereafter is canceled under section 6(b), 6(d), or 6(f); and
                  (C)  any  person who,  immediately before  the   notice   to the  registrant under subparagraph (A), owned  any  quantity of the  pesticide for  purposes of applying or  using the  pes- ticide as  an  end  user, rather than for  purposes of distrib- uting or  selling it or  further processing it for  distribution or  sale, suffered a  loss  by reason of the  suspension or  can- cellation of the  pesticide;
              the   person shall be  entitled to  an   indemnity payment under this subsection for such  quantity of the  pesticide.
                  (2) DEALERS AND DISTRIBUTORS. --
                  (A)  Any   registrant,  wholesaler, dealer,  or  other  dis- tributor  (hereinafter in   this  paragraph  referred to  as   a
                  ``seller'') of  a  registered  pesticide who  distributes or  sells the  pesticide directly to any  person not  described as  an  end user in paragraph (1)(C) shall, with respect to any  quantity of the  pesticide that such  person cannot use  or  resell as  a result of the  suspension or cancellation of the  pesticide, re- imburse such  person for the  cost  of first acquiring the  pes- ticide from  the  seller (other than the  cost  of transportation, if any),  unless the  seller provided to the  person at the  time of  distribution or  sale   a  notice, in  writing, that  the   pes- ticide is not  subject to reimbursement by the  seller.
                      (B) If --
                      (i) the  Administrator notifies a registrant under section 6(c)(1)  that the   Administrator intends to  sus- pend a  registration or  that an  emergency order of sus- pension of a registration under section 6(c)(3) has  been issued;
                      (ii) the  registration in  question is suspended under section 6(c),  and   thereafter is  canceled under  section
                      6(b), 6(d), or 6(f);
                      (iii) any  person who,  immediately before  the  notice to the  registrant  under clause (i) --
                          (I) had  not  been  notified in writing by the  sell- er,  as  provided under subparagraph  (A), that any quantity of the  pesticide owned  by  such  person is

                          not  subject to  reimbursement by  the  seller in  the event of suspension or cancellation of the  pesticide; and
                          (II)  owned   any   quantity of  the   pesticide  for purposes of --
                                  (aa)  distributing or selling it; or
                                  (bb)  further processing it for  distribution
                                     or sale  directly to an  end  user;
                      suffered a loss  by reason of the  suspension or cancella-
                      tion  of the  pesticide; and
                          (iv)  the   Administrator determines on  the   basis of
                      a  claim  of loss  submitted to  the  Administrator by  the
                      person, that the  seller --
                              (I) did  not  provide the  notice  specified in  sub-
                          paragraph (A) to such  person; and
                              (II)  is  and   will  continue to  be  unable to  pro-
                          vide   reimbursement  to  such   person,  as   provided
                          under subparagraph (A), for the  loss  referred to in
                          clause (iii),  as  a  result of the  insolvency or  bank-
                          ruptcy of  the   seller and   the   seller's   resulting  in-
                                 ability to provide such  reimbursement;
                  the   person  shall  be   entitled  to   an   indemnity  payment
                   under this subsection for such  quantity of the  pesticide.
                      (C)  If  an   indemnity payment is  made by  the   United
                  States under this paragraph, the   United States  shall  be
                  subrogated  to   any   right  that  would   otherwise  be   held
                  under this paragraph by  a  seller who  is  unable to  make a
                  reimbursement in  accordance with this paragraph with re-
                  gard to  reimbursements that  otherwise would   have been
                  made by the  seller.
                  (3)  SOURCE. -- Any payment  required  to   be   made under
              paragraph (1) or  (2) shall be  made from  the  appropriation  pro-
              vided  under section 1304  of title 31, United States Code.
                  (4)  ADMINISTRATIVE  SETTLEMENT. -- An administrative  set-
              tlement of a  claim  for  such  indemnity may  be  made in  accord-
              ance   with  the   third  paragraph  of  section  2414   of  title  28,
              United States Code,  and  shall be  regarded as  if it were  made
              under  that  section for  purposes  of  section  1304   of  title  31,
              United States Code.
              (c) AMOUNT OF  PAYMENT. --
                  (1)  IN    GENERAL. -- The amount  of  an   indemnity payment
              under subsection (a)  or  (b)  to  any  person shall be  determined
              on  the   basis of the   cost  of the   pesticide owned   by  the   person
              (other than the  cost  of transportation, if any)  immediately  be-
              fore  the  issuance of the  notice   to  the  registrant referred to  in
              subsection (a)(1)(A),  (b)(1)(A),  or  (b)(2)(B)(i),  except that  in  no
              event shall an  indemnity payment to any  person exceed  the  fair
              market value of the  pesticide owned  by the  person immediately
              before  the  issuance of the  notice.
                  (2) SPECIAL  RULE. -- Notwithstanding any  other provision of
              this Act,  the  Administrator may  provide a  reasonable time for
              use  or other disposal of the  pesticide. In  determining the  quan-
              tity   of any   pesticide for  which   indemnity shall be  paid   under
              this section, proper adjustment shall be made for any  pesticide
              used or otherwise disposed of by the  owner.

                   SEC.   16.   ø7   U.S.C.  136n¿  ADMINISTRATIVE PROCEDURE;  JUDICIAL REVIEW.
          (a)  DISTRICT  COURT  REVIEW. -- Except as  otherwise provided in this Act,  the   refusal of  the   Administrator to  cancel or  suspend a registration or to change a classification not  following a hearing and other final  actions of the  Administrator not  committed to the  discre- tion   of  the   Administrator by  law  are   judicially reviewable by  the district courts of the  United States.
          (b) REVIEW  BY  COURT  OF   APPEALS. -- In the  case  of actual  con- troversy as  to the  validity of any  order issued by the  Administrator following  a  public   hearing, any   person who  will  be  adversely  af- fected  by  such  order and  who  had  been  a  party to  the  proceedings may  obtain judicial review by  filing  in  the   United States court of appeals for  the  circuit wherein such  person resides or  has  a  place of business, within 60 days  after the  entry of such  order, a petition praying that the  order be  set  aside in  whole  or  in  part. A copy  of
          the  petition shall be forthwith transmitted by the  clerk  of the  court
          to the  Administrator or any  officer  designated by the  Administrator for  that purpose, and  thereupon the  Administrator shall file  in  the court  the   record  of  the   proceedings  on  which   the   Administrator based the  Administrator's order, as  provided in  section 2112  of title
          28,  United States Code.  Upon  the  filing  of such   petition the  court shall  have  exclusive jurisdiction to  affirm or  set   aside the   order complained of in  whole  or  in  part. The  court shall consider all  evi- dence  of record. The  order of the  Administrator shall be  sustained if  it is  supported by  substantial  evidence when considered on  the record as  a  whole.  The  judgment of the  court affirming or  setting aside, in  whole   or  in  part, any   order under  this  section shall be final, subject to  review by the  Supreme Court of the  United States upon   certiorari or  certification as  provided in  section 1254  of title
          28  of  the   United States Code.  The  commencement of  proceedings under this section shall not,  unless specifically ordered by the  court to the  contrary, operate as  a stay of an  order.
          (c)  JURISDICTION  OF   DISTRICT  COURTS. -- The district  courts of the   United States  are   vested  with  jurisdiction  specifically to  en- force,  and  to prevent and  restrain violations of, this Act.
          (d) NOTICE OF   JUDGMENTS. -- The Administrator shall, by publi- cation in  such  manner as  the  Administrator may  prescribe, give  no- tice  of all  judgments entered in actions instituted under the  author- ity  of this Act.
          SEC.  17.  ø7 U.S.C. 136o¿ IMPORTS AND  EXPORTS.
          (a) PESTICIDES AND DEVICES INTENDED FOR EXPORT. -- Notwith- standing any  other provision this Act,  no  pesticide or  device  or  ac- tive  ingredient used in  producing a pesticide intended solely  for ex- port   to  any   foreign country shall  be  deemed  in  violation  of  this Act --
              (1) when prepared or packed according to the  specifications or  directions of the  foreign purchaser, except that  producers of such  pesticides and  devices and  active ingredients used in  pro- ducing pesticides shall be  subject to  sections 2(p),  2(q)  (1) (A), (C), (D), (E),  (G), and  (H),  2(q)  (2) (A), (B), (C) (i) and  (iii),  and (D), 7, and  8 of this Act; and
              (2) in  the  case  of any  pesticide other than a  pesticide reg- istered under section 3 or sold  under section 6(a)  (1) of this Act, if, prior to export, the  foreign purchaser has  signed a statement acknowledging that  the  purchaser understands that such   pes-

              ticide is not  registered for use  in  the  United States and  cannot be sold  in the  United States under this Act.
          A copy of that statement shall be transmitted to an  appropriate  offi- cial  of the  government of the  importing country.
          (b) CANCELLATION NOTICES FURNISHED  TO  FOREIGN GOVERN- MENTS. -- Whenever a registration, or a cancellation or suspension of the  registration of a  pesticide becomes effective, or  ceases to  be  ef- fective,  the  Administrator shall transmit through the  State Depart- ment notification thereof to the  governments of other countries and to  appropriate international agencies. Such  notification shall, upon request, include all  information related to  the  cancellation or  sus- pension  of  the   registration of  the   pesticide  and   information  con- cerning other pesticides that are  registered under section 3 of this Act and  that could  be used in lieu  of such  pesticide.
          (c)  IMPORTATION  OF   PESTICIDES   AND  DEVICES. -- The Secretary of the  Treasury shall notify  the  Administrator of the  arrival of pes- ticides and  devices and  shall deliver to the  Administrator, upon  the Administrator's request, samples of pesticides or  devices which  are being   imported into  the  United States, giving   notice   to  the  owner
          or  consignee, who  may  appear before  the   Administrator and   have
          the  right to introduce testimony. If it appears from  the  examination
          of a  sample that it is  adulterated, or  misbranded or  otherwise  vio-
          lates the  provisions set  forth in  this Act,  or  is  otherwise injurious
          to health or the  environment, the  pesticide or device  may  be refused
          admission, and  the  Secretary of the  Treasury shall refuse delivery
          to the  consignee and  shall cause the  destruction of any  pesticide or
          device  refused delivery which  shall not  be exported by the  consignee
          within 90  days  from  the  date of notice  of such  refusal under such
          regulations as  the   Secretary of  the   Treasury may   prescribe.  The
          Secretary of  the   Treasury may   deliver to  the   consignee such   pes-
          ticide or  device  pending examination and  decision in  the  matter on
          execution of bond  for  the  amount of the  full  invoice  value of such
          pesticide or  device,  together with the  duty thereon, and  on  refusal
          to  return such   pesticide or  device  for  any  cause to  the   custody of
          the  Secretary of the  Treasury, when demanded, for  the  purpose of
          excluding them  from   the   country, or  for  any   other purpose, said
          consignee shall forfeit  the  full  amount of said  bond.  All charges for
          storage, cartage, and   labor on  pesticides or  devices which   are   re-
          fused admission or delivery shall be paid  by the  owner or consignee,
          and  in  default of such  payment shall constitute a  lien  against any
          future importation made by such  owner or consignee.
              (d) COOPERATION IN  INTERNATIONAL EFFORTS. --
                  (1)  IN   GENERAL. -- The Administrator  shall, in  cooperation
              with the  Department of State and  any  other appropriate  Fed-
              eral agency, participate and  cooperate in  any  international  ef-
               forts  to develop improved pesticide research and  regulations.
                  (2)  DEPARTMENT  OF    STATE   EXPENSES. -- Any  expenses  in-
              curred by an  employee of the  Environmental  Protection Agency
              who  participates in  any   international  technical, economic, or
              policy  review board,  committee, or  other official  body  that  is
              meeting in  relation to  an  international treaty shall be  paid  by
              the  Department of State.
              (e) REGULATIONS. -- The Secretary of the  Treasury, in  consulta-
          tion  with the  Administrator, shall prescribe regulations for  the  en-
          forcement of subsection (c) of this section.

                   SEC.  18.  ø7  U.S.C. 136p¿ EXEMPTION OF  FEDERAL AND  STATE AGEN- CIES.
          The  Administrator may,   at the   Administrator's  discretion,  ex- empt any  Federal or  State agency from  any  provision of this Act  if the    Administrator  determines  that   emergency  conditions  exist which  require such  exemption. The  Administrator, in determining whether or  not  such  emergency conditions exist, shall consult with the   Secretary of  Agriculture and   the   Governor of  any   State  con- cerned if they request such  determination.
                   SEC.   19.   ø7   U.S.C.  136q¿  STORAGE,  DISPOSAL,  TRANSPORTATION, AND  RECALL.
              (a) STORAGE, DISPOSAL, AND TRANSPORTATION. --
                  (1) 	DATA 	REQUIREMENTS 	AND	REGISTRATION 	OF 	PES-
              TICIDES. -- The Administrator may  require under section 3 or  6
              that --
                  (A) the  registrant or applicant for registration of a pes- ticide submit or cite  data or information regarding methods for the  safe  storage and  disposal of excess  quantities of the pesticide to  support the  registration or  continued registra- tion  of a pesticide;
                  (B)  the   labeling  of  a  pesticide contain requirements and   procedures  for  the   transportation,  storage, and   dis- posal   of the   pesticide, any   container of the   pesticide, any rinsate containing the  pesticide, or any  other material used to  contain or  collect  excess  or  spilled quantities of the  pes- ticide;  and
                  (C) the  registrant of a pesticide provide evidence of suf- ficient financial and   other resources to  carry out  a  recall plan under subsection (b),  and   provide for  the   disposition of the  pesticide, in the  event of suspension and  cancellation of the  pesticide.
              (2)  PESTICIDES. -- The Administrator may  by  regulation, or as  part of an  order issued under section 6 or an  amendment to such  an  order --
                  (A)  issue requirements and   procedures to  be  followed by any  person who  stores or transports a pesticide the  reg-
                  istration of which  has  been  suspended or canceled;
                  (B)  issue requirements and   procedures to  be  followed by any  person who  disposes of stocks of a pesticide the  reg- istration of which  has  been  suspended; and
                  (C) issue requirements and  procedures for the  disposal of  any   pesticide the   registration of  which   has   been   can- celed.
              (3) CONTAINERS, RINSATES, AND OTHER MATERIALS. -- The Administrator may  by regulation, or  as  part of an  order issued under section 6 or an  amendment to such  an  order --
                  (A)  issue requirements and   procedures to  be  followed by  any  person who  stores or  transports any  container of a pesticide the  registration of which  has  been  suspended or canceled, any  rinsate containing the  pesticide, or any  other material used to  contain or  collect  excess  or  spilled quan- tities of the  pesticide;
                  (B)  issue requirements and   procedures to  be  followed by any  person who  disposes of stocks of any  container of a pesticide the  registration of which  has  been  suspended, any rinsate containing the  pesticide, or any  other material used

                  to  contain or  collect  excess  or  spilled quantities of the  pes- ticide;  and
                  (C) issue requirements and  procedures for the  disposal of any  container of a pesticide the  registration of which  has been  canceled, any  rinsate containing the  pesticide, or  any other material used to  contain or  collect  excess   or  spilled
                  quantities of the  pesticide.
              (4) CONTAINER RECYCLING. -- The Secretary may  promulgate a regulation for the  return and  recycling of disposable pesticide containers used for  the   distribution or  sale   of  registered  pes- ticide products in  interstate commerce. Any  such  regulation re- quiring recycling of disposable pesticide containers shall not apply to  antimicrobial  pesticides (as  defined  in  section  2)  or other pesticide products intended for non-agricultural uses.
              (b) RECALLS. --
              (1) IN  GENERAL. -- If the  registration of a pesticide has  been suspended and   canceled under  section 6,  and   if  the   Adminis- trator finds  that recall of the  pesticide is  necessary to  protect health or  the  environment, the  Administrator shall order a  re- call  of the  pesticide in accordance with this subsection.
              (2) VOLUNTARY  RECALL. -- If, after determining under para- graph (1)  that a  recall is  necessary, the   Administrator  finds that voluntary recall by  the  registrant and  others in  the  chain of distribution may  be as  safe  and  effective as  a  mandatory re- call,  the  Administrator shall request the  registrant of the  pes- ticide to  submit, within 60  days  of the  request, a  plan for  the voluntary recall of the  pesticide. If such  a plan is requested and submitted, the  Administrator shall approve the  plan and  order the  registrant to conduct the  recall in  accordance with the  plan unless   the     Administrator   determines,   after   an    informal hearing, that the   plan is  inadequate to  protect health or  the environment.
              (3) MANDATORY  RECALL. -- If, after determining under para- graph (1) that a recall is necessary, the  Administrator does  not request the  submission of a  plan under paragraph (2) or  finds such  a plan to be inadequate, the  Administrator shall issue a regulation that prescribes a  plan for  the  recall of the  pesticide. A  regulation issued under this  paragraph  may   apply to  any person who  is  or  was  a  registrant, distributor, or  seller of the pesticide, or any  successor in interest to such  a person.
              (4)  RECALL  PROCEDURE. -- A  regulation issued under this subsection may  require any  person that is subject to the  regula- tion  to --
                  (A) arrange to  make available one  or  more  storage fa- cilities to receive and  store the  pesticide to which  the  recall program applies, and  inform the  Administrator of the  loca- tion  of each  such  facility;
                  (B)  accept and   store at such   a  facility those existing stocks of such  pesticide that are  tendered by any  other per- son  who  obtained the   pesticide directly or  indirectly from the  person that is subject to such  regulation;
                  (C)  on  the  request of a  person making such   a  tender, provide for proper transportation of the  pesticide to  a  stor- age  facility; and
                  (D)  take such   reasonable steps as  the  regulation may prescribe to inform persons who  may  be holders of the  pes-

                  ticide of the  terms of the  recall regulation and   how  those persons may  tender the  pesticide and  arrange for transpor- tation of the  pesticide to a storage facility.
              (5)  CONTENTS  OF   RECALL PLAN. -- A recall plan established under this subsection shall include --
                  (A) the  level  in  the  distribution chain to  which  the  re- call  is to extend, and  a schedule for recall; and
                  (B) the  means to  be  used to  verify  the  effectiveness of the  recall.
              (6) REQUIREMENTS OR  PROCEDURES. -- No requirement or procedure  imposed in  accordance with  paragraph  (2)  of  sub- section (a)  may  require the  recall of existing stocks of the  pes- ticide except as  provided by this subsection.
              (c) STORAGE COSTS. --
              (1)  SUBMISSION  OF   PLAN. -- A registrant  who  wishes to  be- come  eligible for  reimbursement of storage costs  incurred as  a result of a recall prescribed under subsection (b) for a pesticide whose   registration has   been  suspended and   canceled shall, as soon  as  practicable after the   suspension of the   registration of the  pesticide, submit to  the  Administrator a  plan for  the  stor- age  and  disposal of the  pesticide that meets criteria established by the  Administrator by regulation.
              (2)  REIMBURSEMENT. -- Within a  reasonable  period of  time after  such   storage  costs   are   incurred  and   paid   by  the   reg- istrant, the  Administrator shall reimburse the  registrant, on re- quest, for --
                  (A) none  of the  costs  incurred by  the  registrant  before the  date of submission of the  plan referred to in  paragraph (1) to the  Administrator;
                  (B) 100  percent of the  costs  incurred by  the  registrant after the   date of  submission of  the   plan to  the   Adminis- trator or  the  date of cancellation of the  registration of the pesticide, whichever is later, but  before  the  approval of the plan by the  Administrator;
                  (C)  50  percent of the  costs  incurred by  the  registrant during the  1-year period beginning on  the  date of the  ap- proval of the  plan by the  Administrator or the  date of can- cellation of  the   registration of  the   pesticide, whichever is later;
                  (D) none  of the  costs  incurred by the  registrant during the  3-year period beginning on the  366th day  following ap- proval of the  plan by the  Administrator or the  date of can- cellation of  the   registration of  the   pesticide, whichever is later; and
                  (E)  25  percent of the  costs  incurred by  the  registrant during the  period beginning on the  first day  of the  5th  year following the  date of the  approval of the  plan by the  Ad- ministrator or the  date of cancellation of the  registration of the   pesticide, whichever is  later, and   ending on  the   date that a disposal permit for the  pesticide is issued by a State or an  alternative plan for disposal of the  pesticide in ac- cordance with applicable law  has  been  developed.
              (d)  ADMINISTRATION  OF   STORAGE, DISPOSAL,  TRANSPORTATION,
          AND RECALL PROGRAMS. --
              (1) VOLUNTARY AGREEMENTS. -- Nothing  in  this section shall be  construed as  preventing or  making unlawful any  agreement

              between a  seller and   a  buyer of  any   pesticide or  other  sub- stance regarding the  ultimate allocation of the  costs  of storage, transportation, or disposal of a pesticide.
              (2)  RULE  AND  REGULATION  REVIEW. -- Section 25(a)(4)  shall not  apply to  any   regulation issued under  subsection (a)(2)  or (b).
              (3) LIMITATIONS. -- No registrant shall be  responsible under this section for  a  pesticide the  registration of which  is  held  by another  person. No  distributor or  seller shall  be  responsible under this section for  a  pesticide that the  distributor or  seller did  not  hold  or sell.
              (4)  SEIZURE   AND  PENALTIES. -- If  the   Administrator  finds that a person who  is subject to a regulation or order under sub- section (a)(2)  or (b) has  failed  substantially to comply  with that regulation or  order, the   Administrator may  take action under section 13  or  14  or  obtain injunctive relief  under  section 16(c) against such   person or  any   successor in  interest of  any   such person.
                  (e) CONTAINER DESIGN. --  (1) PROCEDURES. --
                  (A)  Not  later than 3  years after the   effective date  of this  subsection  [December 24,   1988],   the   Administrator shall, in  consultation with  the   heads of  other interested Federal agencies, promulgate regulations for  the  design of pesticide containers that will  promote the  safe  storage and disposal of pesticides.
                  (B)  The  regulations shall ensure, to  the  fullest extent practicable, that the  containers --
                      (i)  accommodate procedures used for  the   removal of pesticides from  the  containers and  the  rinsing of the containers;
                      (ii) facilitate the  safe  use  of the  containers, includ- ing   elimination  of  splash  and   leakage  of  pesticides from  the  containers;
                          (iii)  facilitate the   safe   disposal of  the   containers;

                                                                            and

(iv)   facilitate  the    safe    refill    and    reuse  of   the

                      containers.
                  (2) COMPLIANCE. -- The Administrator shall require compli-
              ance  with the  regulations referred to in  paragraph (1) not  later
              than 5 years after the  effective date of this subsection [Decem-
              ber  24, 1988].
              (f) PESTICIDE RESIDUE REMOVAL. --
                  (1) PROCEDURES. --
                      (A)  Not  later than 3  years after the   effective date  of
                  this  subsection  [December 24,   1988],   the   Administrator
                  shall, in  consultation with  the   heads of  other interested
                  Federal agencies, promulgate regulations prescribing proce-
                  dures and  standards for the  removal of pesticides from  con-
                  tainers prior to disposal.
                      (B) The  regulations may --
                          (i)  specify,   for  each   major  type   of  pesticide  con-
                      tainer,  procedures and   standards  providing for,  at a
                      minimum, triple  rinsing  or  the   equivalent  degree of
                      pesticide removal;

                      (ii)  specify   procedures that  can   be  implemented promptly and  easily in  various circumstances and  con- ditions;
                      (iii) provide for reuse, whenever practicable, or disposal of rinse water and  residue; and
                      (iv) be coordinated with requirements for  the  rins- ing  of containers imposed under the  Solid  Waste Dis- posal  Act (42 U.S.C.  6901  et seq.).
                  (C) The  Administrator may,  at the  discretion of the  Ad- ministrator, exempt products intended solely  for household use  from  the  requirements of this subsection.
              (2) COMPLIANCE. -- Effective beginning 5 years after the  ef- fective  date of this subsection [December 24, 1988],  a State may not  exercise primary  enforcement responsibility under  section
              26, or certify an  applicator under section 11, unless the  Admin- istrator determines that the  State is  carrying out  an  adequate program to ensure compliance with this subsection.
              (3) SOLID WASTE DISPOSAL  ACT. -- Nothing in  this subsection shall affect  the  authorities or requirements concerning pesticide containers  under  the   Solid   Waste  Disposal  Act   (42   U.S.C.
              6901).
              (g) PESTICIDE  CONTAINER STUDY. --
                  (1) STUDY. --
                      (A) The  Administrator shall conduct a study of options
                  to encourage or require --
                          (i)  the   return, refill,   and   reuse of  pesticide  con-
                      tainers;
                          (ii)  the  development and  use  of pesticide formula-
                      tions that  facilitate the   removal of  pesticide residues
                      from  containers; and
                          (iii)  the  use  of bulk  storage facilities to  reduce the
                      number of pesticide containers requiring disposal.
                      (B) In  conducting the  study, the  Administrator  shall --
                          (i) consult with the  heads of other interested Fed-
                      eral agencies, State agencies, industry groups, and  en-
                      vironmental organizations; and
                          (ii) assess the  feasibility, costs,  and  environmental
                      benefits of encouraging or  requiring various measures
                      or actions.
                  (2) REPORT. -- Not later than 2 years after the  effective date
              of this subsection [December 24,  1988],  the  Administrator shall
              submit to  Congress a  report describing the  results of the  study
              required under paragraph (1).
              (h) RELATIONSHIP TO  SOLID WASTE DISPOSAL ACT. --
                  (1) IN  GENERAL. -- Nothing in this section shall diminish the
              authorities or requirements of the  Solid  Waste Disposal Act (42
              U.S.C.  6901  et seq.).
                  (2)  ANTIMICROBIAL  PRODUCTS. -- A household, industrial,  or
              institutional antimicrobial product that is not  subject to regula-
              tion   under the   Solid   Waste  Disposal Act  (42  U.S.C.   6901   et
              seq.)  shall not  be  subject to  the   provisions of  subsections  (a),
              (e),  and   (f),  unless  the   Administrator determines that  such
              product must be subject to such  provisions to prevent an  unrea-
              sonable adverse effect  on the  environment.

          SEC.  20.  ø7 U.S.C. 136r¿ RESEARCH AND  MONITORING.
          (a)  RESEARCH. -- The Administrator shall  undertake  research, including research by grant or contract with other Federal agencies, universities, or  others as  may   be  necessary to  carry out  the   pur- poses  of this Act, and  the  Administrator shall conduct research into integrated pest management in  coordination with the  Secretary of Agriculture. The  Administrator shall also  take care  to  ensure that such  research does  not  duplicate research being  undertaken by any other Federal agency.
          (b) NATIONAL MONITORING PLAN. -- The Administrator shall for- mulate and   periodically revise, in  cooperation with other Federal, State, or  local  agencies, a  national plan for  monitoring pesticides. (c)	MONITORING. -- The	Administrator 	shall 	undertake	such monitoring activities,  including, but   not   limited to  monitoring in air,  soil,  water, man, plants, and  animals, as  may  be  necessary  for the  implementation of this Act  and  of the  national  pesticide  moni- toring plan. The  Administrator shall establish  procedures for  the monitoring  of  man  and   animals  and   their  environment for  inci- dental  pesticide exposure, including, but  not  limited to,  the  quan- tification of incidental human and  environmental pesticide pollution and  the  secular trends thereof, and  identification of the  sources of contamination and  their relationship to  human and  environmental effects. Such  activities shall be carried out  in cooperation with other
          Federal, State, and  local  agencies.
                   SEC.   21.  ø7  U.S.C. 136s¿  SOLICITATION OF  COMMENTS; NOTICE OF PUBLIC HEARINGS.
          (a) SECRETARY OF  AGRICULTURE. -- The Administrator, before publishing regulations under this Act,  shall solicit  the  views  of the Secretary of Agriculture in  accordance with the  procedure described in section 25(a).
          (b) SECRETARY OF  HEALTH  AND HUMAN SERVICES. -- The Admin- istrator, before  publishing regulations under this Act for any  public health pesticide, shall solicit   the  views  of the  Secretary of Health and  Human Services in  the  same manner as  the  views  of the  Sec- retary of Agriculture are  solicited under section 25(a)(2).
          (c) VIEWS. -- In addition to any  other authority relating to public hearings and   solicitation of views,   in  connection with the   suspen- sion  or  cancellation of a  pesticide registration or  any  other actions authorized under this Act,  the  Administrator may,  at the  Adminis- trator's discretion, solicit  the  views  of all  interested persons, either orally or  in  writing, and  seek  such  advice from  scientists, farmers,
          farm  organizations,  and   other  qualified persons  as   the   Adminis-
          trator deems proper.
          (d)  NOTICE. -- In connection with all  public  hearings under this Act  the  Administrator shall publish timely notice  of such  hearings in the  Federal Register.
          SEC.  22.  ø7 U.S.C. 136t¿ DELEGATION AND  COOPERATION.
          (a)  DELEGATION. -- All authority  vested in  the  Administrator  by virtue of the  provisions of this Act  may  with like  force  and   effect be  executed  by  such   employees  of  the   Environmental  Protection Agency  as  the  Administrator may  designate for the  purpose.
          (b) COOPERATION. -- The Administrator shall cooperate with the Department of Agriculture, any  other Federal agency, and  any  ap- propriate  agency of any  State or  any  political subdivision thereof, in  carrying  out   the   provisions  of  this Act,  and   in  securing uni- formity of regulations.

          SEC.   23.  ø7  U.S.C. 136u¿  STATE COOPERATION, AID,  AND  TRAINING.
          (a)  COOPERATIVE  AGREEMENTS. -- The Administrator  may  enter into  cooperative agreements with States and  Indian tribes --
              (1)  to  delegate to  any   State or  Indian tribe the   authority to  cooperate in  the  enforcement of this Act  through the  use  of its  personnel or  facilities, to  train personnel of the  State or  In- dian tribe to  cooperate in  the  enforcement of this Act,  and   to assist States and  Indian tribes in  implementing cooperative en- forcement programs through grants-in-aid; and
              (2)  to  assist States in  developing and   administering State programs, and  Indian tribes that enter into  cooperative agree- ments,  to   train  and   certify applicators consistent with the standards the  Administrator prescribes.
          Effective with the  fiscal  year beginning October 1,  1978,  there are authorized to  be  appropriated annually such  funds as  may  be  nec- essary for  the  Administrator to  provide through  cooperative agree- ments an  amount equal to 50 percent of the  anticipated cost  to each State or  Indian tribe, as  agreed to  under such   cooperative agree- ments,  of  conducting training  and   certification programs during such   fiscal  year. If  funds sufficient to  pay  50  percent of the   costs for  any  year are  not  appropriated, the  share of each  State and  In- dian tribe shall be  reduced in  a  like  proportion in  allocating avail- able  funds.
          (b)  CONTRACTS FOR  TRAINING. -- In addition, the  Administrator may  enter into  contracts with Federal, State, or Indian tribal agen- cies  for the  purpose of encouraging the  training of certified applica- tors.
          (c) INFORMATION  AND EDUCATION. -- The Administrator shall, in cooperation with the   Secretary of  Agriculture, use   the   services of the  cooperative State extension services to  inform and  educate pes- ticide users about accepted uses and  other regulations made under this Act.
          SEC.  24.  ø7 U.S.C. 136v¿ AUTHORITY OF STATES.
          (a)  IN   GENERAL. -- A State  may  regulate the  sale  or  use  of any federally registered pesticide or device  in  the  State, but  only  if and to the  extent the  regulation does  not  permit any  sale  or use  prohib- ited  by this Act.
          (b) UNIFORMITY. -- Such State shall not  impose or continue in ef- fect  any   requirements for  labeling or  packaging in  addition to  or different from  those required under this Act.
              (c) ADDITIONAL USES. --
              (1) A State may  provide registration  for  additional uses of federally registered  pesticides formulated for  distribution and use  within that State to meet special local  needs in  accord  with the  purposes of this Act and  if registration for such  use  has  not previously been  denied, disapproved, or canceled by the  Admin- istrator. Such   registration shall be  deemed registration under section 3 for all purposes of this Act, but  shall authorize dis- tribution and  use  only  within such  State.
              (2)  A registration issued by  a  State under this subsection shall not  be  effective for  more  than ninety days  if disapproved
              by  the  Administrator within that  period. Prior to  disapproval,
              the  Administrator shall, except as  provided in  paragraph (3) of this subsection, advise the  State of the  Administrator's inten- tion   to  disapprove and   the   reasons therefor, and   provide the State time to  respond. The  Administrator shall not  prohibit or

              section (A) on  the  basis of lack  of essentiality of a  pesticide or (B) except as  provided in  paragraph (3) of this subsection, if its composition and  use  patterns are  similar to those of a federally registered pesticide.
              (3)  In  no  instance may   a  State issue a  registration for  a food  or  feed  use  unless there exists a  tolerance or  exemption under the  Federal Food,  Drug, and  Cosmetic Act  that permits the  residues of the  pesticide on the  food or feed.  If the  Adminis- trator determines that a registration issued by a State is incon- sistent with the  Federal Food,  Drug, and  Cosmetic Act,  or  the use  of, a  pesticide under a  registration issued by  a  State  con- stitutes an   imminent hazard,  the   Administrator  may   imme- diately disapprove the  registration.
              (4)  If  the   Administrator  finds, in  accordance with stand- ards set  forth in regulations issued under section 25 of this Act, that a  State is  not  capable of  exercising adequate  controls to assure that State registration under this section will  be  in  ac- cord  with the  purposes of this Act or has  failed  to exercise ade- quate controls, the  Administrator may  suspend the  authority of the  State to register pesticides until such  time as  the  Adminis- trator is satisfied that the  State can  and  will  exercise adequate controls. Prior to  any  such  suspension, the  Administrator shall advise the   State of  the   Administrator's intention  to  suspend and  the  reasons therefor and  provide the  State time to respond.
          SEC.  25.  ø7 U.S.C. 136w¿ AUTHORITY OF ADMINISTRATOR.
              (a) IN  GENERAL. --
              (1)  REGULATIONS. -- The Administrator is  authorized in  ac- cordance with the  procedure described in  paragraph (2), to pre- scribe regulations to  carry out  the  provisions of this Act.  Such regulations shall take  into   account  the   difference  in  concept
              and  usage between various classes of pesticides, including pub-
              lic health pesticides, and  differences in  environmental risk and the  appropriate data for  evaluating such  risk between agricul- tural, nonagricultural, and  public  health pesticides.
                  (2) PROCEDURE. --
                  (A) PROPOSED  REGULATIONS. -- At least 60 days  prior to signing any  proposed regulation for publication in  the  Fed- eral  Register, the   Administrator  shall  provide the   Sec- retary of Agriculture with a  copy of such  regulation. If the Secretary comments in  writing to the  Administrator re- garding any  such  regulation within 30  days  after receiving it,  the  Administrator shall publish in  the  Federal Register (with   the   proposed regulation)  the   comments of  the   Sec- retary and   the  response of the  Administrator with regard to the  Secretary's comments. If the  Secretary does  not  com- ment in  writing to the  Administrator regarding the  regula- tion   within 30  days   after  receiving it,  the   Administrator may   sign   such   regulation  for  publication  in  the   Federal Register any  time after such  30-day period notwithstanding the  foregoing 60-day time requirement.
                  (B)  FINAL   REGULATIONS. -- At least  30   days   prior  to signing any  regulation in  final  form  for  publication in  the Federal Register, the  Administrator shall provide the  Sec- retary of Agriculture with a  copy of such  regulation. If the Secretary  comments in   writing  to  the   Administrator  re-

                  ceiving  it, the  Administrator shall publish in the  Federal Register (with  the  final  regulation) the  comments of the Secretary, if requested by  the  Secretary, and  the  response of the  Administrator  concerning the  Secretary's comments. If the  Secretary does  not  comment in writing to the  Admin- istrator regarding the   regulation within 15  days   after re- ceiving  it, the  Administrator may  sign  such  regulation for publication in  the  Federal Register at any  time after such
                  15-day period notwithstanding  the   foregoing 30-day time requirement.  In   taking  any   final   action under  this  sub- section, the   Administrator  shall  include among those fac- tors  to be taken into  account the  effect  of the  regulation on production  and   prices  of  agricultural  commodities, retail food prices, and  otherwise on the  agricultural economy, and the  Administrator shall publish in  the  Federal Register an analysis of such  effect.
                  (C)  TIME  REQUIREMENTS. -- The time requirements  im- posed   by  subparagraphs  (A)  and   (B)  may   be  waived  or
                  modified to  the   extent agreed upon   by  the   Administrator
                  and  the  Secretary.
                      (D)  PUBLICATION  IN   THE  FEDERAL  REGISTER. -- The Ad-
                  ministrator  shall, simultaneously with any   notification to
                  the  Secretary of Agriculture under this paragraph prior to
                  the   issuance of  any   proposed or  final   regulation,  publish
                  such  notification in the  Federal Register.
                  (3) CONGRESSIONAL  COMMITTEES. -- At such  time as  the  Ad-
              ministrator is  required under paragraph (2)  of this subsection
              to  provide the  Secretary of Agriculture with a  copy of proposed
              regulations and  a  copy of the  final  form  of regulations, the  Ad-
              ministrator shall also  furnish a  copy of such  regulations to  the
              Committee on  Agriculture of the  House of Representatives and
              the   Committee on  Agriculture, Nutrition, and   Forestry of  the
              Senate.
                  (4)   CONGRESSIONAL   REVIEW   OF     REGULATIONS. -- Simulta-
              neously with the  promulgation of any  rule or  regulation under
              this Act,  the  Administrator shall transmit a copy thereof to the
              Secretary of  the   Senate and   the   Clerk of  the   House of  Rep-
              resentatives. The  rule or  regulation shall not  become  effective
              until the  passage of 60  calendar days  after the  rule or  regula-
              tion  is so transmitted.
              (b) EXEMPTION OF  PESTICIDES. -- The Administrator may  exempt
          from  the  requirements of this Act by regulation any  pesticide which
          the  Administrator determines either (1) to  be  adequately regulated
          by another Federal agency, or  (2) to  be  of a  character which  is  un-
          necessary to  be  subject to  this Act  in  order to  carry out  the   pur-
          poses  of this Act.
              (c) OTHER AUTHORITY. -- The Administrator, after notice  and  op-
          portunity for hearing, is authorized --
                  (1) to declare a pest any  form  of plant or animal life (other
              than man and  other than bacteria, virus, and  other micro-orga-
              nisms on  or  in  living  man or  other living  animals) which  is  in-
              jurious to health or the  environment;
                  (2)  to  determine  any   pesticide  which   contains  any   sub-
              stance or substances in quantities highly toxic  to man;

              (3)  to  establish standards  (which shall be  consistent with those established under the  authority of the  Poison Prevention Packaging Act  (Public Law  91 - 601)) with respect to  the  pack- age,  container, or wrapping in which  a pesticide or device  is en- closed  for  use  or  consumption, in  order to  protect children and adults from  serious injury or illness resulting from  accidental ingestion or contact with pesticides or devices regulated by this Act as  well  as  to accomplish the  other purposes of this Act;
              (4) to specify  those classes of devices which  shall be subject to  any   provision of  paragraph 2(q)(1)  or  section 7  of  this  Act upon    the    Administrator's determination  that  application of such   provision is  necessary to  effectuate the   purposes of  this Act;
              (5)  to  prescribe regulations  requiring  any   pesticide to  be colored  or discolored if the  Administrator determines that such requirement is  feasible and   is  necessary for  the   protection of health and  the  environment; and
              (6)  to  determine and   establish suitable names to  be  used in the  ingredient statement.
              (d) SCIENTIFIC  ADVISORY PANEL. --
              (1) IN  GENERAL. -- The Administrator shall submit to an  ad- visory  panel for comment as to the  impact on health and  the environment of the  action proposed in  notices of intent issued under section 6(b) and  of the  proposed and  final  form  of regula- tions issued under section 25(a)  within the  same time periods as  provided for  the   comments of  the   Secretary of  Agriculture under such   sections. The  time requirements for  notices of  in- tent and   proposed  and   final   forms   of  regulation may   not   be modified or  waived unless in  addition to  meeting the  require- ments of section 6(b) or 25(a),  as  applicable, the  advisory panel has   failed   to  comment on  the  proposed action within the  pre- scribed time period or has  agreed to the  modification or waiver. The   Administrator shall  also   solicit   from   the   advisory panel comments, evaluations, and  recommendations for operating guidelines to  improve the  effectiveness and  quality of scientific analyses made by personnel of the  Environmental Protection Agency  that lead  to  decisions by the  Administrator in  carrying out  the  provisions of this Act.  The  comments, evaluations, and recommendations of  the   advisory panel submitted under this subsection and  the  response of the  Administrator shall be pub- lished in  the  Federal Register in  the  same manner as  provided for  publication of the  comments of the  Secretary of Agriculture under such  sections. The  chairman of the  advisory panel, after consultation with the  Administrator, may  create temporary subpanels on  specific  projects to  assist the  full  advisory panel in expediting and  preparing its  evaluations, comments, and  rec- ommendations. The   subpanels may   be  composed  of  scientists other than members of the  advisory panel, as  deemed necessary for  the   purpose of evaluating scientific studies relied upon   by the  Administrator with respect to  proposed action. Such  addi- tional scientists shall be  selected by  the   advisory panel.  The panel referred to  in  this subsection shall consist of 7 members appointed by the  Administrator from  a list  of 12 nominees, 6 nominated by  the   National Institutes  of Health and   6  by  the

              on the  basis of their professional qualifications to assess the  ef- fects  of the  impact of pesticides on health and  the  environment. To  the   extent  feasible to  insure multidisciplinary representa- tion,   the   panel membership shall include representation  from the  disciplines of toxicology, pathology, environmental  biology, and   related  sciences. If  a  vacancy occurs   on  the   panel due  to expiration of a  term, resignation, or  any  other reason, each  re- placement shall be  selected by the  Administrator from  a  group of 4 nominees, 2 submitted by  each  of the  nominating entities named in  this subsection. The  Administrator may   extend the term of a  panel member until the  new  member is  appointed to fill  the  vacancy. If a  vacancy occurs  due  to  resignation, or  rea- son  other than expiration of a term, the  Administrator shall ap- point a  member to  serve during the   unexpired term  utilizing the  nomination process set  forth in  this subsection. Should the list  of nominees provided under this subsection be  unsatisfac- tory,  the  Administrator may  request an  additional set  of nomi- nees  from  the  nominating entities. The  Administrator may  re- quire such  information from  the  nominees to the  advisory panel as  the  Administrator  deems necessary, and   the  Administrator shall publish in  the   Federal Register the   name, address, and professional affiliations of each   nominee. Each member of the panel shall receive per  diem  compensation at a  rate not  in  ex- cess  of that fixed  for GS - 18  of the  General Schedule as  may  be determined by the  Administrator, except that any  such  member who  holds  another office or position under the  Federal  Govern- ment the  compensation for  which  exceeds such  rate may  elect to  receive compensation at the  rate provided for  such  other of- fice  or  position in  lieu   of  the   compensation  provided by  this subsection. In  order to  assure the   objectivity of  the   advisory panel, the  Administrator shall promulgate regulations regard- ing   conflicts  of  interest  with respect to  the   members  of  the panel. The  advisory panel established under this section shall be  permanent.  In   performing  the   functions assigned  by  this Act,  the   panel shall consult and   coordinate its  activities with the   Science Advisory Board  established  under  the   Environ- mental Research, Development, and  Demonstration Authoriza- tion  Act of 1978.  Whenever the  Administrator exercises author- ity  under  section 6(c)  of  this Act  to  immediately suspend the registration of  any   pesticide to  prevent an   imminent hazard, the  Administrator shall promptly submit to  the  advisory panel for  comment, as  to  the  impact on  health and  the  environment, the  action taken to  suspend the  registration of such  pesticide. (2) SCIENCE  REVIEW BOARD. -- There is established a Science Review  Board to  consist of 60  scientists who  shall be  available to  the  Scientific Advisory Panel  to  assist in  reviews conducted by  the   Panel.  Members of  the   Board shall be  selected in  the same  manner  as   members  of  temporary  subpanels  created under  paragraph  (1).  Members  of  the   Board  shall  be   com-
              pensated in the  same manner as  members of the  Panel.
          (e)  PEER  REVIEW. -- The Administrator shall, by  written  proce- dures, provide for peer  review with respect to the  design, protocols, and  conduct of major scientific studies conducted under this Act by the  Environmental Protection Agency  or by any  other Federal agen-

          with the  Environmental Protection Agency.  In  such  procedures, the Administrator shall also  provide for peer  review, using the  advisory panel established under subsection (d) of this section or appropriate experts appointed by the  Administrator from  a current list  of nomi- nees  maintained by  such   panel, with respect to  the  results of any such   scientific studies  relied upon   by  the   Administrator  with re- spect to  actions the  Administrator may  take relating to  the  change in  classification, suspension,  or  cancellation of  a  pesticide.  When- ever  the  Administrator determines that  circumstances do  not  per- mit  the  peer  review of the  results of any  such  scientific study prior to the  Administrator's exercising authority under section 6(c) of this Act to immediately suspend the  registration of any  pesticide to pre- vent an  imminent hazard, the  Administrator shall promptly there- after provide for the  conduct of peer  review as  provided in  this sen- tence. The  evaluations and  relevant documentation constituting the peer  review that relate to the  proposed scientific studies and  the  re- sults of the  completed scientific studies shall be included in the  sub- mission for  comment forwarded by  the   Administrator to  the   advi- sory  panel as  provided in  subsection (d). As used in  this subsection, the  term ``peer review'' shall mean an  independent evaluation by scientific experts, either within or  outside the  Environmental  Pro- tection Agency,  in the  appropriate disciplines.
                   SEC.  26.  ø7  U.S.C. 136w - 1¿ STATE PRIMARY ENFORCEMENT RESPON- SIBILITY.
          (a)  IN   GENERAL. -- For  the   purposes of  this Act,  a  State shall have primary enforcement responsibility for pesticide use  violations during  any   period  for  which   the   Administrator  determines  that such  State --
              (1)  has   adopted adequate  pesticide use   laws   and   regula- tions, except that the  Administrator may  not  require a State to have pesticide use  laws  that are  more  stringent than this Act; (2)  has   adopted and   is  implementing adequate  procedures
               for the  enforcement of such  State laws  and  regulations; and
              (3) will  keep  such  records and  make such  reports showing compliance with paragraphs  (1)  and   (2)  of  this subsection as the  Administrator may  require by regulation.
          (b) SPECIAL RULES. -- Notwithstanding the  provisions of sub- section (a)  of this section, any  State that enters into  a  cooperative agreement with the  Administrator under section 23  of this Act  for the  enforcement of pesticide use  restrictions shall have the  primary enforcement responsibility  for  pesticide use   violations.  Any  State that has  a  plan approved by  the  Administrator in  accordance with the  requirements of section 11 of this Act that the  Administrator determines meets the  criteria set  out  in  subsection (a)  of this sec- tion  shall have the  primary enforcement responsibility for pesticide use  violations. The  Administrator shall make such   determinations with respect to State plans under section 11 of this Act in  effect  on the   date of  enactment of  the   Federal  Pesticide Act  of  1978  [Sep- tember 30, 1978]  not  later than six months after that date.
          (c) ADMINISTRATOR. -- The Administrator shall have primary en- forcement responsibility for  those States that do  not  have primary
          enforcement responsibility under this Act. Notwithstanding the  pro-
          visions of section 2(e)(1)  of this Act, during any  period when the  Ad- ministrator has  such  enforcement responsibility, section 8(b) of this Act  shall apply to  the  books  and  records of commercial applicators

          tions of  pesticides,  only   to  provide  a  service  of  controlling pests without delivering any  unapplied pesticide to any  person so served, and   section  9(a)  of  this Act  shall  apply to  the   establishment  or other place  where pesticides or  devices are  held  for  application  by such  persons with respect to  pesticides or  devices held  for  such  ap- plication.
                   SEC.   27.  ø7  U.S.C. 136w - 2¿ FAILURE BY  THE  STATE TO  ASSURE  EN- FORCEMENT OF STATE PESTICIDE USE REGULATIONS.
          (a) REFERRAL. -- Upon receipt of any  complaint or other informa- tion  alleging or indicating a significant violation of the  pesticide use provisions of this Act,  the  Administrator shall refer the  matter  to the  appropriate State officials  for  their investigation of the  matter consistent with the  requirements of this Act.  If, within thirty days, the  State has   not  commenced appropriate  enforcement action, the Administrator may  act  upon  the  complaint or information to the  ex- tent authorized under this Act.
          (b)  NOTICE. -- Whenever  the   Administrator  determines  that a State  having primary enforcement responsibility for  pesticide use violations is  not  carrying out  (or  cannot carry out  due  to  the  lack of adequate legal  authority) such   responsibility, the  Administrator shall notify  the  State. Such  notice  shall specify  those aspects of the administration of the  State program that are  determined to  be  in- adequate. The  State shall have ninety days  after receipt of the  no- tice  to  correct any  deficiencies. If after that time the  Administrator determines that the  State program remains inadequate, the  Admin- istrator may  rescind, in whole  or in part, the  State's primary en- forcement responsibility for pesticide use  violations.
          (c) CONSTRUCTION. -- Neither section 26  of this Act nor  this sec- tion  shall limit the   authority of the   Administrator to  enforce this Act, where the  Administrator determines that emergency conditions exist that  require immediate action on  the   part of  the   Adminis- trator and  the  State authority is  unwilling or  unable adequately to respond to the  emergency.
                   SEC.  28.  ø7 U.S.C. 136w - 3¿ IDENTIFICATION OF PESTS; COOPERATION WITH  DEPARTMENT OF AGRICULTURE'S PROGRAM.
          (a)  IN   GENERAL. -- The Administrator,  in  coordination with the Secretary of Agriculture, shall identify those pests that must be brought under control. The  Administrator shall also  coordinate and cooperate with the   Secretary of  Agriculture's research  and   imple- mentation programs to develop and  improve the  safe  use  and  effec- tiveness of chemical, biological, and  alternative methods to  combat and  control pests that reduce the  quality and  economical production and  distribution of agricultural products to domestic and  foreign consumers.
              (b) PEST CONTROL AVAILABILITY. --
              (1)  IN   GENERAL. -- The Administrator,  in  cooperation with the  Secretary of Agriculture, shall identify --
                      (A) available methods of pest control by crop  or animal; (B)  minor pest control problems, both   in  minor crops
                  and  minor or localized problems in major crops;  and
                  (C) factors limiting the  availability of specific  pest con- trol   methods, such   as   resistance to  control methods and regulatory actions limiting the  availability of control meth- ods.
              (2)  REPORT. -- The Secretary  of Agriculture shall, not  later than 180  days   after the   date of  enactment of  this subsection

              [November 28,  1990]  and  annually thereafter, prepare a  report and  send the  report to the  Administrator. The  report shall --
                  (A) contain the  information described in  paragraph  (1) and  the  information required by  section 1651  of the  Food, Agriculture, Conservation, and  Trade Act of 1990;
                  (B)  identify  the   crucial pest control needs where a shortage of control methods is indicated by the  information described in paragraph (1); and
                  (C) describe in detail research and  extension efforts de- signed to address the  needs identified in  subparagraph  (B).
          (c)  INTEGRATED  PEST   MANAGEMENT. -- The Administrator,  in cooperation with the   Secretary of  Agriculture, shall  develop approaches to the  control of pests based on integrated pest manage- ment that respond to the  needs of producers, with a special empha- sis  on minor pests.
          (d) PUBLIC  HEALTH PESTS. -- The Administrator, in  coordination with the  Secretary of Agriculture and  the  Secretary of Health and Human Services, shall identify pests of significant public  health im- portance and, in  coordination with the   Public Health  Service, de- velop  and   implement programs to  improve and   facilitate the   safe and   necessary  use   of  chemical,  biological, and   other  methods  to combat and  control such  pests of public  health importance.
          SEC.  29.  ø7 U.S.C. 136w - 4¿ ANNUAL REPORT.
          The  Administrator shall submit an  annual report to  Congress before  February 16  of each   year and   the  first report shall be  due February 15, 1979.  The  report shall include the  total number of ap- plications for  conditional registration  under sections 3(c)(7)(B)  and
          3(c)(7)(C)  of  this Act  that were   filed  during the   immediately pre- ceding  fiscal  year, and, with respect to those applications approved, the  Administrator shall report the  Administrator's findings in  each case,   the   conditions  imposed and   any   modification of  such   condi-
          tions in  each  case,  and  the  quantities  produced of such  pesticides.
                   SEC.  30.  ø7  U.S.C. 136w - 5¿ MINIMUM REQUIREMENTS FOR  TRAINING OF MAINTENANCE APPLICATORS AND  SERVICE TECHNI- CIANS.
          Each State may  establish minimum requirements for  training of  maintenance applicators and   service technicians.  Such   training may  include instruction in  the  safe  and  effective handling and  use of   pesticides  in   accordance  with  the    Environmental  Protection Agency  approved labeling, and  instruction in  integrated pest man- agement techniques. The   authority of  the   Administrator  with re- spect to  minimum requirements for  training of maintenance appli- cators and  service technicians shall be limited to ensuring that each State understands the  provisions of this section.
                   SEC.  31.  ø7 U.S.C. 136w - 6¿ ENVIRONMENTAL PROTECTION AGENCY MINOR USE PROGRAM.
          (a)  The  Administrator shall assure  coordination of  minor use issues through the   establishment of  a  minor use   program within the  Office of Pesticide Programs. Such  office shall be responsible for coordinating the   development of  minor use   programs and   policies and  consulting with growers regarding minor use  issues and  reg- istrations and   amendments which   are   submitted to  the   Environ- mental Protection Agency.
          (b) The  Office  of Pesticide Programs shall prepare a  public  re- port   concerning  the   progress  made  on  the   registration  of  minor uses, including implementation of the  exclusive use  as  an  incentive

          for registering new  minor uses, within 3 years of the  passage of the
          Food Quality Protection Act of 1996.  [Aug. 3, 1996]
                   SEC.   32.  ø7  U.S.C. 136w - 7¿  DEPARTMENT OF  AGRICULTURE  MINOR USE PROGRAM.
          (a)  IN   GENERAL. -- The Secretary  of Agriculture (hereinafter in this section referred to  as  the  ``Secretary'')  shall assure the  coordi- nation of the  responsibilities of the  Department of Agriculture re- lated to minor uses of pesticides, including --
                  (1) carrying out  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   the   national  pesticide resistance  monitoring pro-
              gram established under section 1651  of the  Food,  Agriculture,
              Conservation, and  Trade Act of 1990  (7 U.S.C.  5882);
                  (2) supporting integrated pest management research;
                  (3) consulting with growers to develop data for minor uses;

                                                                            and

(4)  providing assistance  for  minor use  registrations,  toler-

              ances, and   reregistrations  with the   Environmental  Protection
              Agency.
              (b)(1) MINOR USE PESTICIDE  DATA. --
                  (A)   GRANT   AUTHORITY. -- The  Secretary,   in   consultation
              with  the   Administrator, shall  establish  a   program  to   make
              grants for  the  development of data to  support minor use  pes-
              ticide registrations and  reregistrations. The  amount of any  such
              grant shall not  exceed  1⁄2  of the  cost  of the  project for which  the
              grant is made.
                  (B) APPLICANTS. -- Any person who  wants to develop data to
              support  minor use   pesticide registrations  and   reregistrations
              may  apply for  a  grant under subparagraph (A). Priority shall
              be given  to an  applicant for such  a grant who  does  not  directly
              receive funds from  the   sale   of  pesticides registered  for  minor
              uses.
                  (C) DATA   OWNERSHIP. -- Any data that  is developed under a
              grant under subparagraph (A) shall be jointly owned  by the  De-
              partment of Agriculture and  the  person who  received the  grant.
              Such  a person shall enter into  an  agreement with the  Secretary
              under which  such  person shall share any  fee  paid  to  such  per-
              son  under section 3(c)(1)(F).
              (2) MINOR USE PESTICIDE  DATA  REVOLVING FUND. --
                  (A) ESTABLISHMENT. -- There is  established in  the  Treasury
              of the  United States a revolving fund  to be known as  the  Minor
              Use  Pesticide Data Revolving Fund. The  Fund shall be  avail-
              able  without fiscal  year limitation to  carry out  the  authorized
              purposes of this subsection.
                  (B)  CONTENTS  OF   THE  FUND. -- There shall be  deposited in
              the  Fund --
                      (i)  such   amounts as  may   be  appropriated to  support
                  the  purposes of this subsection; and
                      (ii)  fees  collected by  the  Secretary for  any  data devel-
                  oped  under a grant under paragraph (1)(A).
                  (C)  AUTHORIZATIONS  OF    APPROPRIATIONS. -- There  are   au-
              thorized to be appropriated for each  fiscal  year to carry out  the
              purposes  of  this  subsection $10,000,000 to  remain  available
              until expended.

          SEC.  33.  ø7  U.S.C. 136w - 8¿ 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 appli-
                  cations, 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   assess-
                  ments; and
                      (C)  advisory committees and   other accredited persons
                  or  organizations, on  the  request of the  Administrator,  en-
                  gage  in the  peer  review of risk or benefits information asso-
                  ciated with covered pesticide applications;
                  (2)  costs   of  management of  information, and   the   acquisi-
              tion,   maintenance, and   repair of  computer and   telecommuni-
              cation 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  sub-
              sections  (b)  and   (c)  and   reporting,  auditing,  and   accounting
              under this section.
              (b) FEES. --
                  (1)  IN   GENERAL. -- Effective beginning on  the  effective date
              of the  Pesticide Registration Improvement Act of 2003,  the  Ad-
              ministrator shall assess and   collect  covered pesticide registra-
              tion  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  Ad-
                  ministrator 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  applica-
                      tion   for  the   registration of  a  pesticide that  was   sub-
                      mitted to the  Administrator before  the  effective date of
                      the   Pesticide  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  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   Environ-
                      mental Protection Agency.
                             (ii)  TOLERANCE  OR   EXEMPTION FEES. -- The amount
                      of  any   fee  otherwise  payable  for  an   application  de-
                      scribed 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  reg- istration  service fee  under this section shall be  submitted with documentation certifying --
                          (i) payment of the  registration service fee; or
                          (ii) payment of at least 25  percent of the  registra-
                      tion  service fee  and  a  request for  a  waiver from  or  re-
                      duction  of  the   remaining  amount  of  the   registration
                      service fee.
                      (D)  PAYMENT. -- The registration   service  fee   required
                  under this subsection shall be  due  upon  submission of the
                  application.
                      (E)  APPLICATIONS  SUBJECT   TO   ADDITIONAL  FEES. -- An
                  application may  be subject to additional fees  if --
                          (i)  the   applicant  identified the   incorrect registra-
                      tion  service fee and  decision review period;
                          (ii)  after review of a  waiver request, the  Adminis-
                      trator denies the  waiver request; or
                          (iii)  after  review of  the   application, the   Adminis-
                      trator determines that a  different registration  service
                      fee and  decision review period apply to the  application.
                      (F)  EFFECT  OF    FAILURE  TO   PAY   FEES. -- The  Adminis-
                  trator  shall reject any   application submitted without the
                  required registration service fee.
                      (G) NON-REFUNDABLE PORTION OF  FEES. --
                          (i) IN  GENERAL. -- The Administrator shall retain 25
                      percent of the  applicable registration  service fee.
                          (ii)   LIMITATION. -- Any  waiver,  refund,   credit  or
                      other reduction in  the  registration service fee shall not
                      exceed  75 percent of the  registration  service fee.
                      (H)   COLLECTION   OF    UNPAID   FEES. -- In  any    case   in
                  which  the  Administrator does  not  receive payment of a reg-
                  istration  service fee  (or  applicable portion of the   registra-
                  tion  service fee)  by  the  date that is  30  days   after the  fee
                  is  due,   the   fee  shall be  treated as  a  claim   of  the   United
                  States  Government subject to  subchapter II  of chapter  37
                  of title 31, United States Code.
                  (3) SCHEDULE OF  COVERED APPLICATIONS AND REGISTRATION
                                      SERVICE FEES. --
                      (A) IN   GENERAL. -- Not later than 30  days  after the  ef-
                  fective  date of the  Pesticide Registration  Improvement Re-
                  newal Act,  the  Administrator shall publish in  the  Federal
                  Register a  schedule of covered pesticide registration  appli-
                  cations 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	S10409	through
                  S10411, dated July 31, 2007.
                  (4) PENDING PESTICIDE REGISTRATION APPLICATIONS. --
                      (A)  IN   GENERAL. -- An applicant that  submitted a  reg-
                  istration application to  the  Administrator before  the  effec-
                  tive  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   accordance with paragraph
                  (2)(B).

                  (B) VOLUNTARY FEE. -- The Administrator  may  not  com- pel  payment of a  registration service fee  for  an  application described in subparagraph  (A).
                  (C)  DOCUMENTATION. -- An application for  which  a  vol- untary 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   APPLICA-
              TIONS. -- 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. --
                      (A) IN   GENERAL. -- Effective for  a  covered pesticide reg-
                  istration  application received during the   period beginning
                  on October 1, 2008,  and  ending on September 30, 2010,  the
                  Administrator shall increase by  5  percent the  registration
                  service fee payable for the  application under paragraph  (3).
                      (B)  ADDITIONAL  ADJUSTMENT. -- Effective for  a  covered
                  pesticide registration  application received on  or  after Octo-
                  ber  1,  2010,  the   Administrator shall increase by  an  addi-
                  tional 5  percent the  registration  service fee  in  effect  as  of
                  September 30, 2010.
                      (C)  PUBLICATION. -- The Administrator shall publish in
                  the   Federal  Register the   revised  registration  service  fee
                  schedules.
                  (7) WAIVERS AND REDUCTIONS. --
                      (A) IN   GENERAL. -- An applicant for  a  covered pesticide
                  registration may  request the  Administrator to  waive  or  re-
                  duce  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 re-
                      duction of the  registration  service fee  shall be  accom-
                      panied  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   re- quest; and
                      (ii) notify  the  applicant of the  determination. (D) MINOR USES. --
                      (i) IN   GENERAL. -- The Administrator may  exempt from,  or waive  a portion of, the  registration  service fee for an  application for minor uses for a pesticide.
                      (ii)   SUPPORTING   DOCUMENTATION. -- An applicant requesting a  waiver or  exemption under this subpara- graph 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  jus- tify  imposition of the  full  application fee.
                  (E) IR - 4  EXEMPTION. -- The Administrator shall exempt an  application from  the  registration  service fee  if  the  Ad- ministrator determines that --
                      (i) the  application is solely  associated with a toler- ance   petition submitted in  connection with the   Inter- Regional Project Number 4 (IR - 4)  as  described in  sec- tion  2 of Public Law  89 - 106 (7 U.S.C.  450i(e));  and
                      (ii) the  exemption 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 applica- tion.
                      (ii)   WAIVER   OF     FEES. -- The Administrator  shall waive   75  percent of the   registration  service fees  pay- able  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 submit-
                      ting   the   application has   been   formed or  manipulated
                      primarily for  the  purpose of qualifying for  the  waiver.
                          (iv) 	DOCUMENTATION. -- An	entity 	requesting 	a
                      waiver under this  subparagraph  shall provide to  the
                      Administrator --
                              (I) documentation demonstrating that the  enti-
                          ty   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 75 percent of  the   applicable. 33 - 1   registration  service fees  payable under this section, documentation demonstrating that the  entity has  an  average an- nual  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 registra-
                  tion  application is withdrawn by the  applicant, the  Admin-
                  istrator shall refund all  but  25 percent of the  total registra-
                  tion  service fee  payable under paragraph (3) for  the  appli-
                  cation.
                      (B)  WITHDRAWALS AFTER  THE  FIRST  60   DAYS   OF   DECI-
                  SION 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   Adminis-
                      trator shall determine what portion, if any,  of the  total
                      registration service fee payable under paragraph (3) for
                      the  application may  be  refunded based on  the  propor-
                      tion  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  appli-
                                        cation 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 registra-
                      tion  application that has  been  filed  with the  Adminis-
                      trator 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  Ad-
                      ministrator determines that the  refund is justified.
                          (ii)  BASIS. -- The Administrator  may   provide a  re-
                      fund  for an  application under this subparagraph --
                              (I) on  the  basis that, in  reviewing the  applica-
                          tion,   the   Administrator has   considered data  sub-
                          mitted in  support of another pesticide registration
                                             application; or
                          (II)  on  the  basis that the  Administrator  com- pleted portions of the  review of the  application  be- fore the  effective date of this section.
                  (D) CREDITED FEES. -- In determining whether to  grant a  refund under  this  paragraph,  the   Administrator shall

          33 - 1 So  in  original (as  amended by  sec.  5(c)(2)  of Public Law  110 - 94). Probably should strike the  period.

                  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 (5); and
                  (C) any  proceeds from  the  sale  or redemption of invest- ments held  in the  Fund.
              (2) DEPOSITS IN  FUND. -- Subject to paragraph (4), the  Ad- ministrator 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 expendi- tures 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. --
                      (i)  IN    GENERAL. -- For  each   of  fiscal   years  2008 through 2012,  the  Administrator shall use  approxi- mately 1⁄17    of  the   amount in  the   Fund (but   not   less than  $1,000,000) to  enhance  scientific and   regulatory activities relating to worker protection.
                      (ii)  PARTNERSHIP   GRANTS. -- Of the  amounts in  the Fund, the  Administrator shall use  for partnership grants --
                       (I)  for   each   of  fiscal   years  2008   and   2009,
                                              $750,000; and
                          (II)  for each  of fiscal  years 2010  through  2012,
                                                $500,000.
                      (iii)   PESTICIDE   SAFETY  EDUCATION  PROGRAM. -- Of the  amounts in  the  Fund, the  Administrator shall use
                      $500,000 for  each  of fiscal  years 2008  through 2012  to carry out  the  pesticide safety education program.
              (4) COLLECTIONS  AND APPROPRIATIONS  ACTS. -- The fees  au- thorized 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. --
                  (A) IN  GENERAL. -- Amounts in the  Fund not  currently needed to carry out  this section shall be --
                      (i) 33 - 2  maintained readily available or on deposit;
                  (ii) invested in obligations of the  United States or guaranteed by the  United States; or

            33 - 2 Indentation of clauses (i) through (iii) is so in  original (as  amended by sec.  5(e)(3)(A)
          of Public Law  110 - 94). Clauses probably should be indented.

                  (iii)  invested in  obligations, participations,  or  other in- struments that are  lawful investments for  fiduciary, trust, or public  funds.
                  (B)  USE  OF    INVESTMENT   INCOME. -- After consultation with the  Secretary of the  Treasury, the  Administrator may use  income   from  investments described in  clauses (ii)  and
                  (iii) of subparagraph (A) to carry out  this section.
              (d) ASSESSMENT OF  FEES. --
              (1)  DEFINITION  OF   COVERED  FUNCTIONS. -- In this sub- section, the  term ``covered functions''  means functions of the  Of- fice   of  Pesticide  Programs  of  the   Environmental  Protection Agency,  as  identified in  key  programs and  projects of the  final operating plan for  the   Environmental  Protection Agency  sub- mitted as  part of  the   budget process for  fiscal   year 2002,   re- gardless of any  subsequent transfer of 1  or  more   of the   func- tions 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,  con- tracts, and  expenses for  the  functions (as  in  existence in  fiscal year 2002)  of the  Office  of Pesticide Programs of the  Environ- mental  Protection Agency   for  the   fiscal   year (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  decision- making 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  Of- fice   of  Pesticide  Programs  of  the   Environmental  Protection Agency  for the  fiscal  year (excluding the  amount of any  fees  ap- propriated 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  col- lect  the  fees,  without any  modification in  rate, at any  time dur- ing   the   fiscal   year,  notwithstanding  any   provisions  of  sub- section (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 evalu- ate  risks, the  Administrator shall identify and  evaluate reforms to the  pesticide registration process under this Act with the  goal  of re- ducing decision review periods in  effect  on  the  effective date of the Pesticide Registration Improvement Act of 2003  for pesticide reg- istration actions for  covered pesticide registration  applications  (in- cluding 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  Renewal Act, the   Administrator  shall  publish  in   the   Federal Register a schedule of decision review periods for covered pesticide reg- istration  actions and   corresponding  registration   service  fees under this Act.
              (2) REPORT. -- The schedule shall be  the  same as  the  appli- cable  schedule appearing in  the  Congressional Record  on pages S10409 through S10411, dated July 31, 2007.
              (3) APPLICATIONS SUBJECT  TO   DECISION  TIME  REVIEW PERI- ODS. -- 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  serv- ice 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 Agen- cy.
                          (4) START OF  DECISION TIME REVIEW PERIOD. --
                  (A) IN  GENERAL. -- Except as  provided in subparagraphs (C), (D), and  (E),  in  the  case  of a  pesticide registration  ap- plication  accompanied  by  the   registration  service fee  re- quired 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. --
                      (i) IN   GENERAL. -- Not later than  21  days   after re- ceiving  an  application and  the  required registration service fee,  the  Administrator shall conduct an  initial screening of the  contents of the  application in  accord- ance  with clause (iii).
                      (ii) REJECTION. -- If the  Administrator determines under clause (i) that the  application does  not  pass the initial screening and  cannot be corrected within the  21- day  period, the  Administrator shall reject the  applica- tion   not   later than 10  days   after  making the   deter- mination.
                      (iii)  REQUIREMENTS  OF   SCREENING. -- In  conducting an   initial  screening of  an   application,  the   Adminis- trator shall determine whether --
                          (I)(aa)   the   applicable  registration  service  fee has  been  paid;  or
                          (bb)  at least 25  percent of the  applicable reg- istration service fee has  been  paid  and  the  applica- tion   contains a  waiver or  refund request for  the

                          outstanding 	amount	and 	documentation	estab- lishing the  basis for the  waiver request; and
                          (II) the  application contains all the  necessary forms, data,  and   draft  labeling, formatted in  ac- cordance with guidance published by the  Adminis- trator.
                      (C)   APPLICATIONS   WITH   WAIVER   OR    REDUCTION   RE-
                  QUESTS. --
                          (i) IN  GENERAL. -- In the  case  of an  application sub-
                      mitted with a  request for a  waiver or reduction of reg-
                      istration service fees  under subsection (b)(7),  the  deci-
                      sion  time review period shall be  determined in  accord-
                      ance  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  RE-
                      QUIRED. -- If the  Administrator grants the  waiver or re-
                      duction 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  Admin-
                      istrator receives certification of payment of the  applica-
                      ble registration  service fee.
                          (iv) REQUEST  DENIED. -- If the  Administrator denies
                      the  waiver or  reduction request, the  decision time re-
                      view  period begins on  the  date on  which  the  Adminis-
                      trator  receives certification of payment of the  applica-
                      ble registration  service fee.
                      (D) PENDING APPLICATIONS. --
                          (i) IN   GENERAL. -- The start  of the  decision time re-
                      view   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  Pes-
                          ticide Registration  Improvement Act  of  2003   but
                          submitted without the  applicable registration serv-
                          ice  fee  required under this section due  to  the   in-
                          ability of  the   Administrator to  assess fees  under
                                           subsection (d)(1).
                      (E)  2003   WORK  PLAN. -- In  the   case   of  a  covered pes-
                  ticide registration application listed in  the  Registration  Di-
                  vision  2003  Work  Plan of the  Office  of Pesticide Programs
                  of the  Environmental Protection Agency,  the  decision time
                  review period begins on  the  date that is  30  days  after the

                  effective date  of  the   Pesticide  Registration  Improvement
                  Act of 2003.
                  (5) EXTENSION OF   DECISION  TIME  REVIEW  PERIOD. -- The Ad-
              ministrator 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  ap-
              plication of the  applicant for registration of a new  active ingre-
              dient or  new  use   for  which   a  registration  service fee  is  paid
              under this section may  obtain judicial review of the  failure sole-
              ly under this section.
                  (2) SCOPE. --
                      (A) IN  GENERAL. -- In an  action brought under this sub-
                  section, the  only  issue on  review is  whether the  Adminis-
                  trator failed   to  make a  determination on  the   application
                  specified in paragraph (1) by the  end  of the  applicable deci-
                  sion  time review period required  under  subsection (f)  for
                  the  application.
                      (B) OTHER  ACTIONS. -- No other action authorized or re-
                  quired under this section shall be  judicially reviewable by
                  a Federal or State court.
                  (3) TIMING. --
                      (A) IN   GENERAL. -- A person may  not  obtain judicial re-
                  view  of the   failure of the   Administrator to  make a  deter-
                  mination on  the  application specified in  paragraph (1)  be-
                  fore  the  expiration of the  2-year period that  begins on  the
                  date on which  the  decision time review period for the  appli-
                  cation ends.
                      (B)  MEETING  WITH  ADMINISTRATOR. -- To be  eligible to
                  seek  judicial review under this subsection, a  person seek-
                  ing  the   review shall first request in  writing, at least 120
                  days  before  filing  the  complaint for  judicial review, a  deci-
                  sion  review meeting with the  Administrator.
                  (4) REMEDIES. -- The Administrator may  not  be  required or
              permitted to  refund any   portion of  a  registration  service fee
              paid   in  response  to  a  complaint that  the   Administrator has
              failed   to  make a  determination on  the   covered pesticide  reg-
              istration  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  sec- tions 3515(b)  and  3521  of that title of the  financial statements of activities under this section shall include an  analysis of --