[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4585 Introduced in Senate (IS)]
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117th CONGRESS
2d Session
S. 4585
To amend the Federal Insecticide, Fungicide, and Rodenticide Act to
modify the pesticide registration process, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 21, 2022
Mr. Marshall introduced the following bill; which was read twice and
referred to the Committee on Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
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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