[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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