Page:United States Statutes at Large Volume 102 Part 3.djvu/715

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PUBLIC LAW 100-000—MMMM. DD, 1988

PUBLIC LAW 100-532—OCT. 25, 1988

102 STAT. 2667

"(ii) proposes an amendment to the registration of a .. registered pesticide that does not require scientific review of data. "(B) Any amounts made available under subparagraph (A) shall be used to obtain sufficient personnel and resources to carry out the activities described in such subparagraph that are in addition to the personnel and resources available to carry out such activities on the date of enactment of this section. "(4) UNUSED FUNDS.—Money in the fund not currently needed to carry out this section shall be— "(A) maintained on hand or on deposit; "(B) invested in obligations of the United States or guaranteed thereby; or "(C) invested in obligations, participations, or other instruments that are lawful investments for fiduciary, trust, or public funds. "(5) ACCOUNTING.—The Administrator shall— "(A) provide an annual accounting of the fees collected and disbursed from the fund; and "(B) take all steps necessary to ensure that expenditures from such fund are used only to carry out this section. "(1) JUDICIAL REVIEW.—Any failure of the Administrator to take any action required by this section shall be subject to judicial review under the procedures prescribed by section 16(b).". (b) CONFORMING AMENDMENT.—

(1) Section 3(c)(2)(B) (7 U.S.C. 136a(c)(2)(B)) is amended by adding at the end of clauses (ii) and (iii) the following: "The Administrator shall issue a notice of intent to suspend the registration of a pesticide in accordance with the procedures prescribed by clause (iv) if a registrant fails to comply with this (2) Section 3(c)(2)(D) (7 U.S.C. 136a(c)(2)(D)) is amended— (A) in the matter preceding clause (i), by striking out "an end use product" and inserting in lieu thereof "the pesticide that is the subject of the application"; and (B) in clause (i), by striking out "the safety o f. SEC. 103. EXPEDITED REGISTRATION OF SIMILAR APPLICATIONS.

Section 3(c)(3) (7 U.S.C. 136a(c)(3)) is amended— (1) by striking out "APPLICATION.—The Administrator" and inserting in lieu thereof "APPLICATION.— "(A) The Administrator"; and (2) by adding at the end thereof the following new subparagraph: "(B)(i) The Administrator shall, as expeditiously as possible, review and act on any application received by the Administrator that— "(I) proposes the initial or amended registration of an end-use pesticide that, if registered as proposed, would be identical or substantially similar in composition and labeling to a currently-registered pesticide identified in the application, or that would differ in composition and labeling from such currently-registered pesticide only in ways that would not significantly increase the risk of unreasonable adverse effects on the environment; or