[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5070 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 5070
To amend the Agricultural Research, Extension, and Education Reform Act
of 1998 to improve interagency coordination in the pesticide
registration process, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 28, 2023
Mr. Arrington (for himself, Mr. Strong, and Mr. C. Scott Franklin of
Florida) introduced the following bill; which was referred to the
Committee on Agriculture
_______________________________________________________________________
A BILL
To amend the Agricultural Research, Extension, and Education Reform Act
of 1998 to improve interagency coordination in the pesticide
registration process, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``USDA Communication Regarding
Oversight of Pesticides Act of 2023'' or the ``USDA CROP Act of 2023''.
SEC. 2. OFFICE OF PEST MANAGEMENT POLICY.
Section 614(c) of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7653(c)) is amended--
(1) by striking ``In support'' and inserting the following:
``(1) In general.--In support''; and
(2) by adding at the end the following:
``(2) Environmental protection agency.--
``(A) Coordination of data.--The Office of Pest
Management Policy shall coordinate with the
Environmental Protection Agency during the pesticide
registration and reevaluation processes under the
Federal Insecticide, Fungicide, and Rodenticide Act (7
U.S.C. 136 et seq.) and section 408 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 346a) with
respect to any action that impacts the sale,
distribution, or use of a pesticide to ensure that the
Environmental Protection Agency has the following data
for use and consideration in making decisions under
those processes:
``(i) Department of Agriculture agronomic
use data.
``(ii) Commercially available agronomic use
data.
``(iii) Industry agronomic use data.
``(B) Economic viability of alternatives.--The
Office of Pest Management Policy shall coordinate with
the Environmental Protection Agency to provide
information relating to the economic viability of
alternatives for consideration by the Environmental
Protection Agency in making registration and
reevaluation decisions described in subparagraph (A)
that may affect agricultural producers.
``(3) Reasonable and prudent actions and measures.--The
Office of Pest Management Policy shall collaborate with the
United States Fish and Wildlife Service and the National Marine
Fisheries Service (referred to in this paragraph as the
`Services')--
``(A) to review the development of reasonable and
prudent actions and measures as a result of
consultations relating to actions under the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.
136 et seq.); and
``(B) to provide feedback to the Services on
decisions relating to reasonable and prudent actions
and measures that may affect agricultural producers.
``(4) Response required from the environmental protection
agency.--
``(A) Public comment.--Before the publication of a
proposed interim decision that includes more
restrictive changes to a pesticide label, including a
use, tolerance, or registration decision issued as part
of a registration or reevaluation process under the
Federal Insecticide, Fungicide, and Rodenticide Act (7
U.S.C. 136 et seq.), the Administrator of the
Environmental Protection Agency (referred to in this
paragraph as the `Administrator') shall provide to the
Office of Pest Management Policy an opportunity to
comment on the decision for a period of 90 days.
``(B) Response.--If the Administrator receives any
comments under subparagraph (A), the Administrator
shall--
``(i) respond to the comments; and
``(ii) publish that response in the Federal
Register with the applicable proposed interim
decision described in subparagraph (A).
``(C) Data and information provided by the
office.--The Administrator shall publish with a
proposed interim decision described in subparagraph
(A), with respect to any data or information provided
by the Office of Pest Management Policy under paragraph
(2)--
``(i) a description of the use of the data
or information by the Administrator; or
``(ii) if the Administrator determined not
to use the data or information, a description
of the reasons that the data or information was
insufficient or otherwise not suitable for use
by the Administrator.
``(D) Delaying effective date; phase out.--If the
Administrator receives any comments under subparagraph
(A) in which the Office of Pest Management Policy
indicates that there is not an economically viable
alternative, the Administrator shall ensure that an
interim decision or final decision issued as part of a
reevaluation regarding--
``(i) more restrictive changes to a
pesticide label, including a revocation or
cancellation of a registration, shall take
effect not earlier than the last day of the
full growing season that begins after the date
on which the interim decision or final
decision, as applicable, and any comments by
the Office of Pest Management Policy, are
published in the Federal Register; or
``(ii) more restrictive changes to a
pesticide label, including a revocation or
cancellation of a registration and a use
restriction under the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136 et
seq.), that affect agricultural producers
shall, in consultation with the Office of Pest
Management Policy, take into consideration--
``(I) permitting the continued sale
and use of existing stocks of the
pesticide in accordance with that Act;
and
``(II) any other authority to phase
out the sale and use of the
pesticide.''.
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