II 

114TH CONGRESS 

2D SESSION H. R. 897 

IN THE SENATE OF THE UNITED STATES 

MAY 25, 2016 

Received 

AN ACT 

To amend the Federal Insecticide, Fungicide, and 

Rodenticide Act and the Federal Water Pollution Control 

Act to clarify Congressional intent regarding the regulation of the use of pesticides in or near navigable waters, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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HR 897 RDS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Zika Vector Control 

3 Act’’. 

4 SEC. 2. USE OF AUTHORIZED PESTICIDES. 

5 Section 3(f) of the Federal Insecticide, Fungicide, 

6 and Rodenticide Act (7 U.S.C. 136a(f)) is amended by 

7 adding at the end the following: 

8 ‘‘(5) USE OF AUTHORIZED PESTICIDES.— 

9 ‘‘(A) IN GENERAL.—Except as provided in 

10 section 402(s) of the Federal Water Pollution 

11 Control Act, the Administrator or a State may 

12 not require a permit under such Act for a dis13 charge from a point source into navigable 

14 waters of a pesticide authorized for sale, dis15 tribution, or use under this Act, or the residue 

16 of such a pesticide, resulting from the applica17 tion of such pesticide. 

18 ‘‘(B) SUNSET.—This paragraph shall cease 

19 to be effective on September 30, 2018.’’. 

20 SEC. 3. DISCHARGES OF PESTICIDES. 

21 Section 402 of the Federal Water Pollution Control 

22 Act (33 U.S.C. 1342) is amended by adding at the end 

23 the following: 

24 ‘‘(s) DISCHARGES OF PESTICIDES.— 

25 ‘‘(1) NO PERMIT REQUIREMENT.—Except as 

26 provided in paragraph (2), a permit shall not be reVerDate Sep 11 2014 20:18 May 27, 2016 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H897.RDS H897

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HR 897 RDS

1 quired by the Administrator or a State under this 

2 Act for a discharge from a point source into navi3 gable waters of a pesticide authorized for sale, dis4 tribution, or use under the Federal Insecticide, Fun5 gicide, and Rodenticide Act, or the residue of such 

6 a pesticide, resulting from the application of such 

7 pesticide. 

8 ‘‘(2) EXCEPTIONS.—Paragraph (1) shall not 

9 apply to the following discharges of a pesticide or 

10 pesticide residue: 

11 ‘‘(A) A discharge resulting from the appli12 cation of a pesticide in violation of a provision 

13 of the Federal Insecticide, Fungicide, and 

14 Rodenticide Act that is relevant to protecting 

15 water quality, if— 

16 ‘‘(i) the discharge would not have oc17 curred but for the violation; or 

18 ‘‘(ii) the amount of pesticide or pes19 ticide residue in the discharge is greater 

20 than would have occurred without the vio21 lation. 

22 ‘‘(B) Stormwater discharges subject to reg23 ulation under subsection (p). 

24 ‘‘(C) The following discharges subject to 

25 regulation under this section: 


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HR 897 RDS

1 ‘‘(i) Manufacturing or industrial efflu2 ent. 

3 ‘‘(ii) Treatment works effluent. 

4 ‘‘(iii) Discharges incidental to the nor5 mal operation of a vessel, including a dis6 charge resulting from ballasting operations 

7 or vessel biofouling prevention. 

8 ‘‘(3) SUNSET.—This subsection shall cease to 

9 be effective on September 30, 2018.’’. 

Passed the House of Representatives May 24, 2016. 

Attest: KAREN L. HAAS, 

Clerk. 


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