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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1337 Introduced in House (IH)]

<DOC>

116th CONGRESS
  1st Session
                                H. R. 1337

 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

                           February 25, 2019

 Mr. Blumenauer (for himself, Mr. McGovern, Ms. DeLauro, Ms. Gabbard, 
 Mr. Huffman, Ms. Kuster of New Hampshire, Ms. Lee of California, Mr. 
  Lewis, Mr. Ryan, Mrs. Watson Coleman, Mr. DeFazio, Ms. Pingree, Mr. 
Tonko, Ms. Castor of Florida, Mr. Ted Lieu of California, Ms. Clark of 
 Massachusetts, Ms. Haaland, Mr. Keating, Mr. Cartwright, Ms. Jackson 
 Lee, Mr. Cohen, Ms. Wasserman Schultz, Ms. Kaptur, Ms. Velazquez, Ms. 
   Schakowsky, Mr. Connolly, Mr. Raskin, Ms. Omar, and Ms. McCollum) 
 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 
2019''.

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 2013 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.
            (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 seeping into 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 seeping into 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 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 protect 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 mentioned 
in section 3(b)(6), no member of the Board or any technical advisory 
panel of such Board may have a conflict of interest with a registrant 
as defined in the 7 U.S.C. section 136(y) or a trade association or 
organization that represents the interests of one or more registrants.
    (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 habit, 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) Recommendations.--
                    (A) In general.--After conducting evaluation 
                procedures, the Board shall hold a decisive vote 
                regarding whether to affirm the registration of an 
                evaluated pesticide under section 3 or 4 of the Federal 
                Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 
                136a). The Administrator of the Environmental 
                Protection Agency shall adopt this recommendation.
                    (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 
                recommendation are prohibited from continued sale and 
                use of existing stocks under section 6(a)(1) of the 
                Federal Insecticide, Fungicide, and Rodenticide Act (7 
                U.S.C. 136d(a)(1)).
                    (D) Denial of registration.--If a pesticide not yet 
                registered pursuant to 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 as posing acute risks to honey bees 
                or native bees.
                    (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.
            (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 recommendation.
    (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 
recommendation.

SEC. 4. URGENT REGULATORY RESPONSE FOR HONEY BEE AND POLLINATOR 
              PROTECTION.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Administrator of the Environmental 
Protection Agency shall cancel the registrations of any pesticides 
containing imidacloprid, clothianidin, thiamethoxam, dinotefuran, 
acetamiprid, sulfoxaflor, flupyradifurone, or fipronil to the extent 
such pesticide is registered, conditionally or otherwise, under the 
Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et 
seq.) for application to plants or plant seeds until the Pollinator 
Protection Board (as established under section 3) has made a 
determination that such insecticide will not cause unreasonable adverse 
effects on pollinators based on--
            (1) an evaluation of the published and peer-reviewed 
        scientific evidence on whether the use or uses of such 
        neonicotinoids cause unreasonable adverse effects on 
        pollinators, including native bees, honey bees, birds, bats, 
        and other species of beneficial insects; and
            (2) a completed field study that meets the criteria 
        determined by the Pollinator Protection Board and evaluates 
        residues, including residue buildup after repeated annual 
        application, chronic low-dose exposure, cumulative effects of 
        multiple chemical exposures, and any other protocol determined 
        to be necessary by the Pollinator Protection Board to protect 
        managed and native pollinators.
    (b) Conditions on Certain Pesticides Registrations.--
Notwithstanding section 3 of the Federal Insecticide, Fungicide, and 
Rodenticide Act (7 U.S.C. 136a), for purposes of the protection of 
honey bees, other pollinators, and beneficial insects, the 
Administrator of the Environmental Protection Agency shall not issue 
any new registrations, conditional or otherwise, for any seed 
treatment, soil application, and foliar treatment on bee-attractive 
plants, trees, and cereals under such Act until the Pollinator 
Protection Board (as established under section 3) has made the 
determination described in section 3(a), based on an evaluation 
described in subsection (a)(1) and a completed field study described in 
subsection (a)(2), with respect to such insecticide.
    (c) Monitoring of Native Bees.--The Secretary of the Interior, in 
coordination with the Administrator of the Environmental Protection 
Agency 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 U.S. Department of 
        Agriculture Agricultural Research Service's Pollinating Insects 
        Research Units, 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 U.S. Department 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.
    (d) Exemptions.--Section 18 of the Federal Insecticide, Fungicide, 
and Rodenticide Act (7 U.S.C. 136p) shall not apply to this Act, 
except--
            (1) 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;
            (2) to quarantine invasive species as described in section 
        166.2(b) of title 40, Code of Federal Regulations; or
            (3) to protect public health as described in section 
        166.2(c) of title 40, Code of Federal Regulations.

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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