EPA Transparency for Agriculture Products Act of 2022
Bill: S.4585 | Sponsor: Sen. Marshall, Roger (R-KS)
Policy area: Agriculture and Food

Summary:
EPA Transparency for Agriculture Products Act of 2022
This bill modifies the rulemaking process of the Environmental Protection Agency (EPA) with respect to pesticide registration, revises the EPA's Science Advisory Panel to require additional nominees, and requires review of certain panel decisions or advice.

To amend the Federal Insecticide, Fungicide, and Rodenticide Act to 
   modify 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 ``EPA Transparency for Agriculture 
Products Act of 2022''.

SEC. 2. REGISTRATION REVIEW.

    Section 3 of the Federal Insecticide, Fungicide, and Rodenticide 
Act (7 U.S.C. 136a) is amended--
            (1) in subsection (g)--
                    (A) in paragraph (1)(A)--
                            (i) by redesignating clauses (ii) through 
                        (v) as clauses (iii) through (vi), 
                        respectively;
                            (ii) in clause (i), by striking the clause 
                        designation and heading and all that follows 
                        through ``The registrations'' and inserting the 
                        following:
                    ``(i) Definition of nonvoluntary.--In this 
                subparagraph, the term `nonvoluntary' means, with 
                respect to an action of the Administrator as part of a 
                registration review, that--
                            ``(I) the registrant has not provided 
                        unbiased consent to the action; or
                            ``(II) the registrant has provided consent 
                        to the action, but the Environmental Protection 
                        Agency has placed undue influence on the 
                        registrant to obtain the consent.
                    ``(ii) Periodic review.--The registrations'';
                            (iii) in clause (v) (as so redesignated), 
                        by striking ``clause (iii)'' and inserting 
                        ``clause (iv)'';
                            (iv) in clause (vi) (as so redesignated)--
                                    (I) by striking ``No registration'' 
                                and inserting the following:
                            ``(I) In general.--No registration''; and
                                    (II) by adding at the end the 
                                following:
                            ``(II) Nonvoluntary cancellation.--In the 
                        case of a nonvoluntary cancellation of a 
                        registration as a result of the registration 
                        review process, the Administrator, with the 
                        concurrence of the Secretary of Agriculture, 
                        shall determine, prior to cancellation, whether 
                        there is a viable and affordable alternative to 
                        control the same target pest.''; and
                            (v) by adding at the end the following:
                    ``(vii) Logical outgrowth.--An interim or final 
                decision issued as part of a registration review shall 
                be a logical outgrowth of the applicable proposed 
                interim decision.
                    ``(viii) Review requirements.--
                            ``(I) OMB review.--The Director of the 
                        Office of Management and Budget shall conduct 
                        an interagency review of any proposed interim, 
                        interim, or final registration decision 
                        regarding nonvoluntary, more restrictive 
                        changes to a pesticide label under a 
                        registration review.
                            ``(II) Effective date.--An interim decision 
                        or final decision issued as part of a 
                        registration review regarding nonvoluntary, 
                        more restrictive changes to a pesticide label, 
                        including a revocation or cancellation of a 
                        registration, shall take effect 1 year after 
                        the date on which the interim decision or final 
                        decision, as applicable, and any comments 
                        submitted by the Secretary of Agriculture, are 
                        published in the Federal Register.
                            ``(III) Guidance.--With respect to an 
                        interim or final decision that is subject to 
                        review under subclause (I), any guidance and 
                        any interim guidance, including question and 
                        answer, shall be issued 7 days after the date 
                        on which the decision is published in the 
                        Federal Register.
                            ``(IV) Good faith review.--The 
                        Administrator shall not deny a label or 
                        labeling proposed by a registrant as part of a 
                        registration review without conducting a good 
                        faith review.
                            ``(V) Review deadlines.--
                                    ``(aa) Limit on extensions.--The 
                                Administrator shall not extend the 
                                deadline for the final review of the 
                                label or labeling proposed by a 
                                registrant as part of a registration 
                                review for more than 2 60-day 
                                extensions.
                                    ``(bb) Deemed approval.--If the 
                                Administrator fails to take action on 
                                the label or labeling proposed by a 
                                registrant as part of a registration 
                                review before the final deadline 
                                established in accordance with item 
                                (aa), the proposed label or labeling 
                                shall be deemed approved.''; and
                    (B) in paragraph (2), by adding at the end the 
                following:
            ``(C) Agronomic use data.--The Administrator shall base any 
        decision issued as part of the registration review process on 
        Department of Agriculture agronomic use data, commercially 
        available agronomic use data, and industry agronomic use 
        data.''; and
            (2) by adding at the end the following:
    ``(i) Judicial Review.--The following shall apply to the judicial 
review of a registration:
            ``(1) In issuing a decision that would result in more 
        restrictive changes to a pesticide label, including a 
        revocation or cancellation of a registration, the court shall 
        allow the continued use of the registration through the 
        following growing season.
            ``(2) Before issuing a decision that would result in more 
        restrictive changes to a pesticide label, including a 
        revocation or cancellation of a registration, the court shall 
        conduct a de novo review to determine whether there is a viable 
        and affordable alternative to control the same target pest.''.

SEC. 3. SCIENTIFIC ADVISORY PANEL.

    Section 25(d)(1) of the Federal Insecticide, Fungicide, and 
Rodenticide Act (7 U.S.C. 136w(d)(1)) is amended--
            (1) in the eighth sentence, by striking ``12 nominees, 6 
        nominated by the National Institutes of Health and 6 by the 
        National Science Foundation,'' and inserting ``16 nominees, 6 
        of whom shall be nominated by the National Institutes of 
        Health, 6 of whom shall be nominated by the National Science 
        Foundation, and 4 of whom shall be nominated by the Secretary 
        of Agriculture (of whom 2 shall be representative of the 
        conventional agricultural industry and 2 shall be from 
        agricultural land-grant universities and have a specialty in 
        agronomy or crop production),''; and
            (2) in the nineteenth sentence, by striking ``the 
        Environmental Research, Development, and Demonstration 
        Authorization Act of 1978.'' and inserting ``section 8 of the 
        Environmental Research, Development, and Demonstration 
        Authorization Act of 1978 (42 U.S.C. 4365).''.

SEC. 4. SCIENCE ADVISORY BOARD.

    Section 8(g) of the Environmental Research, Development, and 
Demonstration Authorization Act of 1978 (42 U.S.C. 4365(g)) is 
amended--
            (1) by striking ``(g) In carrying'' and inserting the 
        following:
    ``(g) Consultation and Coordination With Scientific Advisory 
Panel.--
            ``(1) In general.--In carrying'';
            (2) in paragraph (1) (as so designated), by striking ``, as 
        amended.'' and inserting ``(7 U.S.C. 136w).''; and
            (3) by adding at the end the following:
            ``(2) Agriculture science committee.--The Agriculture 
        Science Committee of the Board, in coordination with the Chief 
        Economist of the Department of Agriculture, shall review any 
        decision or advice issued by the Scientific Advisory Panel 
        described in paragraph (1)--
                    ``(A) to determine whether the decision or advice 
                would have an economic impact of more than $100,000 on 
                the agricultural industry; and
                    ``(B) if the decision or advice would have an 
                economic impact of more than $100,000 on the 
                agricultural industry, to consider and describe that 
                economic impact.''.
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