I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘USDA Communication 

5 Regarding Oversight of Pesticides Act of 2023’’ or the 

6 ‘‘USDA CROP Act of 2023’’. 


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1 SEC. 2. OFFICE OF PEST MANAGEMENT POLICY. 

2 Section 614(c) of the Agricultural Research, Exten3 sion, and Education Reform Act of 1998 (7 U.S.C. 

4 7653(c)) is amended— 

5 (1) by striking ‘‘In support’’ and inserting the 

6 following: 

7 ‘‘(1) IN GENERAL.—In support’’; and 

8 (2) by adding at the end the following: 

9 ‘‘(2) ENVIRONMENTAL PROTECTION AGENCY.— 

10 ‘‘(A) COORDINATION OF DATA.—The Of11 fice of Pest Management Policy shall coordinate 

12 with the Environmental Protection Agency dur13 ing the pesticide registration and reevaluation 

14 processes under the Federal Insecticide, Fun15 gicide, and Rodenticide Act (7 U.S.C. 136 et 

16 seq.) and section 408 of the Federal Food, 

17 Drug, and Cosmetic Act (21 U.S.C. 346a) with 

18 respect to any action that impacts the sale, dis19 tribution, or use of a pesticide to ensure that 

20 the Environmental Protection Agency has the 

21 following data for use and consideration in 

22 making decisions under those processes: 

23 ‘‘(i) Department of Agriculture agro24 nomic use data. 

25 ‘‘(ii) Commercially available agro26 nomic use data. 


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1 ‘‘(iii) Industry agronomic use data. 

2 ‘‘(B) ECONOMIC VIABILITY OF ALTER3 NATIVES.—The Office of Pest Management Pol4 icy shall coordinate with the Environmental 

5 Protection Agency to provide information relat6 ing to the economic viability of alternatives for 

7 consideration by the Environmental Protection 

8 Agency in making registration and reevaluation 

9 decisions described in subparagraph (A) that 

10 may affect agricultural producers. 

11 ‘‘(3) REASONABLE AND PRUDENT ACTIONS AND

12 MEASURES.—The Office of Pest Management Policy 

13 shall collaborate with the United States Fish and 

14 Wildlife Service and the National Marine Fisheries 

15 Service (referred to in this paragraph as the ‘Serv16 ices’)— 

17 ‘‘(A) to review the development of reason18 able and prudent actions and measures as a re19 sult of consultations relating to actions under 

20 the Federal Insecticide, Fungicide, and 

21 Rodenticide Act (7 U.S.C. 136 et seq.); and 

22 ‘‘(B) to provide feedback to the Services on 

23 decisions relating to reasonable and prudent ac24 tions and measures that may affect agricultural 

25 producers. 


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1 ‘‘(4) RESPONSE REQUIRED FROM THE ENVI2 RONMENTAL PROTECTION AGENCY.— 

3 ‘‘(A) PUBLIC COMMENT.—Before the pub4 lication of a proposed interim decision that in5 cludes more restrictive changes to a pesticide 

6 label, including a use, tolerance, or registration 

7 decision issued as part of a registration or re8 evaluation process under the Federal Insecti9 cide, Fungicide, and Rodenticide Act (7 U.S.C. 

10 136 et seq.), the Administrator of the Environ11 mental Protection Agency (referred to in this 

12 paragraph as the ‘Administrator’) shall provide 

13 to the Office of Pest Management Policy an op14 portunity to comment on the decision for a pe15 riod of 90 days. 

16 ‘‘(B) RESPONSE.—If the Administrator re17 ceives any comments under subparagraph (A), 

18 the Administrator shall— 

19 ‘‘(i) respond to the comments; and 

20 ‘‘(ii) publish that response in the Fed21 eral Register with the applicable proposed 

22 interim decision described in subparagraph 

23 (A). 

24 ‘‘(C) DATA AND INFORMATION PROVIDED

25 BY THE OFFICE.—The Administrator shall pubVerDate Sep 11 2014 01:04 Aug 18, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5070.IH H5070

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1 lish with a proposed interim decision described 

2 in subparagraph (A), with respect to any data 

3 or information provided by the Office of Pest 

4 Management Policy under paragraph (2)— 

5 ‘‘(i) a description of the use of the 

6 data or information by the Administrator; 

7 or 

8 ‘‘(ii) if the Administrator determined 

9 not to use the data or information, a de10 scription of the reasons that the data or 

11 information was insufficient or otherwise 

12 not suitable for use by the Administrator. 

13 ‘‘(D) DELAYING EFFECTIVE DATE; PHASE

14 OUT.—If the Administrator receives any com15 ments under subparagraph (A) in which the Of16 fice of Pest Management Policy indicates that 

17 there is not an economically viable alternative, 

18 the Administrator shall ensure that an interim 

19 decision or final decision issued as part of a re20 evaluation regarding— 

21 ‘‘(i) more restrictive changes to a pes22 ticide label, including a revocation or can23 cellation of a registration, shall take effect 

24 not earlier than the last day of the full 

25 growing season that begins after the date 


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1 on which the interim decision or final deci2 sion, as applicable, and any comments by 

3 the Office of Pest Management Policy, are 

4 published in the Federal Register; or 

5 ‘‘(ii) more restrictive changes to a 

6 pesticide label, including a revocation or 

7 cancellation of a registration and a use re8 striction under the Federal Insecticide, 

9 Fungicide, and Rodenticide Act (7 U.S.C. 

10 136 et seq.), that affect agricultural pro11 ducers shall, in consultation with the Of12 fice of Pest Management Policy, take into 

13 consideration— 

14 ‘‘(I) permitting the continued 

15 sale and use of existing stocks of the 

16 pesticide in accordance with that Act; 

17 and 

18 ‘‘(II) any other authority to 

19 phase out the sale and use of the pes20 ticide.’’. 

Æ 


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