small business
(1) Maintenance fee (A) In general .— Subject to other provisions of this paragraph, each registrant of a pesticide shall pay an annual fee by January 15 of each year for each registration, except that no fee shall be charged for more than 200 registrations held by any registrant. (B) In the case of a pesticide that is registered for a minor agricultural use, the Administrator may reduce or waive the payment of the fee imposed under this paragraph if the Administrator determines that the fee would significantly reduce the availability of the pesticide for the use. (C) Total amount of fees .— The amount of each fee prescribed under subparagraph (A) shall be adjusted by the Administrator to a level that will result in the collection under this paragraph of, to the extent practicable, an average amount of $31,000,000 for each of fiscal years 2019 through 2022, and $42,000,000 for each of fiscal years 2023 through 2027. (D) Maximum amount of fees for registrants .— The maximum annual fee payable under this paragraph by— (i) a registrant holding not more than 50 pesticide registrations shall be $129,400 for each of fiscal years 2019 through 2022, and $172,000 for each of fiscal years 2023 through 2027; and (ii) a registrant holding over 50 registrations shall be $207,000 for each of fiscal years 2019 through 2022, and $277,200 for each of fiscal years 2023 through 2027. (E) Maximum amount of fees for small businesses.— (i) In general .— For a small business, the maximum annual fee payable under this paragraph by— (I) a registrant holding not more than 50 pesticide registrations shall be $79,100 for each of fiscal years 2019 through 2022, and $105,000 for each of fiscal years 2023 through 2027; and (II) a registrant holding over 50 pesticide registrations shall be $136,800 for each of fiscal years 2019 through 2022, and $184,800 for each of fiscal years 2023 through 2027. (ii) Definition of small business.— (I) In general .— In clause (i), the term “small business” means a corporation, partnership, or unincorporated business that— (aa) has 500 or fewer employees; and (bb) during the 3-year period prior to the most recent maintenance fee billing cycle, had an average annual global gross revenue from pesticides that did not exceed $60,000,000. (II) Affiliates.— (aa) In general .— In the case of a business entity with 1 or more affiliates, the gross revenue limit under subclause (I)(bb) shall apply to the gross revenue for the entity and all of the affiliates of the entity, including parents and subsidiaries, if applicable. (bb) Affiliated persons .— For the purpose of item (aa), persons are affiliates of each other if, directly or indirectly, either person controls or has the power to control the other person, or a third person controls or has the power to control both persons. (cc) Indicia of control .— For the purpose of item (aa), indicia of control include interlocking management or ownership, identity of interests among family members, shared facilities and equipment, and common use of employees. (F) Fee reduction for certain small businesses.— (i) Definition .— In this subparagraph, the term “qualified small business entity” means a corporation, partnership, or unincorporated business that— (I) has 500 or fewer employees; (II) during the 3-year period prior to the most recent maintenance fee billing cycle, had an average annual global gross revenue from all sources that did not exceed $10,000,000; and (III) holds not more than 5 pesticide registrations under this paragraph. (ii) Waiver .— Except as provided in clause (iii), the Administrator shall waive 25 percent of the fee under this paragraph applicable to the first registration of any qualified small business entity under this paragraph. (iii) Limitation .— The Administrator shall not grant a waiver under clause (ii) to a qualified small business entity if the Administrator determines that the entity has been formed or manipulated primarily for the purpose of qualifying for the waiver. (G) Farm worker training and education grants.— (i) Set-aside .— In addition to amounts otherwise available, for fiscal years 2023 through 2027, the Administrator shall use not more than $7,500,000 of the amounts collected under this paragraph to provide grants to organizations described in clause (ii) for purposes of facilitating— (I) training of farm workers; (II) education of farm workers with respect to— (aa) rights of farm workers relating to pesticide safety; and (bb) the worker protection standard under part 170 of title 40, Code of Federal Regulations (or successor regulations); (III) the development of new informational materials; (IV) the development of training modules; and (V) the development of innovative methods of delivery of such informational materials and training modules. (ii) Eligibility .— To be eligible to receive a grant under this subparagraph, an organization shall have demonstrated experience in— (I) providing training and education services for farm workers or handlers of pesticides; or (II) developing informational materials for farm workers or handlers of pesticides. (iii) Community-based organizations.— (I) Community-based non-profit farm worker organization grants .— The Administrator shall use funds available under clause (i) to provide grants to community-based non-profit farm worker organizations. (II) Application of funds .— The Administrator shall apply the unspent balance of funds available (up to $1,800,000) under clause (i) in fiscal years 2025 through 2027 to carry out subclause (I). (iv) Interim funding .— In addition to amounts otherwise available, the Administrator may use not more than $1,200,000 in fiscal years 2023 and 2024 to fund existing cooperative agreements that were authorized under section 136w–8(c)(3)(B) of this title , as such section was in effect as of March 8, 2019 . (v) Partnerships .— Organizations described in clause (ii) may apply for a grant under this subparagraph as a partnership with another organization, provided such organizations, at the time of application, have entered into an agreement designating— (I) a member of the partnership that will enter into the assistance agreement with the Environmental Protection Agency for the purposes of accountability for the proper expenditure of Federal funds; (II) performance of the assistance agreement; (III) liability for claims for recovery of unallowable costs incurred under the agreement; and (IV) specifying roles in performing the proposed scope of work for the assistance agreement. (H) Health care provider training.— (i) Set-aside .— In addition to other amounts available, for the period of fiscal years 2023 through 2027, the Administrator shall use not more than $2,500,000 of the amounts collected under this paragraph to provide grants to nonprofit organizations described in clause (ii) for purposes of facilitating— (I) technical assistance and training of health care providers relating to the recognition, treatment, and management of pesticide-related injuries and illnesses; (II) the development of informational materials for technical assistance and training described in subclause (I); and (III) the development of outreach and delivery methods relating to the recognition, treatment, and management of pesticide-related illnesses. (ii) Eligibility .— To be eligible to receive a grant under this subparagraph, a nonprofit organization shall have demonstrated experience in providing technical assistance and training to health care providers who serve farm worker populations. (iii) Partnerships .— Organizations described in clause (ii) may apply for a grant under this subparagraph as a partnership with another organization, provided such organizations, at the time of application, have entered into an agreement designating— (I) a member of the partnership that will enter into the assistance agreement with the Environmental Protection Agency for the purposes of accountability for the proper expenditure of Federal funds; (II) performance of the assistance agreement; (III) liability for claims for recovery of unallowable costs incurred under the agreement; and (IV) roles in performing the proposed scope of work for the assistance agreement. (I) Partnership grants .— In addition to funds otherwise available, for each of fiscal years 2023 through 2027, the Administrator shall use not more than $500,000 of the amounts collected under this paragraph for partnership grants. (J) Pesticide safety education program .— In addition to amounts otherwise available, for each of fiscal years 2023 through 2027, the Administrator shall use not more than $500,000 of the amounts collected under this paragraph to carry out the pesticide safety education program. (K) Technical assistance to grantees.— (i) Set-aside .— In addition to other amounts available, for fiscal years 2023 through 2027, the Administrator shall use not more than $1,750,000 of the amounts collected under this paragraph to provide grants to nonprofit organizations, subject to such conditions as the Administrator establishes to prevent conflicts of interest, to provide easily accessible technical assistance to grantees receiving, and potential grantees applying for, grants under subparagraphs (G) and (H). (ii) Considerations .— In evaluating requests for grants under this subparagraph, the Administrator shall consider, at a minimum, the extent to which— (I) the organization applying for the grant has experience providing technical assistance to farm worker or clinician-training organizations; and (II) the proposed project would make specific technical assistance available to organizations seeking information and assistance concerning— (aa) the grant application process; (bb) the drafting of grant applications; and (cc) compliance with grant management and reporting requirements. (iii) No suitable organization .— If no suitable organization requests a grant under this subparagraph, the Administrator shall provide technical assistance described in clause (i) using the amounts made available by that clause. (iv) Stakeholder input .— In formulating requests for proposals for grants under subparagraphs (G) and (H) for a fiscal year, the Administrator shall solicit and consider, in an open and transparent manner that does not provide a competitive advantage to any person or persons, input from persons who conduct farm worker education and training, or technical assistance and training of clinicians, regarding the request for proposals. (L) The Administrator shall exempt any public health pesticide from the payment of the fee prescribed under this paragraph if, in consultation with the Secretary of Health and Human Services, the Administrator determines, based on information supplied by the registrant, that the economic return to the registrant from sales of the pesticide does not support the registration or reregistration of the pesticide. (M) If any fee prescribed by this paragraph with respect to the registration of a pesticide is not paid by a registrant by the time prescribed, the Administrator, by order and without hearing, may cancel the registration. (N) The authority provided under this paragraph shall terminate on September 30, 2027 .