[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4079 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 4079
To direct the Administrator of the Environmental Protection Agency to
take certain actions related to pesticides that may affect pollinators,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 23, 2021
Mr. Blumenauer (for himself, Mr. McGovern, Mr. Cartwright, Mr. Casten,
Ms. Castor of Florida, Ms. Chu, Mr. Cohen, Mr. Connolly, Mr. DeFazio,
Mr. Garcia of Illinois, Mr. Himes, Mr. Huffman, Ms. Kaptur, Mr.
Keating, Mr. Khanna, Ms. Kuster, Mr. Lamb, Ms. Lee of California, Mr.
Levin of Michigan, Mr. Lowenthal, Ms. McCollum, Mrs. Napolitano, Ms.
Newman, Ms. Norton, Ms. Pingree, Mr. Quigley, Ms. Scanlon, Ms.
Schakowsky, Ms. Slotkin, Mr. Smith of Washington, Mr. Thompson of
California, Mr. Tonko, Ms. Velazquez, Ms. Barragan, Mr. Lieu, Ms. Meng,
Mr. Takano, and Mr. Raskin) introduced the following bill; which was
referred to the Committee on Agriculture
_______________________________________________________________________
A BILL
To direct the Administrator of the Environmental Protection Agency to
take certain actions related to pesticides that may affect pollinators,
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 ``Saving America's Pollinators Act of
2021''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Pollination services are a vital part of agricultural
production, valued at over $125,000,000,000 globally. According
to a 2014 Presidential memorandum, pollinators provide for an
annual amount of $24,000,000,000 to the economy of the United
States and honey bees account for $15,000,000,000 of such
amount. Similarly, pollination services of native pollinators,
such as bumblebees, squash bees, and mason bees, contribute
over $3,000,000,000 to the United States agricultural economy
and are estimated to contribute between $937,000,000 and
$2,400,000,000 to the economy of California alone.
(2) One-third of food produced in North America--including
nearly 100 varieties of fruits and vegetables such as almonds,
avocados, cranberries, and apples--depends on pollination by
bees.
(3) Over the past several years, documented incidents of
colony collapse disorder and other forms of excess bee
mortality have been at a record high, with some beekeepers
repeatedly losing 100 percent of their operations. The national
honey crop reported in 2017 was the lowest in many decades.
(4) National surveys sponsored by the Federal Government
indicates that United States beekeepers lost between 35 and 46
percent of their hives annually between 2012 and 2018. On
average, two-thirds of beekeepers experienced loss rates
greater than the established acceptable winter mortality rates.
(5) According to scientists at the Department of
Agriculture, current losses of honey bee colonies are too high
to confidently ensure the United States will be able to meet
the pollination demands for agricultural crops.
(6) Native pollinators, such as bumblebees, have also
suffered alarming population declines. There are currently more
than 40 pollinator species federally listed as threatened or
endangered, and most recently, the iconic monarch butterfly has
declined by 90 percent.
(7) Scientists have linked the use of a certain class of
systemic insecticides, known as neonicotinoids, to the rapid
decline of pollinators and to the deterioration of pollinator
health.
(8) Neonicotinoids cause sublethal effects, including
impaired foraging and feeding behavior, disorientation,
weakened immunity, delayed larval development, and increased
susceptibility to viruses, diseases, and parasites. Numerous
reports also document acute, lethal effects from the
application of neonicotinoids.
(9) Conclusions from a recent global review of the impacts
of systemic pesticides, primarily neonicotinoids, warn that
they are causing significant damage to a wide range of
beneficial invertebrate species, are a key factor in the
decline of bees, and pose a global threat to biodiversity and
ecosystem services. Another recent global review documented
high levels of freshwater contamination.
(10) Science has demonstrated that a single corn kernel
coated with a neonicotinoid is toxic enough to kill a songbird.
Peer-reviewed research from the Netherlands has shown that the
most severe bird population declines occurred in those areas
where neonicotinoid pollution was highest. Starlings, tree
sparrows, and swallows were among the most affected.
(11) In June 2013, over 50,000 bumblebees were killed as a
direct result of exposure to a neonicotinoid applied to linden
trees for cosmetic purposes.
(12) In February 2014, Eugene, Oregon, voted to ban the use
of neonicotinoid pesticides on city property. Similar bans and
restrictions have been enacted in Thurston County, Spokane, and
Seattle, Washington, Portland, Oregon, Skagway, Alaska, and
several other communities across the United States. The States
of Connecticut, Maryland, and Vermont have all passed laws
restricting consumer use of neonicotinoids in favor of less
toxic alternative products and practices.
(13) In June 2014, a Presidential memorandum established a
Pollinator Health Task Force after identifying pollinator
decline as a threat to the sustainability of food production
systems, the agricultural economy, and the health of the
environment in the United States.
(14) In July 2014, the United States Fish and Wildlife
Service announced plans to phase out neonicotinoid pesticides
in all national wildlife refuges across the United States by
January 2016. The United States Fish and Wildlife Service
recognized that the prophylactic use of neonicotinoids for
agricultural purposes harms a wide range of nontarget species
and is therefore inconsistent with the management policy of the
United States Fish and Wildlife Service.
(15) In October 2014, an assessment by the Environmental
Protection Agency found that neonicotinoid seed coatings
provide little benefit to overall soybean crop yield.
Additional studies determined that in approximately 80 to 90
percent of row crop uses, neonicotinoid coatings are
unnecessary. The prophylactic overuse of neonicotinoids
violates the fundamental principles of integrated pest
management.
(16) In November 2014, the Province of Ontario, Canada,
announced the province will move to restrict the use of
neonicotinoid-coated corn and soybean seeds because of the
broad harms from their overuse, with a goal of 80 percent
reduction by 2017.
(17) In September 2015, the Circuit Court of the United
States for the Ninth Circuit ruled to revoke the Environmental
Protection Agency's approval for sulfoxaflor--a neonicotinoid
pesticide.
(18) In November 2016, Health Canada, the department of the
Government of Canada responsible for national public health,
proposed a ban on almost all outdoor uses of the neonicotinoid
imidacloprid, saying it is contaminating Canadian waterways at
levels that can harm insects and the ecosystem.
(19) The President's budget for fiscal year 2018 cuts
funding for pesticide review programs of the Environmental
Protection Agency by 20 percent delaying reviews of new,
potentially safer pesticides as well as reviews of older, more
dangerous pesticides such as neonicotinoids.
(20) In 2018, the European Union permanently banned outdoor
uses of the neonicotinoids imidacloprid, clothianidin, and
thiamethoxam after the European Food Safety Authority confirmed
their risks to honey bees and wild bees.
(21) In August 2018, Health Canada, proposed a ban on
almost all outdoor uses of clothianidin and thiamethoxam
similar to the proposed ban on imidacloprid, citing concerns
that the chemicals are contaminating Canadian waterways at
levels that can harm insects and the ecosystem.
(22) Worldwide, insects are experiencing population
declines twice as high as those of vertebrate species, with a
rate of local species extinction eight times higher than that
of vertebrate species. About one-third of all insect species
are threatened with extinction, with 1 percent added every
year. Such declines result in an annual 2.5 percent loss in
biomass, which threatens the overall functioning and stability
of ecosystems worldwide.
(23) Insect biodiversity is essential to the proper
functioning of ecosystems, and declines are disrupting
pollination, natural pest control, food resources, nutrient
recycling, and decomposition services provided by insects.
(24) Major declines in insect populations can be traced to
the expansion of intensive, industrial agriculture, including
the systematic and widespread use of insecticides, herbicides,
fungicides, and chemical fertilizers.
(25) Because insects constitute the world's most abundant
and speciose animal group and provide critical services within
ecosystems, such event cannot be ignored and should prompt
decisive action to avert a catastrophic collapse of nature's
ecosystems.
SEC. 3. ESTABLISHMENT OF A POLLINATOR PROTECTION BOARD.
(a) In General.--The Administrator of the Environmental Protection
Agency (in this section referred to as the ``Administrator'') shall
establish a Pollinator Protection Board in accordance with the Federal
Advisory Committee Act (5 U.S.C. App. 2 et seq.) (hereafter referred to
in this section as the ``Board'') to assist in the development of an
independent review process for pesticides that pose a threat to
pollinators and pollinator habitat, and advise the Administrator on any
other aspects of the implementation of this title.
(b) Composition of the Board.--The Board shall be composed of 15
members without conflicts of interests (as defined in subsection (g) of
this Act) of which--
(1) 4 shall be scientists with expertise in pollinators,
toxicology, and ecosystems, of which at least 1 shall have
expertise in native bees;
(2) 3 shall be beekeepers--
(A) 1 shall be a commercial beekeeper;
(B) 1 shall be a chemical-free beekeeper; and
(C) 1 shall be a hobby beekeeper;
(3) 2 shall be certified organic farmers;
(4) 2 shall be non-organic farmers;
(5) 3 shall be representatives of environment,
conservation, or resource organizations; and
(6) 1 shall be a representative of a commercial enterprise
that protects bees.
(c) Appointment.--Not later than 180 days after the date of the
enactment of this Act, the Administrator shall appoint members of the
Board under subsection (b) from nominations received from States, State
beekeeping organizations, and other interested persons and
organizations.
(d) Term.--A member of the Board shall serve for a term of 5 years
except that with respect to initial appointments of the Board, 7
members shall serve for a 4-year term. A member may not serve
consecutive terms unless such member served an original term that was
less than 5 years.
(e) Meetings.--The Administrator shall convene a first meeting of
the Board not later than 60 days after the appointment of the members
under subsection (c) and shall convene subsequent meetings at least
once a year thereafter.
(f) Compensation and Expenses.--A member of the Board--
(1) shall serve without compensation; and
(2) may be allowed travel or transportation expenses under
section 5703 of title 5, United States Code.
(g) Conflict of Interest.--Except for the representative specified
in subsection (b)(6), no member of the Board or any technical advisory
panel of such Board may have a financial or other interest that can
reasonably be anticipated to interfere with the impartial and
scientific assessment of the information to be considered under
subsection (k)(1)(A), such as the acceptance of contributions,
donations, remunerations, or grants by the pesticide or agrochemical
industry, or related groups.
(h) Chairperson.--The Board shall select a Chairperson for the
Board.
(i) Quorum.--A majority of the members of the Board shall
constitute a quorum for the purpose of conducting business.
(j) Decisive Votes.--Two-thirds of the votes cast at a meeting of
the Board at which a quorum is present shall be decisive of any motion.
(k) Other Terms and Conditions.--The Administrator shall authorize
the Board to hire a staff director and shall detail staff of the
Environmental Protection Agency or allow for the hiring of staff and
may, subject to necessary appropriations, pay necessary expenses
incurred by the Board in carrying out the provisions of this Act, as
determined appropriate by the Administrator.
(1) In general.--The Board shall evaluate pesticides
registered and under application for registration for
application to plants or plant seeds by the Environmental
Protection Agency under sections 3 and 4 of the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a) for
their toxicity to pollinators and pollinator habitat, using the
following evaluation procedures:
(A) Evaluation procedures.--In evaluating
pesticides for their toxicity to pollinators and
pollinator habitat and making determinations under
paragraph (2), the Board shall consider the following:
(i) Available information from the
Environmental Protection Agency, United States
Department of Agriculture, National Institute
of Environmental Health Studies and such other
sources as appropriate, concerning the
potential for adverse effects of a pesticide on
pollinator populations or pollinator habitat.
(ii) Peer-reviewed scientific literature
relating to the impact of a registered
pesticide on individual pollinators, pollinator
populations, overall insect biomass and
biodiversity, and pollinator habitat,
including--
(I) chronic and acute toxicity of a
registered pesticide on individual
pollinators, pollinator populations,
and pollinator habitat;
(II) ecosystem-wide impacts of a
pesticide, including but not limited to
secondary non-target impacts and
impacts to the trophic food web; and
(III) synergistic effects of a
pesticide on individual pollinators,
pollinator populations, overall insect
biomass and biodiversity, and
pollinator habitat.
(iii) Field studies examining the impact of
a pesticide on honey bees and native bees,
including bumblebees and solitary bees.
(iv) Alternative products and practices
that may be adopted in place of the pesticide
under evaluation.
(B) Technical advisory panels.--The Board shall
convene technical advisory panels, without conflicts of
interest, to provide scientific evaluation of
pesticides under paragraph (1). Such panels may include
experts in agronomy, entomology, conservation ecology,
health sciences, toxicology, and other relevant
disciplines.
(2) Determinations.--
(A) In general.--After conducting evaluation
procedures, the Board shall hold a vote regarding
whether registration of the evaluated pesticide under
section 3 or 4 of the Federal Insecticide, Fungicide,
and Rodenticide Act (7 U.S.C. 136a) presents an
unacceptable hazard, based upon the potential to cause
harm, including injury, illness, or damage to honey
bees, and other pollinators, or pollinator habitat.
Such determination shall be made on the basis of the
factors specified in paragraph (1)(A). The registration
of an evaluated pesticide shall only be affirmed by a
decisive vote of the Board finding the pesticide does
not present an unacceptable hazard-based upon the
potential to cause harm, including injury, illness, or
damage to honey bees, and other pollinators, or
pollinator habitat.
(B) No vote.--If an evaluated pesticide's
registration is not affirmed by a decisive vote of the
Board, the Administrator shall within 30 days issue a
notice of intent to cancel the registration of a
pesticide pursuant to section 6 of the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.
136d).
(C) Cancellation.--Pesticides subject to
cancellation procedures as a result of the Board's
determination are prohibited from continued sale and
use of existing stocks.
(D) Denial of registration.--If a pesticide not yet
registered under section 3 or 4 of the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.
136a) is not affirmed registration by a decisive vote,
the Administrator shall deny registration under such
sections.
(3) Prioritizing reviews.--
(A) In general.--The Board shall establish
procedures to evaluate registered pesticides for their
harm to pollinators and pollinator habitat,
prioritizing those identified by the Environmental
Protection Agency or peer-reviewed scientific
literature as posing acute or chronic risks to honey
bees or other pollinators. The Board may collectively
evaluate and vote upon pesticides associated with one
or more related active ingredients to enhance the
efficiency of its review.
(B) Priority.--The Board shall review pesticides
prior to registration under sections 3 and 4 of the
Federal Insecticide, Fungicide, and Rodenticide Act (7
U.S.C. 136a) if preliminary data indicates acute or
chronic risks to honey bees or other pollinators. Such
pesticides shall be prioritized by the Board.
(C) Petition.--Any person may petition the Board to
prioritize review of one or more pesticides.
(4) Report.--Pesticides not affirmed for registration by a
decisive vote of the Board shall be transmitted to the
Administrator in a formal report. Such a report shall outline
in detail the Board's reasoning for its determination.
(l) No Additions.--The Administrator may not include exemptions for
the use of specific substances or specific uses of substances proposed
for cancellation by the Board.
(m) Notice and Comment.--Before issuing the cancellation, the
Administrator shall seek public comment on such proposals, and may
adopt standards that are only more restrictive than the Board's
determination.
SEC. 4. URGENT REGULATORY RESPONSE FOR HONEY BEE AND POLLINATOR
PROTECTION.
(a) In General.--
(1) Cancellation.--Effective on the date of enactment of
this subsection--
(A) all active ingredients and pesticide products
containing one or more of the active ingredients
imidacloprid, clothianidin, thiamethoxam, dinotefuran,
acetamiprid, sulfoxaflor, flupyradifurone,
chlorantraniliprole, or fipronil (referred to in this
subsection as ``neonicotinoid pesticides'') shall be
deemed to generally cause unreasonable adverse effects
to the environment; and
(B) notwithstanding any other provision of law,
including section 6(b) of the Federal Insecticide,
Fungicide and Rodenticide Act, the registration of all
uses of neonicotinoid pesticides shall be immediately
and permanently canceled by operation of law and
without further proceedings.
(2) Revocation of tolerances and exemptions.--Not later
than 6 months after the date of enactment of this subsection,
the Administrator of the Environmental Protection Agency (in
this section referred to as the ``Administrator'') shall, in
accordance with section 408(b)(1)(B) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 346a(b)(1)(B)), revoke any
tolerance or exemption that allows the presence of a
neonicotinoid pesticide, or any pesticide chemical residue that
results from neonicotinoid pesticide use, in or on food.
(b) Sale of Existing Stocks Prohibited.--Effective on the date of
enactment of this subsection, the continued sale or use of existing
stocks of neonicontinoid pesticides shall be prohibited.
(c) No Future Neonicotinoid Registrations.--Effective on the date
of enactment of this subsection, the Administrator may not register any
neonicotinoid pesticide under section 4 of the Federal Insecticide,
Fungicide and Rodenticide Act.
(d) Monitoring of Native Bees.--The Secretary of the Interior, in
coordination with the Administrator and the Secretary of Agriculture,
shall, for purposes of protecting and ensuring the long-term viability
of native bees and other pollinators of agricultural crops,
horticultural plants, wild plants, and other plants--
(1) consult with members of the Pollinating Insects
Research Units of the Agricultural Research Service of the
Department of Agriculture, the Pollinator Protection Board,
taxonomists who survey and identify native bees, and other
pollinator scientists on the best methods and data collection;
(2) annually monitor the health and population status of
native bees, including the status of native bees in
agricultural and nonagricultural habitats including rural,
urban, and suburban areas within each of the twelve unified
regions as defined by the Secretary of the Interior, noted on
U.S. Geological Survey map dated July 20, 2018;
(3) identify the scope and likely causes of unusual native
bee mortality; and
(4) beginning not later than 180 days after the date of the
enactment of this Act and each year thereafter, submit to
Congress, and make available to the public, a report on such
health and population status.
(e) Exemptions.--
(1) In general.--An exemption under section 18 of the
Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.
136p) may not be made with respect to the use by a Federal or
State agency of a neonicotinoid pesticide unless the Board
established by section 3 of this Act determines by a decisive
vote that use of the pesticide is warranted for one of the
following reasons--
(A) in an emergency situation to avert significant
risk to threatened or engendered species as described
in clauses (i) and (ii) of section 166.2(a)(2) of title
40, Code of Federal Regulations (or successor
regulations);
(B) to quarantine invasive species as described in
section 166.2(b) of title 40, Code of Federal
Regulations (or successor regulations); or
(C) to protect public health as described in
section 166.2(c) of title 40, Code of Federal
Regulations (or successor regulations).
(2) Limitations.--If the Board makes a determination under
paragraph (1) with respect to an exemption under section 18 of
the Federal Insecticide, Fungicide, and Rodenticide Act (7
U.S.C. 136p), the Board shall conduct an evaluation of the use
of the pesticide pursuant to section 3(k)(1)(A) of this Act not
less than once per year.
(3) Renewal.--The Board shall evaluate all applications for
exemptions under section 18 of the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136p) regardless of
past Board approvals for exemptions for that pesticide.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out the provisions of this Act.
<all>