118 STAT. 427 PUBLIC LAW 108–199—JAN. 23, 2004 ‘‘(II) on the basis that the Administrator com pleted portions of the review of the application before the effective date of this section. ‘‘(D) CREDITED FEES.—In determining whether to grant a refund under this paragraph, the Administrator shall take into account any portion of the registration service fees credited under paragraph (2) or (4). ‘‘(c) PESTICIDE REGISTRATION FUND.— ‘‘(1) ESTABLISHMENT.—There is established in the Treasury of the United States a Pesticide Registration Fund to be used in carrying out this section (referred to in this section as the ‘Fund’), consisting of— ‘‘(A) such amounts as are deposited in the Fund under paragraph (2); ‘‘(B) any interest earned on investment of amounts in the Fund under paragraph (4); and ‘‘(C) any proceeds from the sale or redemption of invest ments held in the Fund. ‘‘(2) DEPOSITS IN FUND.—Subject to paragraph (4), the Administrator shall deposit fees collected under this section in the Fund. ‘‘(3) EXPENDITURES FROM FUND.— ‘‘(A) IN GENERAL.—Subject to subparagraphs (B) and (C) and paragraph (4), the Administrator may make expenditures from the Fund— ‘‘(i) to cover the costs associated with the review and decisionmaking pertaining to all applications for which registration service fees have been paid under this section; and ‘‘(ii) to otherwise carry out this section. ‘‘(B) WORKER PROTECTION.—For each of fiscal years 2004 through 2008, the Administrator shall use approxi mately 1 17 of the amount in the Fund (but not more than $1,000,000, and not less than $750,000, for any fiscal year) to enhance current scientific and regulatory activities related to worker protection. ‘‘(C) NEW INERT INGREDIENTS.—For each of fiscal years 2004 and 2005, the Administrator shall use approximately 1 34 of the amount in the Fund (but not to exceed $500,000 for any fiscal year) for the review and evaluation of new inert ingredients. ‘‘(4) COLLECTIONS AND APPROPRIATIONS ACTS.—The fees authorized by this section and amounts deposited in the Fund— ‘‘(A) shall be collected and made available for obligation only to the extent provided in advance in appropriations Acts; and ‘‘(B) shall be available without fiscal year limitation. ‘‘(5) UNUSED FUNDS.—Amounts in the Fund not currently needed to carry out this section shall be— ‘‘(A) maintained readily available or on deposit; ‘‘(B) invested in obligations of the United States or guaranteed by the United States; or ‘‘(C) invested in obligations, participations, or other instruments that are lawful investments for fiduciary, trust, or public funds. ‘‘(d) ASSESSMENT OF FEES.—
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