Pub. L. 117-328, div. HH, tit. VI, subtit. A, sec. 703
EXTENSION AND MODIFICATION OF MAINTENANCE FEE AUTHORITY.
SEC. 703. EXTENSION AND MODIFICATION OF MAINTENANCE FEE AUTHORITY.(a) Extension and Modification of Maintenance Fee Authority.—Section 4(i) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a–1(i)) is amended—(1) in paragraph (1)—(A) in subparagraph (C), by striking “2023” and inserting “2022, and $42,000,000 for each of fiscal years 2023 through 2027”; (B) in subparagraph (D)—(i) in clause (i), by striking “2023” and inserting “2022, and $172,000 for each of fiscal years 2023 through 2027”; and (ii) in clause (ii), by striking “2023” and inserting “2022, and $277,200 for each of fiscal years 2023 through 2027”; (C) in subparagraph (E)(i)—(i) in subclause (I), by striking “2023” and inserting “2022, and $105,000 for each of fiscal years 2023 through 2027”; and (ii) in subclause (II), by striking “2023” and inserting “2022, and $184,800 for each of fiscal years 2023 through 2027”; (D) by redesignating subparagraphs (G), (H), and (I) as subparagraphs (L), (M), and (N); (E) by inserting after subparagraph (F) the following:“(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; and136 STAT. 6000 “(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 33(c)(3)(B), 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—136 STAT. 6001 “(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 136 STAT. 6002 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.” ; and (F) in subparagraph (N) (as so redesignated), by striking “2023” and inserting “2027”; and (2) in paragraph (2)—(A) by striking “section 33(b)(3)” and inserting “section 33(b)(3)(B)”; and (B) by striking “the Pesticide Registration Improvement Extension Act of 2018 and ending on September 30, 2025” and inserting “the Pesticide Registration Improvement Act of 2022 and ending on September 30, 2029”. (b) Extension of Prohibition on Tolerance Fees.—Section 408(m)(3) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 346a(m)(3)) is amended by striking “the Pesticide Registration Improvement Renewal Act and ending on September 30, 2023” and inserting “the Pesticide Registration Improvement Act of 2022 and ending on September 30, 2027”.