H.R. 9791

119 HR 9791 IH: Nullifying Overbearing Federal Expenditures and Exorbitant Spending Act of 2026
 U.S. House of Representatives
 2026-07-20
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 I  119th CONGRESS  2d Session  H. R. 9791  IN THE HOUSE OF REPRESENTATIVES   July 20, 2026   Mr. Perry  introduced the following bill; which was referred to the  Committee on Energy and Commerce    A BILL
To amend the Federal Food, Drug, and Cosmetic Act with respect to the requirements for the small business waiver from device fees related to annual establishment registration, and for other purposes.
1.
Short title
This Act may be cited as the   Nullifying Overbearing Federal Expenditures and Exorbitant Spending Act of 2026   or the   NO FEES Act of 2026  .
2.
Small business fee waiver
(a)
Small businesses fee waiver
(1)
Definition of small business
Section 738(a)(3)(B)(ii)(I) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379j(a)(3)(B)(ii)(I) ) is amended to read as follows:
(I)
Definition of small business
For purposes of this clause, the term  small business  means an entity that employs less than 20 full-time equivalent employees, including such employees of all of its affiliates.
  .
(2)
Waiver
Section 738(a)(3)(B)(ii)(II) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379j(a)(3)(B)(ii)(II) ) is amended to read as follows:
(II)
Waiver
(aa)
In general
Subject to subclause (V), the Secretary shall grant a waiver of the fee required under subparagraph (A) for the annual registration of an establishment for a year if the Secretary finds that such establishment is a small business.
(bb)
Prohibition on Secretary considering payment
  history
In determining whether to grant a waiver under this clause, the Secretary may not consider whether an establishment paid the fee required under subparagraph (A) for any year prior to the year for which the establishment requests such waiver.
(cc)
Size and affiliation standards
For purposes of determining whether an establishment is a small business under this clause, the Secretary shall apply the standards of the Small Business Administration related to size eligibility and affiliation, as described in sections 121.103 and 121.106 of title 13, Code of Federal Regulations (or successor regulations).
(dd)
Information demonstrating establishment size
For purposes of demonstrating that an establishment requesting a waiver is a small business under this clause, such establishment shall submit to the Secretary, at least 60 days before the fee is due pursuant to subparagraph (C), a copy of its most recent Federal income tax return for a taxable year or its most recent payroll register.
  .
(3)
Exclusion of foreign companies
Section 738(a)(3)(B)(ii)(III) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379j(a)(3)(B)(ii)(III) ) is amended to read as follows:
(III)
Exclusion of foreign companies
An entity that is organized under the laws of a foreign government may not—
(aa)
apply for a waiver under this clause; or
(bb)
form an entity under the laws of the United States for purposes of applying for a waiver under this clause.
  .
(4)
Waiver amount; expiration of eligibility
Section 738(a)(3)(B)(ii) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379j(a)(3)(B)(ii) ) is amended by striking subclause (IV) and inserting the following:
(IV)
Waiver amount
A waiver granted by the Secretary to an establishment under this clause shall cover—
(aa)
with respect to the 3-year period beginning on the date on which the Secretary first determines that such establishment qualifies for such waiver, 100 percent of the amount of the fee required under subparagraph (A); and
(bb)
with respect to the subsequent 2-year period, 50 percent of such amount.
(V)
Expiration of eligibility
The Secretary may not grant a waiver to an establishment under this clause following—
(aa)
the date of a determination by the Secretary, if any, that such establishment is not a small business; or
(bb)
the expiration of the 5-year period of coverage applicable to such establishment under subclause (IV).
  .
(5)
Non-reviewability
Section 738(a)(3)(B)(ii)(V) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379j(a)(3)(B)(ii)(V) ) is amended by striking
Request for waiver.—   and all that follows through  subparagraph (C).  and inserting
Non-reviewability.—  .
3.
Annual registration fee for foreign companies
Section 738(a)(3) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379j(a)(3) ) is amended by adding at the end the following:
(D)
Annual registration fee for foreign companies
With respect to an establishment owned or operated by an entity organized under the laws of a foreign government, the fee for an initial or annual registration under section 510 shall be equal to the fee required under subparagraph (A) multiplied by 8.
 .
4.
Effective date
The amendments made by this Act shall apply beginning on the date that is 90 days after the date of enactment of this Act.