[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4277 Introduced in House (IH)]

<DOC>






118th CONGRESS
  1st Session
                                H. R. 4277

 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 22, 2023

Mr. Blumenauer (for himself and Mr. McGovern) introduced the following 
   bill; which was referred to the Committee on Agriculture, and in 
  addition to the Committee on Natural Resources, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 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 
2023''.

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) 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. National surveys report an 11-year average loss of 
        39 percent of honey bee colonies, with the 2020-2021 season 
        representing the highest hive loss on record at over 50 
        percent.
            (4) The national honey crop is down over 29 percent since 
        2014, and 2021 was the first time in 35 years that honey yield 
        rates dipped below 50 pounds per hive.
            (5) According to scientists at the United States 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) More than one-quarter of North American bumble bees are 
        facing risk of extinction, while iconic species like the 
        monarch butterfly and the American bumblebee have declined by 
        85 percent and 90 percent respectively. More than 70 pollinator 
        species are listed as threatened or endangered, with the rusty 
        patched bumble bee, powesheik skipperling, and Dakota skipper 
        listed within this past decade due, in part, to threats from 
        pesticides.
            (7) Scientists have linked the use of a certain class of 
        systemic insecticides, known as neonico-tinoids, to the rapid 
        decline of pollinators and to the deterioration of pollinator 
        health.
            (8) Neonicotinoid pesticides 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 neonicotinoid pesticides.
            (9) The overwhelming body of scientific evidence concludes 
        that systemic pesticides, primarily neonicotinoid pesticides, 
        are causing significant damage to a wide range of beneficial 
        invertebrate species, are a key factor in the decline of bees, 
        lead to high levels of freshwater contamination, and pose a 
        global threat to ecosystem services.
            (10) Both Canada and the European Union have recently moved 
        to ban outdoor uses of the neonicotinoid pesticides 
        imidacloprid, clothianidin, and thiamethoxam and restrict its 
        use as a seed-coating, citing extreme risks to bees, other 
        insects, the health of waterways, and the overall ecosystem.
            (11) Seeds coated with neonicotinoid pesticides are used on 
        nearly 150 million acres across the country, where they cause 
        both acute and chronic bee kills, contribute to pollinator 
        decline, pollute soil and water, and harm wildlife, including 
        threatened and endangered invertebrate and bird species. This 
        seed coating is prophylactic, meaning it is used even where it 
        is not even targeting a specific pest problem. The vast 
        majority of some commodity crops, such as corn, are grown using 
        neonicotinoid pesticide-coated seeds.
            (12) Studies have shown that ingestion of a single corn 
        kernel coated with neonicotinoid pesticides using is toxic 
        enough to kill a songbird, while assessments by the 
        Environmental Protection Agency have found that neonicotinoid 
        pesticide seed coatings provide little benefit to overall 
        soybean crop yield, with other agency studies determining that 
        seed coatings in approximately 80 to 90 percent of row crop are 
        unnecessary.
            (13) In addition to concerns raised by scientists, Federal 
        agencies and conservationists, State pesticide regulators have 
        urged the Environmental Protection Agency to address the 
        ubiquitous and unregulated use of neonicotinoid pesticide seed 
        coatings and their harmful impacts. The Association of American 
        Pesticide Control Organization's State FIFRA Issues Research 
        and Evaluation Group has raised concern about the adverse 
        impacts of neonicotinoid pesticide-treated seeds, and has 
        pushed the Environmental Protection Agency for additional 
        measures to protect people and the environment from unregulated 
        use of treated seeds.
            (14) In late 2022, the Environmental Protection Agency 
        denied a legal petition to close a loophole that exempts 
        neonicotinoid pesticide seed coatings from the pesticide 
        registration and labeling requirements of the Environmental 
        Protection Agency that are meant to protect people and the 
        environment from harm.
            (15) In late 2022, the U.S. Court of Appeals for the Ninth 
        Circuit held that the decision of the Environmental Protection 
        Agency to allow new uses of the most recently approved 
        neonicotinoid insecticide, sulfoxaflor, was in violation of the 
        Endangered Species Act. The EPA's own assessments of 
        sulfoxaflor had found significant harm to pollinators from 
        sulfoxaflor.
            (16) In 2022, the United States Fish and Wildlife Service 
        established the Center, with a key task of identifying and 
        coordinating actions across the agency and with other partners 
        to reverse pollinator declines.
            (17) Insect biodiversity is essential to the proper 
        functioning of ecosystems, and worldwide declines driven by the 
        expansion of industrial agriculture and systemic use of 
        pesticides use are disrupting pollination, natural pest 
        control, food resources, nutrient recycling, and decomposition 
        services provided by insects.
            (18) Since insects constitute the world's most abundant and 
        speciose animal group and provide critical ecosystem services, 
        such event cannot be ignored and should prompt decisive action 
        to avert a catastrophic collapse of nature's ecosystems.
            (19) Neonicotinoid insecticides play an outsized role in 
        driving pollinator declines in the United States and urgent 
        action on neonicotinoid insecticides has been recommended by 
        scientists as a measure that would provide immediate benefit to 
        restore beleaguered pollinator populations.

SEC. 3. URGENT REGULATORY RESPONSE FOR HONEY BEE AND POLLINATOR 
              PROTECTION.

    (a) In General.--
            (1) Cancellation.--Effective on the date of enactment of 
        this subsection--
                    (A) 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 (7 U.S.C. 136(d)), 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 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 neonicotinoid pesticides shall be prohibited.
    (c) No Future Neonicotinoid Pesticide 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 (7 U.S.C. 136a-1).
    (d) Treated Seeds No Longer Exempt.--Effective on the date of 
enactment of this subsection, the Administrator shall no longer 
consider seeds for planting coated with systemic pesticides intended to 
kill pests of the plant instead of pests of the seed itself as a 
treated article as defined in section 152.25(a) of title 40, Code of 
Federal Regulations (or successor regulations).
    (e) Exemptions.--
            (1) In general.--An exemption under section 18 of the 
        Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 
        136p) may only be made with respect to the use by a Federal or 
        State agency of a neonicotinoid pesticide--
                    (A) to--
                            (i) quarantine invasive species as 
                        described in section 166.2(b) of title 40, Code 
                        of Federal Regulations (or successor 
                        regulations); or
                            (ii) protect public health as described in 
                        section 166.2(c) of title 40, Code of Federal 
                        Regulations (or successor regulations);
                    (B) if the relevant agency engages in formal 
                consultation with the Secretary of the Interior under 
                section 7(a) of the Endangered Species Act of 1973 (16 
                U.S.C. 1536(a)); and
                    (C) if the Secretary of the Interior, acting 
                through the Director of the Center, approves the 
                exemption.
            (2) Limitations.--If the Administrator, in consultation 
        with the expert wildlife agencies and Center make 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 exemption shall be for no 
        more than 6 months at a time. New consultation shall be 
        required for additional approvals.

SEC. 4. INCREASED COORDINATION WITH CENTER FOR POLLINATOR CONSERVATION.

    (a) In General.--The Center shall develop and coordinate the 
policies and activities of the United States Fish and Wildlife Service 
to conserve pollinators and reverse declines in pollinator populations, 
taking into account the widespread use of neonicotinoid pesticides, 
other systemic insecticides, and other pesticides, including by 
carrying out the following activities:
            (1) Take measures to reverse declines in pollinator 
        populations, including by identifying and addressing threats 
        faced by pollinators, including the immediate threats presented 
        by neonicotinoid pesticides, other systemic insecticides, and 
        other pesticides.
            (2) Educate the public regarding the importance of 
        pollinators.
            (3) Coordinate with the National Resource Conservation 
        Service of the Department of Agriculture to prioritize the 
        health of pollinators in habitat conservation efforts carried 
        out by participants in programs carried out by the National 
        Resource Conservation Service.
            (4) Coordinate interagency activities with the 
        Environmental Protection Agency, the National Marine Fisheries 
        Service, the Department of Agriculture, and other Federal and 
        State agencies, as necessary, in carrying out the activities 
        under this subsection.
            (5) Consult with scientists, conservation groups, 
        beekeepers, organic farmers, and other parties that have a 
        substantial interest in the protection and conservation of 
        pollinators, as necessary, in carrying out the activities under 
        this subsection.
            (6) Carry out such other activities as the Secretary of the 
        Interior determines appropriate.
    (b) Consultation.--
            (1) In general.--The head of each Federal agency shall 
        consult with the Director of the Center to ensure that the 
        conservation and protection of pollinators are taken into 
        account in the fulfillment of the responsibilities of each such 
        Federal agency as they relate to pesticides under the 
        Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) and the 
        Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 
        136 et seq.) and any other applicable law that may affect the 
        health of pollinators.
            (2) Endangered species act of 1973.--The Director of the 
        United States Fish and Wildlife Service shall consult with the 
        Director of the Center on all decisions regarding the 
        preservation of endangered pollinator habitat and the creation 
        of new such habitat that arise in the context of the Endangered 
        Species Act of 1973 (16 U.S.C. 1531 et seq.).
    (c) Monitoring of Native Bees.--
            (1) In general.--The Center shall, for the purposes of 
        protecting and ensuring the long-term viability of native bees 
        and other pollinators, carry out the following activities:
                    (A) Consult with members of the Pollinating Insect-
                Biology, Management, Systematics Research unit of the 
                Agricultural Research Service of the Department of 
                Agriculture, taxonomists who survey and identify native 
                bees, and other pollinator scientists with respect to 
                the best methods and data collection practices for 
                monitoring the population status of native bees and 
                other pollinators.
                    (B) Monitor the health and population status of 
                native bees, including the population status of native 
                bees in agricultural and nonagricultural habitats, 
                including rural, urban, and suburban areas within each 
                of the 12 regions depicted as a ``DOI Unified Region'' 
                on the map titled ``USGS Regions Aligned to DOI Unified 
                Regions'' and dated August 16, 2019.
                    (C) Track new scientific developments with regard 
                to the impacts of pesticides on pollinators and publish 
                an annual report that include policy recommendations to 
                reduce such impacts.
                    (D) Identify the scope and likely causes of 
                incidents of unusual native bee mortality and promote 
                actions to stop additional such incidents.
            (2) Report.--Not later than 180 days after the date of the 
        enactment of this section, and annually thereafter, the 
        Director of the Center shall submit to Congress, and make 
        available to the public on the website of the Center, a report 
        regarding the health and population status of native bees and 
        other pollinators.

SEC. 5. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Center.--The term ``Center'' means the Center for 
        Pollinator Conservation of the United States Fish and Wildlife 
        Service.
            (3) Neonicotinoid pesticide.--The term ``neonicotinoid 
        pesticide'' means any active ingredient or pesticide product 
        that contains at least 1 of the active ingredients--
                    (A) imidacloprid;
                    (B) clothianidin;
                    (C) thiamethoxam;
                    (D) dinotefuran;
                    (E) acetamiprid;
                    (F) sulfoxaflor;
                    (G) flupyradifurone;
                    (H) chlorantraniliprole; or
                    (I) fipronil.
            (4) Pollinator.--the term ``pollinator'' means--
                    (A) a species of the class Insecta that move pollen 
                from one part of a plant to another; and
                    (B) any other species determined by the Secretary 
                of the Interior to constitute a pollinator that merits 
                protection under the provisions of this Act.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act--
            (1) $3,000,000 for fiscal year 2024 through 2026;
            (2) $4,000,000 for fiscal year 2027 through 2030; and
            (3) such sums as are necessary to carry out the provisions 
        of this Act thereafter.
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