[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4079 Introduced in House (IH)]

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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. 
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