PUBLIC LAW 104-170—AUG. 3, 1996 110 STAT. 1537 "(ii) prohibit the use of such moneys derived from fees to pay for any costs other than those necessary to achieve reregistration and expedited processing of the appHcations specified in paragraph (3); and "(iii) ensure that personnel and facility costs associated with the functions to be carried out under this paragraph do not exceed agency averages for comparable personnel and facility costs. "(B) The Administrator shall also— "(i) complete the review of unreviewed reregistra- Review, tion studies required to support the reregistration eligibility decisions scheduled for completion in accordance with subsection (1)(2); and "(ii) contract for such outside assistance as may Contracts. be necessary for review of required studies, using a generally accepted competitive process for the selection of vendors of such assistance.". (d) SECTION 4(k)(3). —Section 4(k)(3) (7 U.S.C. 136a-l(k)(3)) is amended— (1) in subparagraph (A), by striking out "for each of the fiscal years 1992, 1993, and 1994, Wth of the maintenance fees collected, up to 2 million each year" and inserting in lieu thereof "for each of the fiscal years 1997 through 2001, not more than V? of the maintenance fees collected in such fiscal year"; and (2) by adding a new subparagraph (C) to read as follows: "(C) So long as the Administrator has not met the time frames specified in clause (ii) of section 3(c)(3)(B) with respect to any application subject to section 3(c)(3)(B) that was received prior to the date of enactment of the Food Quality Protection Act of 1996, the Administrator shall use the full amount of the fees specified in subparagraph (A) for the purposes specified therein. Once all applications subject to section 3(c)(3)(B) that were received prior to such date of enactment have been acted upon, no limitation shall be imposed by the preceding sentence of this subparagraph so long as the Administrator meets the time frames specified in clause (ii) of section 3(c)(3)(B) on 90 percent of affected applications in a fiscal year. Should the Administrator not meet such time frames in Applicability. a fiscal year, the limitations imposed by the first sentence of this subparagraph shall apply until all overdue applications subject to section 3(c)(3)(B) have been acted upon.". (e) SECTION 4(k)(5).—Section 4(k)(5) (7 U.S.C. 136a-l(k)(5)) is amended to read as follows: "(5) ACCOUNTING AND PERFORMANCE.— The Administrator shall take all steps necessary to ensure that expenditures from fees authorized by subsection (i)(5)(C)(ii) are used only to carry out the goals established under subsection (1). The Reregistration and Expedited Processing Fund shall be designated as an Environmental Protection Agency component for purposes of section 3515(c) of title 31, United States Code. The annual audit required under section 3521 of such title of the financial statements of activities under this Act under section 3515(b) of such title shall include an audit of the fees collected under subsection (i)(5)(C) and disbursed, of the amount appropriated to match such fees, and of the Administrator's attainment
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