II 118th CONGRESS 1st Session S. 2472 IN THE SENATE OF THE UNITED STATES July 25, 2023 Mr. Marshall (for himself, Mrs. Hyde-Smith , and Mr. Wicker ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry 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. 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 . 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. .