[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3764 Introduced in Senate (IS)]

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115th CONGRESS
  2d Session
                                S. 3764

To amend the Food, Agriculture, Conservation, and Trade Act of 1990 and 
the Federal Insecticide, Fungicide, and Rodenticide Act to require the 
 pre- and post-application reporting of, and to establish buffer zones 
   for, restricted use pesticides, to prohibit the use of pesticides 
            containing chlorpyrifos, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 18, 2018

  Mr. Schatz introduced the following bill; which was read twice and 
   referred to the Committee on Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
To amend the Food, Agriculture, Conservation, and Trade Act of 1990 and 
the Federal Insecticide, Fungicide, and Rodenticide Act to require the 
 pre- and post-application reporting of, and to establish buffer zones 
   for, restricted use pesticides, to prohibit the use of pesticides 
            containing chlorpyrifos, 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 ``Prohibit Chlorpyrifos Poisoning 
Students Act of 2018''.

SEC. 2. POST-APPLICATION REPORTING OF PESTICIDE USE; PUBLIC REPORTS.

    Section 1491 of the Food, Agriculture, Conservation, and Trade Act 
of 1990 (7 U.S.C. 136i-1) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (2), by striking ``(2) Within 30 
                days'' and inserting the following:
            ``(4) Provision to person for whom application occurred.--
        Within 30 days''; and
                    (B) in paragraph (1)--
                            (i) by striking ``(1) The Secretary'' and 
                        inserting the following:
            ``(1) In general.--The Secretary''; and
                            (ii) by striking ``comparable to records'' 
                        in the first sentence and all that follows 
                        through the period at the end of the second 
                        sentence and inserting the following: ``of the 
                        use of those restricted use pesticides for a 2-
                        year period after that use.
            ``(2) Contents.--Records maintained under paragraph (1) 
        shall include information describing--
                    ``(A) a listing, by Federal and State registrations 
                or permit numbers, commercial product names, and active 
                ingredients, of all restricted use pesticides used;
                    ``(B) the total quantity used of each restricted 
                use pesticide;
                    ``(C) a general description of the geographic 
                location, including, at a minimum, the global 
                positioning system coordinates, at which the restricted 
                use pesticides were used; and
                    ``(D) the date on which the restricted use 
                pesticide application occurred.
            ``(3) Submission to administrator.--Notwithstanding section 
        11(d) of the Federal Insecticide, Fungicide, and Rodenticide 
        Act (7 U.S.C. 136i(d)), beginning January 1, 2019, not later 
        than 30 days after the end of each quarter of a calendar year, 
        each certified applicator of restricted use pesticides 
        described in paragraph (1) shall submit to the Administrator of 
        the Environmental Protection Agency, for use by the 
        Administrator of the Environmental Protection Agency, a 
        quarterly report describing all use of those restricted use 
        pesticides during the preceding quarter, including the 
        information described in paragraph (2).''; and
            (2) in subsection (b)--
                    (A) in the fourth sentence, by striking ``State 
                agency'' and inserting the following:
                    ``(B) State agencies.--State agency'';
                    (B) in the third sentence, by striking ``In the 
                case of Federal agencies, such'' and inserting the 
                following:
                    ``(B) EPA public reports.--Based on the reports 
                submitted under subsection (a)(3), the Administrator of 
                the Environmental Protection Agency shall make publicly 
                available a summary, by State and county, of--
                            ``(i) the total quantities of each 
                        restricted use pesticide used, by Federal and 
                        State registrations or permit numbers, 
                        commercial product names, and active 
                        ingredients; and
                            ``(ii) the total number of acres in the 
                        State and county in which the restricted use 
                        pesticide application occurred.
            ``(3) Requests for access.--
                    ``(A) Federal agencies.--In the case of Federal 
                agencies (other than the Environmental Protection 
                Agency),'';
                    (C) in the second sentence, by striking ``Each such 
                Federal agency'' and inserting the following:
            ``(2) Use by federal agencies.--
                    ``(A) In general.--Each Federal agency described in 
                paragraph (1)''; and
                    (D) in the first sentence, by striking ``Records'' 
                and inserting the following:
            ``(1) In general.--Records''.

SEC. 3. PRE-APPLICATION NOTICE OF PESTICIDE USE.

    Section 11 of the Federal Insecticide, Fungicide, and Rodenticide 
Act (7 U.S.C. 136i) is amended by adding at the end the following:
    ``(f) Pre-Application Notice of Pesticide Use.--Not later than 7 
days before the application of a pesticide classified for restricted 
use, a certified applicator of restricted use pesticides shall post 
signage in the area in which the application is to occur that is 
reasonably calculated to provide notice of the application.''.

SEC. 4. BUFFER ZONES.

    Section 12(a) of the Federal Insecticide, Fungicide, and 
Rodenticide Act (7 U.S.C. 136j(a)) is amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (R), by striking ``or'' at the 
                end;
                    (B) in subparagraph (S), by striking the period at 
                the end and inserting ``; or''; and
                    (C) by adding at the end the following:
                    ``(T) to apply a pesticide classified for 
                restricted use or an organophosphate pesticide on, or 
                within a buffer zone of, a school property in violation 
                of paragraph (3).''; and
            (2) by adding at the end the following:
            ``(3) Buffer zones.--
                    ``(A) Definitions.--In this paragraph:
                            ``(i) Normal school hours.--The term 
                        `normal school hours' means Monday through 
                        Friday from 7:00 a.m. until 6:00 p.m., 
                        excluding days when classes are not in session.
                            ``(ii) School.--The term `school' means any 
                        public or private preschool, kindergarten, 
                        elementary, intermediate, middle, secondary, or 
                        high school.
                    ``(B) Prohibition.--Except as provided in 
                subparagraphs (C) and (D), beginning January 1, 2019, 
                no person shall apply a pesticide classified for 
                restricted use or an organophosphate on, or within 300 
                feet of, a school property during normal school hours.
                    ``(C) Exception.--Subparagraph (B) shall not apply 
                to whole structure fumigation of a school property, as 
                directed by a State or unit of local government.
                    ``(D) Conflicts.--If subparagraph (B) is determined 
                to conflict with any pesticide application information 
                listed on the pesticide label or any State law, the 
                more restrictive provision shall apply.''.

SEC. 5. BAN ON USE OR APPLICATION OF CHLORPYRIFOS.

    Section 12(a)(1) of the Federal Insecticide, Fungicide, and 
Rodenticide Act (7 U.S.C. 136j(a)(1)) is amended--
            (1) in subparagraph (E), by striking ``or'' at the end;
            (2) in subparagraph (F), by striking the period at the end 
        and inserting ``; or''; and
            (3) by adding at the end the following:
                    ``(G) beginning on the date of enactment of this 
                subparagraph, any pesticide containing chlorpyrifos as 
                an active ingredient, unless, effective for the period 
                beginning on that date and ending on December 31, 2020, 
                a State, on request of a certified applicator, grants 
                to the certified applicator a temporary permit 
                authorizing the certified applicator to use or apply a 
                pesticide containing chlorpyrifos as an active 
                ingredient.''.

SEC. 6. REGULATIONS.

    The Administrator of the Environmental Protection Agency shall 
promulgate regulations to carry out this Act and the amendments made by 
this Act.
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