II 

117TH CONGRESS 

1ST SESSION S. 3283 

To amend the Federal Insecticide, Fungicide, and Rodenticide Act to fully 

protect the safety of children and the environment, to remove dangerous 

pesticides from use, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 30, 2021 

Mr. BOOKER (for himself, Mrs. GILLIBRAND, Mr. SANDERS, Ms. WARREN, 

and Mr. PADILLA) introduced the following bill; which was read twice and 

referred to the Committee on Agriculture, Nutrition, and Forestry 

A BILL 

To amend the Federal Insecticide, Fungicide, and 

Rodenticide Act to fully protect the safety of children 

and the environment, to remove dangerous pesticides 

from use, 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protect America’s Chil5 dren from Toxic Pesticides Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 


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1 (1) the Environmental Protection Agency (re2 ferred to in this section as the ‘‘EPA’’) regularly 

3 fails to incorporate updated scientific understanding 

4 to protect human health and the environment from 

5 the harmful effects of pesticide products, as envi6 sioned by the Federal Insecticide, Fungicide, and 

7 Rodenticide Act (7 U.S.C. 136 et seq.), resulting in 

8 the use of billions of pounds of pesticides every year 

9 that were approved based on outdated science; 

10 (2) the United States lags behind the European 

11 Union and other developed nations in protecting its 

12 people and its environment from toxic chemicals, al13 lowing the use of 72 pesticides that have been 

14 banned or are being phased out in the European 

15 Union alone; 

16 (3) the EPA registers nearly 65 percent of pes17 ticides through conditional registrations and fre18 quently waives requirements to extend the use of 

19 conditional registrations prior to completion of com20 prehensive registration; 

21 (4) the EPA permits the continued sale of po22 tentially dangerous stocks of pesticides after reg23 istration has been canceled, suspended, or otherwise 

24 voided; 


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1 (5) the EPA uses emergency exemptions to 

2 keep pesticides on the market for years without un3 dergoing a comprehensive registration process that 

4 would ensure the safe use of the pesticides; 

5 (6) the EPA is prohibited from requiring the 

6 disclosure of inert ingredients, even though inert in7 gredients can account for 99 percent of a pesticide 

8 product and include carcinogenic and toxic chemi9 cals; 

10 (7) scientists have repeatedly linked exposure to 

11 organophosphate pesticides to neurodevelopmental 

12 damage in children; 

13 (8) the United States Fish and Wildlife Service 

14 and the National Marine Fisheries Service have de15 termined that organophosphate pesticides jeopardize 

16 the survival of 97 percent of endangered species; 

17 (9) neonicotinoid pesticides are contributing to 

18 the rapid decline of pollinators and the deterioration 

19 of pollinator health, including impaired foraging be20 havior and increased susceptibility to viruses, dis21 eases, and parasites; 

22 (10) exposure to paraquat— 

23 (A) causes heart failure, kidney failure, 

24 liver failure, lung scarring, and damage to brain 

25 cells; and 


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1 (B) greatly increases the risk of developing 

2 Parkinson’s disease; 

3 (11) local communities have been blocked by 

4 States from enacting pesticide restrictions to protect 

5 people and environment from toxic chemicals; and 

6 (12) farmworkers are— 

7 (A) disproportionately exposed to and 

8 harmed by pesticide use; and 

9 (B) afforded inadequate safeguards and 

10 far less protection than industrial workers. 

11 SEC. 3. ENDING INDEFINITE DELAYS ON REVIEW OF DAN12 GEROUS PESTICIDES. 

13 (a) DEFINITIONS.— 

14 (1) IN GENERAL.—Section 2 of the Federal In15 secticide, Fungicide, and Rodenticide Act (7 U.S.C. 

16 136) is amended— 

17 (A) by striking subsection (z) and inserting 

18 the following: 

19 ‘‘(z) REGISTRATION.—The term ‘registration’ means 

20 the approval of an active ingredient or pesticide product 

21 under this Act— 

22 ‘‘(1) that has not previously been registered 

23 under this Act; or 


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1 ‘‘(2) for a crop or use for which the active in2 gredient or pesticide has not previously been reg3 istered under this Act.’’; 

4 (B) by redesignating subsections (aa) 

5 through (oo) as subsections (bb) through (pp), 

6 respectively; and 

7 (C) by inserting after subsection (z) the 

8 following: 

9 ‘‘(aa) REGISTRATION REVIEW DETERMINATION.— 

10 ‘‘(1) IN GENERAL.—The term ‘registration re11 view determination’ means the final decision to 

12 renew the registration of a pesticide product or ac13 tive ingredient to authorize the use of the pesticide 

14 product or active ingredient— 

15 ‘‘(A) for an additional 15-year period from 

16 the date of the previous registration, reregistra17 tion, or registration review determination, as 

18 applicable; and 

19 ‘‘(B) in compliance with all applicable laws 

20 and regulations. 

21 ‘‘(2) EXCLUSION.—The term ‘registration re22 view determination’ does not include any interim de23 termination regarding the continued use of a pes24 ticide product or active ingredient by the Adminis25 trator.’’. 


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1 (2) CONFORMING AMENDMENTS.— 

2 (A) Section 2(e)(1) of the Federal Insecti3 cide, Fungicide, and Rodenticide Act (7 U.S.C. 

4 136(e)(1)) is amended by striking ‘‘subsection 

5 (ee)’’ and inserting ‘‘subsection (ff)’’. 

6 (B) Section 3(h)(3)(E) of the Federal In7 secticide, Fungicide, and Rodenticide Act (7 

8 U.S.C. 136a(h)(3)(E)) is amended by striking 

9 ‘‘section 2(mm)’’ and inserting ‘‘section 2(nn)’’. 

10 (C) Section 33(b)(3) of the Federal Insec11 ticide, Fungicide, and Rodenticide Act (7 

12 U.S.C. 136w–8(b)(3)) is amended— 

13 (i) by striking ‘‘§2(mm)’’ each place it 

14 appears and inserting ‘‘section 2(nn)’’; and 

15 (ii) by striking ‘‘Section 2(ll)(2)’’ and 

16 inserting ‘‘section 2(mm)(2)’’. 

17 (b) SUSPENSION OF DANGEROUS PESTICIDES ON

18 FAILURE TO COMPLETE REGISTRATION REVIEW ON

19 TIME.—Section 4 of the Federal Insecticide, Fungicide, 

20 and Rodenticide Act (7 U.S.C. 136a–1) is amended by 

21 adding at the end the following: 

22 ‘‘(o) SUSPENSION OF DANGEROUS PESTICIDES ON

23 FAILURE TO COMPLETE REGISTRATION REVIEW ON

24 TIME.— 


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1 ‘‘(1) DEFINITION OF DANGEROUS PESTICIDE.— 

2 In this subsection, the term ‘dangerous pesticide’ 

3 means an active ingredient or pesticide product that 

4 may— 

5 ‘‘(A) be carcinogenic; 

6 ‘‘(B) be acutely toxic; 

7 ‘‘(C) be an endocrine disruptor; 

8 ‘‘(D) cause harm to a pregnant woman or 

9 a fetus; or 

10 ‘‘(E) cause neurological or developmental 

11 harm. 

12 ‘‘(2) PETITIONS TO DESIGNATE DANGEROUS

13 PESTICIDES.— 

14 ‘‘(A) IN GENERAL.—An interested person 

15 may submit a petition under section 553(e) of 

16 title 5, United States Code, to designate an ac17 tive ingredient or pesticide product as a dan18 gerous pesticide under this subsection. 

19 ‘‘(B) REVIEW.— On receipt of a petition 

20 under subparagraph (A), the Administrator 

21 shall review the petitions submitted by inter22 ested persons under that subparagraph relating 

23 to that active ingredient or pesticide product to 

24 determine if the active ingredient or pesticide 


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1 product may warrant designation as a dan2 gerous pesticide. 

3 ‘‘(3) INITIAL FINDINGS.— 

4 ‘‘(A) IN GENERAL.—Not later than 90 

5 days after the receipt of a petition described in 

6 paragraph (2)(A), the Administrator shall make 

7 a finding as to whether the petition presents 

8 substantial scientific information indicating that 

9 the designation of the petitioned active ingre10 dient or pesticide product as a dangerous pes11 ticide may be warranted. 

12 ‘‘(B) FAILURE TO REVIEW PETITION.—If 

13 the Administrator fails make a finding on a pe14 tition by the date required under subparagraph 

15 (A), the active ingredient or pesticide product 

16 that is the subject of the petition shall be 

17 deemed to be a dangerous pesticide. 

18 ‘‘(C) FULL CONSIDERATION OF ALL

19 SCIENCE.— 

20 ‘‘(i) IN GENERAL.—In making a find21 ing as to whether a petition provides sub22 stantial scientific information that an ac23 tive ingredient or pesticide product may 

24 warrant designation as a dangerous pes25 ticide under subparagraph (A), the AdminVerDate Sep 11 2014 00:13 Dec 08, 2021 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3283.IS S3283

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1 istrator shall fully consider all relevant evi2 dence, including— 

3 ‘‘(I) epidemiological studies or 

4 data; 

5 ‘‘(II) peer-reviewed literature; 

6 and 

7 ‘‘(III) data generated by— 

8 ‘‘(aa) a Federal or State 

9 agency; or 

10 ‘‘(bb) an agency of a foreign 

11 government. 

12 ‘‘(ii) REQUIREMENT.—The Adminis13 trator shall not discount or ignore informa14 tion provided in a petition described in 

15 paragraph (2)(A) based on any criteria 

16 under part 152 or 160 of title 40, Code of 

17 Federal Regulations (or successor regula18 tions). 

19 ‘‘(4) SUSPENSIONS OF PESTICIDE.— 

20 ‘‘(A) IN GENERAL.—Notwithstanding any 

21 other provision of law, on a finding under para22 graph (3)(A) that an active ingredient or pes23 ticide product may warrant designation as a 

24 dangerous pesticide, or on operation of para25 graph (3)(B), the Administrator shall immeVerDate Sep 11 2014 00:13 Dec 08, 2021 Jkt 029200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S3283.IS S3283

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1 diately suspend the registration of the active in2 gredient or pesticide product if a valid rereg3 istration eligibility decision or registration re4 view determination has not been made regard5 ing the active ingredient or pesticide product 

6 during the 15-year period ending on the date of 

7 that finding or operation. 

8 ‘‘(B) DURATION.—The registration of an 

9 active ingredient or pesticide product suspended 

10 under subparagraph (A) shall remain suspended 

11 until such time as the Administrator makes a 

12 registration review determination in accordance 

13 with this section. 

14 ‘‘(5) EXISTING STOCKS.—In accordance with 

15 section 6(a)(1), the Administrator shall not permit 

16 the continued sale and use of existing stocks of an 

17 active ingredient or pesticide product the registra18 tion of which has been suspended under paragraph 

19 (4). 

20 ‘‘(6) CANCELLATION.—Notwithstanding any 

21 other provision of law, including section 6(b), if the 

22 Administrator fails to suspend the registration of an 

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1 quired by this subsection by not later than 60 days 

2 after any deadline described in this subsection— 

3 ‘‘(A) the registration of the active ingre4 dient or pesticide product shall be immediately 

5 and permanently canceled by operation of law 

6 and without any further proceedings; and 

7 ‘‘(B) in accordance with section 6(a)(1), 

8 the sale of existing stocks of the active ingre9 dient or pesticide product shall be prohibited. 

10 ‘‘(7) INAPPLICABILITY OF IREDS.—Notwith11 standing any other provision of law, an interim reg12 istration review decision or any other interim deter13 mination with respect to an active ingredient or pes14 ticide product shall have no force or effect regarding 

15 any requirement of this subsection.’’. 

16 SEC. 4. EMERGENCY REVIEW OF PESTICIDES BANNED IN 

17 OTHER NATIONS. 

18 Section 6 of the Federal Insecticide, Fungicide, and 

19 Rodenticide Act (7 U.S.C. 136d) is amended by adding 

20 at the end the following: 

21 ‘‘(i) SUSPENSION AND EXPEDITED REVIEW OF

22 BANNED PESTICIDES.— 

23 ‘‘(1) SUSPENSION OF BANNED PESTICIDES.— 

24 The Administrator shall immediately suspend the 


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1 registration of any active ingredient or pesticide 

2 product that is— 

3 ‘‘(A) banned or otherwise prohibited from 

4 entering the market by the European Union, 1 

5 or more countries in the European Union, or 

6 Canada; and 

7 ‘‘(B) registered for use within the United 

8 States. 

9 ‘‘(2) EXPEDITED REVIEW.—The Administrator 

10 shall complete an expedited review of the justifica11 tion and rationale for the ban of a pesticide by the 

12 European Union or a country described in para13 graph (1)(A). 

14 ‘‘(3) CANCELLATION.— 

15 ‘‘(A) IN GENERAL.—Notwithstanding any 

16 other provision of law, including section 6(b), 

17 unless the Administrator determines after a re18 view under paragraph (2) that the decision to 

19 ban a pesticide by the European Union or a 

20 country described in paragraph (1)(A) was 

21 clearly erroneous, the registration that is sus22 pended shall be canceled not later than 2 years 

23 after the date of completion of the review. 

24 ‘‘(B) FULL CONSIDERATION OF ALL

25 SCIENCE.— 


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1 ‘‘(i) IN GENERAL.—In determining 

2 whether the ban of a pesticide by the Eu3 ropean Union or a country described in 

4 paragraph (1)(A) was clearly erroneous 

5 under subparagraph (A), the Adminis6 trator shall fully consider all relevant evi7 dence, including— 

8 ‘‘(I) epidemiological studies or 

9 data; 

10 ‘‘(II) peer-reviewed literature; 

11 and 

12 ‘‘(III) data generated by— 

13 ‘‘(aa) a State or Federal 

14 agency; or 

15 ‘‘(bb) an agency of a foreign 

16 government. 

17 ‘‘(ii) TREATMENT OF INFORMA18 TION.—Notwithstanding any requirements 

19 or criteria under parts 152 and 160 of title 

20 40, Code of Federal Regulations (or suc21 cessor regulations), the Administrator shall 

22 not discount, otherwise ignore, or give dis23 proportionately more or less weight to evi24 dence described in clause (i). 


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1 ‘‘(C) CONSIDERATION OF ECONOMIC COST

2 PROHIBITED.—In determining whether the ban 

3 of a pesticide by the European Union or a 

4 country described in paragraph (1)(A) was 

5 clearly erroneous under subparagraph (A), the 

6 Administrator shall not consider any economic 

7 analysis of the benefits or costs of continuing to 

8 register the pesticide. 

9 ‘‘(D) PUBLIC COMMENT.—Prior to making 

10 a final determination under subparagraph (A), 

11 the Administrator shall provide a draft deter12 mination for not less than 90 days of public 

13 comment.’’. 

14 SEC. 5. ENSURING ACCOUNTABILITY IN CONDITIONAL REG15 ISTRATIONS. 

16 (a) IN GENERAL.—Section 3(c)(7) of the Federal In17 secticide, Fungicide, and Rodenticide Act (7 U.S.C. 

18 136a(c)(7)) is amended by striking subparagraph (C) and 

19 inserting the following: 

20 ‘‘(C) TIME LIMITS ON CONDITIONAL REG21 ISTRATIONS.— 

22 ‘‘(i) IN GENERAL.—Notwithstanding 

23 any other provision of this subsection or 

24 section 6(e), the Administrator shall pro25 vide not longer than 2 years for the terms 


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1 and requirements of any conditional reg2 istration under this paragraph to be met 

3 by the registrant. 

4 ‘‘(ii) CANCELLATION.—The Adminis5 trator shall cancel a conditional registra6 tion under this paragraph unless the reg7 istrant fully complies with all conditions by 

8 the earlier of— 

9 ‘‘(I) all deadlines established by 

10 the Administrator; and 

11 ‘‘(II) 2 years after the effective 

12 date of the conditional registration. 

13 ‘‘(iii) EXISTING CONDITIONAL REG14 ISTRATIONS.—Notwithstanding any other 

15 provision of law, as of the date of enact16 ment of this clause, each outstanding con17 ditional registration under this paragraph 

18 for which the registrant has not fulfilled all 

19 conditions of the conditional registration 

20 shall be canceled. 

21 ‘‘(iv) REPORTS.— 

22 ‘‘(I) IN GENERAL.—Not later 

23 than December 31 of each calendar 

24 year, the Administrator shall submit 

25 to Congress an annual report describVerDate Sep 11 2014 00:13 Dec 08, 2021 Jkt 029200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S3283.IS S3283

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1 ing the total number of conditional 

2 registrations under this paragraph 

3 that were registered during the imme4 diately preceding fiscal year. 

5 ‘‘(II) CONTENTS.—A report 

6 under subclause (I) shall include a de7 scription of— 

8 ‘‘(aa) each conditionally reg9 istered pesticide and the condi10 tions imposed, including any 

11 modification of those conditions; 

12 and 

13 ‘‘(bb) the quantity produced 

14 of each pesticide described in 

15 item (aa).’’. 

16 (b) CONFORMING AMENDMENT.—Section 6(e) of the 

17 Federal Insecticide, Fungicide, and Rodenticide Act (7 

18 U.S.C. 136d(e)) is amended— 

19 (1) in paragraph (1), by striking the last sen20 tence and inserting ‘‘The Administrator shall not 

21 permit the continued sale and use of existing stocks 

22 of a pesticide the conditional registration of which 

23 has been canceled.’’; and 

24 (2) in paragraph (2), in the third sentence, by 

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1 mination with respect to the disposition of existing 

2 stocks is consistent with this Act’’. 

3 SEC. 6. PROHIBITION ON THE SALE OR USE OF EXISTING 

4 STOCKS OF SUSPENDED OR CANCELED PES5 TICIDES. 

6 Section 6(a) of the Federal Insecticide, Fungicide, 

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

8 striking the subsection designation and heading and all 

9 that follows through the period at the end of paragraph 

10 (1) and inserting the following: 

11 ‘‘(a) PROHIBITION ON THE SALE OR USE OF EXIST12 ING STOCKS; INFORMATION.— 

13 ‘‘(1) EXISTING STOCKS.—The Administrator 

14 shall not permit the continued sale or use of existing 

15 stocks of a pesticide the registration of which is— 

16 ‘‘(A) suspended or canceled under this sec17 tion or section 3 or 4; or 

18 ‘‘(B) vacated or set aside by judicial de19 cree.’’. 

20 SEC. 7. ENDING ABUSE OF EMERGENCY EXEMPTIONS. 

21 Section 18 of the Federal Insecticide, Fungicide, and 

22 Rodenticide Act (7 U.S.C. 136p) is amended— 

23 (1) in the first sentence, by striking ‘‘The Ad24 ministrator’’ and inserting the following: 

25 ‘‘(a) IN GENERAL.—The Administrator’’; 


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1 (2) in subsection (a) (as so designated), in the 

2 second sentence, by striking ‘‘The Administrator’’ 

3 and inserting the following: 

4 ‘‘(b) CONSULTATION.—The Administrator’’; and 

5 (3) by adding at the end the following: 

6 ‘‘(c) LIMITATIONS ON EMERGENCY EXEMPTIONS.— 

7 Notwithstanding any other provision of law, the Adminis8 trator shall not grant an emergency exemption under sub9 section (a) for the same active ingredient or pesticide 

10 product in the same location for more than 2 years in any 

11 10-year period. 

12 ‘‘(d) RESTRICTIONS ON UNREGISTERED PES13 TICIDES.—The Administrator shall not grant an emer14 gency exemption under subsection (a) to use an active in15 gredient or pesticide product that is not registered under 

16 section 3 for any use. 

17 ‘‘(e) RESTRICTIONS ON CONDITIONAL PESTICIDES.— 

18 The Administrator shall not grant an emergency exemp19 tion under subsection (a) for any active ingredient or pes20 ticide product that is registered conditionally under sec21 tion 3(c)(7)(A).’’. 

22 SEC. 8. ADDING TRANSPARENCY FOR INERT INGREDIENTS. 

23 (a) DEFINITION OF INGREDIENT STATEMENT.—Sec24 tion 2(n) of the Federal Insecticide, Fungicide, and 

25 Rodenticide Act (7 U.S.C. 136(n)) is amended— 


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1 (1) by redesignating paragraph (2) as para2 graph (4); and 

3 (2) by striking paragraph (1) and inserting the 

4 following: 

5 ‘‘(1) the name and percentage of each active in6 gredient in the pesticide product; 

7 ‘‘(2) the name and percentage of each inert in8 gredient in the pesticide product; 

9 ‘‘(3) if applicable, a statement that the pesticide 

10 product contains an inert ingredient determined by 

11 a State or Federal agency, or the Administrator 

12 based on epidemiological data or peer-reviewed lit13 erature, to be likely— 

14 ‘‘(A) to be carcinogenic; 

15 ‘‘(B) to be an endocrine disruptor; 

16 ‘‘(C) to be acutely toxic; 

17 ‘‘(D) to cause harm to pregnant women or 

18 fetuses; or 

19 ‘‘(E) to cause neurological or develop20 mental harm; and’’. 

21 (b) COMPLETE LIST OF INERT INGREDIENTS.—Sec22 tion 3(c)(9) of the Federal Insecticide, Fungicide, and 

23 Rodenticide Act (7 U.S.C. 136a(c)(9)) is amended by add24 ing at the end the following: 


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1 ‘‘(E) COMPLETE LIST OF INERT INGREDI2 ENTS.—Notwithstanding any other provision of 

3 law, the label or labeling required under this 

4 Act shall provide a complete list of inert ingre5 dients.’’. 

6 (c) CONFORMING AMENDMENT.—Section 10(d) of 

7 the Federal Insecticide, Fungicide, and Rodenticide Act 

8 (7 U.S.C. 136h(d)) is amended— 

9 (1) in paragraph (1)— 

10 (A) in subparagraph (A), by adding ‘‘or’’ 

11 at the end; 

12 (B) in subparagraph (B), by striking ‘‘or’’ 

13 at the end; and 

14 (C) by striking subparagraph (C); and 

15 (2) in paragraph (3), by striking ‘‘clause (A), 

16 (B), or (C)’’ each place it appears and inserting 

17 ‘‘subparagraph (A) or (B)’’. 

18 SEC. 9. CANCELLATION OF REGISTRATION OF 

19 ORGANOPHOSPHATES. 

20 Section 6 of the Federal Insecticide, Fungicide, and 

21 Rodenticide Act (7 U.S.C. 136d) (as amended by section 

22 4) is amended by adding at the end the following: 

23 ‘‘(j) CANCELLATION OF REGISTRATION OF

24 ORGANOPHOSPHATE PESTICIDES.— 

25 ‘‘(1) IN GENERAL.— 


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1 ‘‘(A) CANCELLATION.—Effective on the 

2 date of enactment of this subsection— 

3 ‘‘(i) all pesticides of the class 

4 organophosphate shall be deemed to gen5 erally cause unreasonable adverse effects to 

6 humans; and 

7 ‘‘(ii) notwithstanding any other provi8 sion of law, including section 6(b), the reg9 istration of all uses of pesticides of the 

10 class organophosphate shall be immediately 

11 and permanently canceled by operation of 

12 law and without further proceedings. 

13 ‘‘(B) REVOCATION OF TOLERANCES AND

14 EXEMPTIONS.—Not later than 6 months after 

15 the date of enactment of this subsection, the 

16 Administrator shall, in accordance with section 

17 408(b)(1)(B) of the Federal Food, Drug, and 

18 Cosmetic Act (21 U.S.C. 346a(b)(1)(B)), re19 voke any tolerance or exemption that allows the 

20 presence of an organophosphate, or any pes21 ticide chemical residue that results from 

22 organophosphate use, in or on food. 

23 ‘‘(2) SALE OF EXISTING STOCKS PROHIB24 ITED.—In accordance with subsection (a)(1), effec25 tive on the date of enactment of this subsection, the 


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1 continued sale or use of existing stocks of pesticides 

2 of the class organophosphate shall be prohibited. 

3 ‘‘(3) NO FUTURE ORGANOPHOSPHATE REG4 ISTRATIONS.—Effective on the date of enactment of 

5 this subsection, the Administrator may not register 

6 any pesticide of the class organophosphate under 

7 section 4. 

8 ‘‘(4) INELIGIBILITY FOR EMERGENCY USE.— 

9 Notwithstanding any other provision of law, a pes10 ticide canceled under this subsection shall not be eli11 gible for use under section 18.’’. 

12 SEC. 10. CANCELLATION OF REGISTRATION OF 

13 NEONICOTINOIDS. 

14 Section 6 of the Federal Insecticide, Fungicide, and 

15 Rodenticide Act (7 U.S.C. 136d) (as amended by section 

16 9) is amended by adding at the end the following: 

17 ‘‘(k) CANCELLATION OF REGISTRATION OF

18 NEONICOTINOID PESTICIDES.— 

19 ‘‘(1) IN GENERAL.— 

20 ‘‘(A) CANCELLATION.—Effective on the 

21 date of enactment of this subsection— 

22 ‘‘(i) all active ingredients and pes23 ticide products containing 1 or more of the 

24 active ingredients imidacloprid, 

25 clothianidin, thiamethoxam, dinotefuran, 


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1 acetamiprid, sulfoxaflor, and 

2 flupyradifurone (referred to in this sub3 section as ‘neonicotinoid pesticides’) shall 

4 be deemed to generally cause unreasonable 

5 adverse effects to the environment; and 

6 ‘‘(ii) notwithstanding any other provi7 sion of law, including section 6(b), the reg8 istration of all uses of neonicotinoid pes9 ticides shall be immediately and perma10 nently canceled by operation of law and 

11 without further proceedings. 

12 ‘‘(B) REVOCATION OF TOLERANCES AND

13 EXEMPTIONS.—Not later than 6 months after 

14 the date of enactment of this subsection, the 

15 Administrator shall, in accordance with section 

16 408(b)(1)(B) of the Federal Food, Drug, and 

17 Cosmetic Act (21 U.S.C. 346a(b)(1)(B)), re18 voke any tolerance or exemption that allows the 

19 presence of a neonicotinoid pesticide, or any 

20 pesticide chemical residue that results from 

21 neonicotinoid pesticide use, in or on food. 

22 ‘‘(2) SALE OF EXISTING STOCKS PROHIB23 ITED.—In accordance with subsection (a)(1), effec24 tive on the date of enactment of this subsection, the 


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1 continued sale or use of existing stocks of 

2 neonicotinoid pesticides shall be prohibited. 

3 ‘‘(3) NO FUTURE NEONICOTINOID REGISTRA4 TIONS.—Effective on the date of enactment of this 

5 subsection, the Administrator may not register any 

6 neonicotinoid pesticide under section 4. 

7 ‘‘(4) INELIGIBILITY FOR EMERGENCY USE.— 

8 Notwithstanding any other provision of law, a pes9 ticide canceled under this section shall not be eligible 

10 for use under section 18.’’. 

11 SEC. 11. CANCELLATION OF REGISTRATION OF PARAQUAT. 

12 Section 6 of the Federal Insecticide, Fungicide, and 

13 Rodenticide Act (7 U.S.C. 136d) (as amended by section 

14 10) is amended by adding at the end the following: 

15 ‘‘(l) CANCELLATION OF REGISTRATION OF

16 PARAQUAT.— 

17 ‘‘(1) IN GENERAL.— 

18 ‘‘(A) CANCELLATION.—Effective on the 

19 date of enactment of this subsection— 

20 ‘‘(i) paraquat shall be deemed to gen21 erally cause unreasonable adverse effects to 

22 humans; and 

23 ‘‘(ii) notwithstanding any other provi24 sion of law, including section 6(b), the reg25 istration of all uses of paraquat shall be 


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1 immediately and permanently canceled by 

2 operation of law and without further pro3 ceedings. 

4 ‘‘(B) REVOCATION OF TOLERANCES AND

5 EXEMPTIONS.—Not later than 6 months after 

6 the date of enactment of this subsection, the 

7 Administrator shall, in accordance with section 

8 408(b)(1)(B) of the Federal Food, Drug, and 

9 Cosmetic Act (21 U.S.C. 346a(b)(1)(B)), re10 voke any tolerance or exemption that allows the 

11 presence of paraquat, or any pesticide chemical 

12 residue that results from paraquat use, in or on 

13 food. 

14 ‘‘(2) SALE OF EXISTING STOCKS PROHIB15 ITED.—In accordance with subsection (a)(1), effec16 tive on the date of enactment of this subsection, the 

17 continued sale or use of existing stocks of paraquat 

18 shall be prohibited. 

19 ‘‘(3) NO FUTURE PARAQUAT REGISTRATIONS.— 

20 Effective on the date of enactment of this sub21 section, the Administrator may not register any 

22 paraquat pesticide under section 4. 

23 ‘‘(4) INELIGIBILITY FOR EMERGENCY USE.— 

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1 ticide canceled under this section shall not be eligible 

2 for use under section 18.’’. 

3 SEC. 12. EMPOWERING COMMUNITIES TO PROTECT THEM4 SELVES FROM PESTICIDES. 

5 (a) IN GENERAL.—Section 24 of the Federal Insecti6 cide, Fungicide, and Rodenticide Act (7 U.S.C. 136v) is 

7 amended— 

8 (1) in subsection (a)— 

9 (A) by inserting ‘‘, or any political subdivi10 sion of a State,’’ after ‘‘A State’’; and 

11 (B) by inserting ‘‘or political subdivision’’ 

12 after ‘‘the State’’; 

13 (2) by striking subsection (b); and 

14 (3) by redesignating subsection (c) as sub15 section (b). 

16 (b) CONFORMING AMENDMENT.—Section 3(c)(5) of 

17 the Federal Insecticide, Fungicide, and Rodenticide Act 

18 (7 U.S.C. 136a(c)(5)) is amended, in the fourth sentence 

19 of the undesignated matter following subparagraph (D), 

20 by striking ‘‘24(c) of this Act’’ and inserting ‘‘24(b)’’. 

21 SEC. 13. PROTECTING FARMWORKERS FROM DANGEROUS 

22 PESTICIDES. 

23 (a) LANGUAGE REQUIREMENTS FOR PESTICIDE

24 PRODUCTS.—Section 3(c)(9) of the Federal Insecticide, 

25 Fungicide, and Rodenticide Act (7 U.S.C. 136a(c)(9)) (as 


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1 amended by section 8(b)) is amended by adding at the 

2 end the following: 

3 ‘‘(F) LANGUAGE REQUIREMENTS FOR PES4 TICIDE PRODUCTS.— 

5 ‘‘(i) IN GENERAL.—The label for any 

6 pesticide product shall be printed in both 

7 English and Spanish. 

8 ‘‘(ii) OTHER LANGUAGES.—In a case 

9 in which information exists that a pesticide 

10 product is used in agriculture by more 

11 than 500 individual persons or applicators 

12 who speak the same language other than 

13 English or Spanish, the Administrator 

14 shall provide a translation of that label in 

15 the language used by those individuals on 

16 the website of the Environmental Protec17 tion Agency. 

18 ‘‘(iii) EDUCATIONAL INFORMATION.— 

19 The Administrator shall provide edu20 cational information to ensure that all 

21 users of a pesticide product are aware that 

22 information is available in alternate lan23 guages.’’. 


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1 (b) FARMWORKER SAFETY.—The Federal Insecti2 cide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et 

3 seq.) is amended by adding at the end the following: 

4 ‘‘SEC. 36. FARMWORKER SAFETY. 

5 ‘‘(a) DEFINITIONS.—In this section: 

6 ‘‘(1) FARMWORKER.—The term ‘farmworker’ 

7 means an individual of any age that is employed in 

8 agriculture, including as a pesticide user or appli9 cator, for any length of time, including migrant and 

10 seasonal employees, regardless of classification as a 

11 full-time, part-time, or contract employee. 

12 ‘‘(2) FARMWORKER INCIDENT.—The term 

13 ‘farmworker incident’ means exposure of a farm14 worker to an active ingredient, a pesticide product, 

15 a tank mixture of multiple pesticides, a metabolite, 

16 or a degradate that results in— 

17 ‘‘(A) an illness or injury— 

18 ‘‘(i) requiring medical attention or 

19 hospitalization of the farmworker; or 

20 ‘‘(ii) that requires the farmworker to 

21 stop working temporarily or permanently; 

22 ‘‘(B) a permanent disability or loss in 

23 function of the farmworker; or 

24 ‘‘(C) death of the farmworker. 

25 ‘‘(b) MANDATORY DUTY TO REPORT.— 


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1 ‘‘(1) IN GENERAL.—Whenever a farmworker in2 cident occurs, the employer of each affected farm3 worker shall report the incident to the Adminis4 trator. 

5 ‘‘(2) ONLINE SYSTEM.— 

6 ‘‘(A) IN GENERAL.—Not later than 60 

7 days after the date of enactment of this section, 

8 the Administrator shall implement and deploy 

9 an online system to facilitate the reporting of 

10 farmworker incidents. 

11 ‘‘(B) REQUIREMENTS.—The online system 

12 under subparagraph (A) shall include, at a min13 imum, a description of, with respect to each 

14 farmworker incident— 

15 ‘‘(i) the time and location; 

16 ‘‘(ii) the name of each active ingre17 dient and pesticide product involved; 

18 ‘‘(iii) whether such a pesticide was ap19 plied in accordance with the label instruc20 tions; 

21 ‘‘(iv) the harm that resulted to any af22 fected farmworker; 

23 ‘‘(v) the nature of any medical care 

24 that was sought by any affected farm25 worker; and 


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1 ‘‘(vi) any other pertinent information. 

2 ‘‘(C) ANONYMOUS REPORTING.—The Ad3 ministrator shall ensure that the online system 

4 under subparagraph (A) allows for anonymous 

5 reporting to protect farmworkers from retalia6 tion. 

7 ‘‘(c) PENALTIES FOR FAILURE TO REPORT.— 

8 ‘‘(1) CIVIL PENALTIES.—An employer described 

9 in subsection (b)(1) that fails to report a farm10 worker incident shall be fined $1,000 per day begin11 ning on the 8th day after the farmworker incident 

12 occurs. 

13 ‘‘(2) CRIMINAL PENALTIES.—An employer de14 scribed in subsection (b)(1) that knowingly fails to 

15 report a farmworker incident, or that otherwise pres16 sures or coerces a farmworker to not report a farm17 worker incident, shall be liable for a criminal penalty 

18 of up to $100,000, 6 months in prison, or both. 

19 ‘‘(3) REWARDS.—The Administrator shall im20 plement a reward system that a provides monetary 

21 award of not less than $25,000 per person per farm22 worker incident that leads to the identification of 1 

23 or more employers that have failed to report a farm24 worker incident. 

25 ‘‘(4) RETALIATION.— 


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1 ‘‘(A) IN GENERAL.—Any person that takes 

2 punitive action against a farmworker or a per3 son that reports a farmworker incident shall be 

4 liable for a criminal penalty of not more than 

5 $100,000, 6 months in prison, or both. 

6 ‘‘(B) IMMIGRATION STATUS.—No Federal 

7 agency shall take any action regarding the im8 migration legal status within the United States 

9 of a farmworker, including initiating removal 

10 proceedings or any other prosecution of the 

11 farmworker, based solely on any information 

12 derived from the reporting or investigation of a 

13 farmworker incident. 

14 ‘‘(d) PREVENTING FUTURE HARM TO FARM15 WORKERS.— 

16 ‘‘(1) IN GENERAL.—Not later than 15 days 

17 after the receipt of a report of a farmworker inci18 dent, the Administrator shall transmit a report pre19 pared by the Administrator of the farmworker inci20 dent to— 

21 ‘‘(A) the manufacturer of each involved 

22 pesticide product; and 

23 ‘‘(B) the manufacturer of each involved ac24 tive ingredient or ingredients. 


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1 ‘‘(2) SUSPENSION.—Notwithstanding any other 

2 provision of law, if a farmworker incident results in 

3 the death of a farmworker, the pesticide product or 

4 active ingredient that caused the death shall be im5 mediately suspended, pending the review required by 

6 this section. 

7 ‘‘(3) ASSESSMENTS.— 

8 ‘‘(A) PESTICIDE PRODUCT MANUFAC9 TURER.—Not later than 60 days after the re10 ceipt of a report of a farmworker incident, the 

11 manufacturer of the pesticide product shall pro12 vide to the Administrator an assessment of the 

13 farmworker incident, including whether any 

14 changes to the label of the pesticide product or 

15 active ingredient are warranted at the time of 

16 the assessment to avoid future farmworker inci17 dents. 

18 ‘‘(B) ASSESSMENT BY ACTIVE INGREDIENT

19 MANUFACTURER.—Not later than 60 days after 

20 the receipt of a report of a farmworker incident, 

21 the manufacturer of each involved pesticide ac22 tive ingredient shall provide to the Adminis23 trator an assessment of the farmworker inci24 dent, including whether any changes to the pes25 ticide product or active ingredient are warVerDate Sep 11 2014 00:13 Dec 08, 2021 Jkt 029200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\S3283.IS S3283

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1 ranted at the time of the assessment to avoid 

2 future farmworker incidents. 

3 ‘‘(4) DETERMINATIONS BY ADMINISTRATOR.— 

4 ‘‘(A) DRAFT DETERMINATION.— 

5 ‘‘(i) IN GENERAL.—Not later than the 

6 earlier of 90 days after the receipt of an 

7 assessment required by paragraph (3) and 

8 180 days after the occurrence of the farm9 worker incident, the Administrator shall 

10 make a draft determination as to whether 

11 a change in the label of an involved pes12 ticide product or active ingredient is war13 ranted. 

14 ‘‘(ii) PUBLICATION.—The Adminis15 trator shall publish a determination under 

16 clause (i) in the Federal Register for a pe17 riod of 30 days for public notice and com18 ment. 

19 ‘‘(B) FINAL DETERMINATION.—Not later 

20 than 30 days after the close of the public com21 ment described in subparagraph (A)(ii), the Ad22 ministrator shall— 

23 ‘‘(i) make a final determination as to 

24 whether the label of the pesticide product 

25 should be changed; and 


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1 ‘‘(ii) publish that final determination 

2 in the Federal Register. 

3 ‘‘(5) CANCELLATIONS.— 

4 ‘‘(A) FAILURE TO CHANGE LABEL.—Not5 withstanding any other provision of law, includ6 ing section 6(b), if the manufacturer of a pes7 ticide product or active ingredient does not 

8 change the label of the applicable product in ac9 cordance with a final determination of the Ad10 ministrator under paragraph (4)(B), the pes11 ticide product or active ingredient shall be im12 mediately and permanently canceled by oper13 ation of law and without further proceedings. 

14 ‘‘(B) CANCELLATION FOR FAILURE TO

15 COMPLY.—Notwithstanding any other provision 

16 of law, including section 6(b), if the manufac17 turer of the pesticide product or active ingre18 dient fails to comply with any applicable provi19 sion of this section, the active ingredient and all 

20 pesticide products containing the active ingre21 dient shall be immediately and permanently 

22 canceled by operation of law and without fur23 ther proceedings. 

24 ‘‘(e) ACCOUNTING FOR FARMWORKER INCIDENTS

25 DURING REGISTRATION REVIEW.— 


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1 ‘‘(1) IN GENERAL.—Notwithstanding any other 

2 provision of law, if a pesticide product or active in3 gredient is responsible for not fewer than 10 farm4 worker incidents of any type, or not fewer than 3 

5 farmworker incidents resulting in death, and the 

6 pesticide product or active ingredient has not re7 ceived a final determination regarding a registration 

8 review during the preceding 15-year period, the Ad9 ministrator shall immediately suspend the pesticide 

10 product or active ingredient until a final determina11 tion is made regarding the registration review of the 

12 pesticide. 

13 ‘‘(2) REPORTS.—The Administrator shall— 

14 ‘‘(A) include in a final determination re15 garding the registration review of a pesticide 

16 the registration of which is suspended under 

17 paragraph (1) a full and complete report de18 scribing each farmworker incident that has oc19 curred during the period covered by the report; 

20 and 

21 ‘‘(B)(i) require label changes to prevent 

22 farmworker incidents from occurring in the fu23 ture; or 

24 ‘‘(ii) explain why no label changes under 

25 clause (i) are warranted.’’. 


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1 SEC. 14. AUTHORITY TO BRING CIVIL ACTION. 

2 Section 16 of the Federal Insecticide, Fungicide, and 

3 Rodenticide Act (7 U.S.C. 136n) is amended by adding 

4 at the end the following: 

5 ‘‘(e) AUTHORITY TO BRING CIVIL ACTION.— 

6 ‘‘(1) IN GENERAL.—Any person may bring a 

7 civil action against the Administrator where there is 

8 an alleged failure of the Administrator to comply 

9 with any provision of this Act. 

10 ‘‘(2) JURISDICTION.—The district courts of the 

11 United States shall have exclusive jurisdiction over a 

12 civil action brought pursuant to paragraph (1).’’. 

13 SEC. 15. EMPLOYEE PROTECTION. 

14 The Federal Insecticide, Fungicide, and Rodenticide 

15 Act (7 U.S.C. 136 et seq.) (as amended by section 13(b)) 

16 is amended by adding at the end the following: 

17 ‘‘SEC. 37. EMPLOYEE PROTECTION. 

18 ‘‘(a) PROHIBITION.—No employer may discharge any 

19 employee or otherwise discriminate against any employee 

20 with respect to the employee’s compensation, terms, condi21 tions, or privileges of employment because the employee 

22 (or any person acting pursuant to a request of the em23 ployee)— 

24 ‘‘(1) has commenced, has caused to be com25 menced, or is about to commence or cause to be 

26 commenced a proceeding under this Act; 


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1 ‘‘(2) has testified or is about to testify in any 

2 proceeding described in paragraph (1); or 

3 ‘‘(3) has assisted or participated or is about to 

4 assist or participate in any manner in— 

5 ‘‘(A) any proceeding described in para6 graph (1); or 

7 ‘‘(B) any other action to carry out the pur8 poses of this Act. 

9 ‘‘(b) REMEDY.— 

10 ‘‘(1) FILING OF COMPLAINT.—Any employee 

11 who believes that the employee has been discharged 

12 or otherwise discriminated against by any person in 

13 violation of subsection (a) may, not later than 30 

14 days after the date on which the alleged violation oc15 curs, file (or have any person file on behalf of the 

16 employee) a complaint with the Secretary of Labor 

17 (referred to in this section as the ‘Secretary’) alleg18 ing that discharge or discrimination. 

19 ‘‘(2) NOTIFICATION.—On receipt of a complaint 

20 filed under paragraph (1), the Secretary shall notify 

21 the person named in the complaint of the filing of 

22 the complaint. 

23 ‘‘(3) INVESTIGATIONS.— 

24 ‘‘(A) IN GENERAL.—On receipt of a com25 plaint filed under paragraph (1), the Secretary 


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1 shall conduct an investigation of the violation 

2 alleged in the complaint. 

3 ‘‘(B) RESULTS.—Not later than 30 days 

4 after the date on which the Secretary receives 

5 a complaint filed under paragraph (1), the Sec6 retary shall— 

7 ‘‘(i) complete the investigation under 

8 subparagraph (A); and 

9 ‘‘(ii) notify in writing the complainant 

10 (and any person acting on behalf of the 

11 complainant) and the person alleged to 

12 have committed the applicable violation of 

13 the results of that investigation. 

14 ‘‘(4) ORDERS.— 

15 ‘‘(A) IN GENERAL.—Not later than 90 

16 days after the date on which the Secretary re17 ceives a complaint filed under paragraph (1), 

18 unless the proceeding on the complaint is termi19 nated by the Secretary on the basis of a settle20 ment entered into by the Secretary and the per21 son alleged to have committed the applicable 

22 violation, the Secretary shall issue an order— 

23 ‘‘(i) providing the relief described in 

24 paragraph (5); or 

25 ‘‘(ii) denying the complaint. 


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1 ‘‘(B) NOTICE AND OPPORTUNITY FOR

2 HEARING.—An order of the Secretary under 

3 subparagraph (A) shall be made on the record 

4 after notice and opportunity for agency hearing. 

5 ‘‘(C) SETTLEMENTS.—The Secretary may 

6 not enter into a settlement terminating a pro7 ceeding on a complaint filed under paragraph 

8 (1) without the participation and consent of the 

9 complainant. 

10 ‘‘(5) RELIEF.—If, in response to a complaint 

11 filed under paragraph (1), the Secretary determines 

12 that a violation of subsection (a) has occurred, the 

13 Secretary shall issue an order— 

14 ‘‘(A) requiring the person who committed 

15 the violation— 

16 ‘‘(i) to take affirmative action to 

17 abate the violation; and 

18 ‘‘(ii) if the complainant was dis19 charged by the person committing the vio20 lation, to reinstate the complainant to the 

21 complainant’s former position, with the 

22 compensation (including back pay), terms, 

23 conditions, and privileges of the complain24 ant’s employment; and 


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1 ‘‘(B) assessing against the person who 

2 committed the violation— 

3 ‘‘(i) compensatory damages; 

4 ‘‘(ii) if appropriate, exemplary dam5 ages; and 

6 ‘‘(iii) at the request of the complain7 ant, a sum equal to the aggregate amount 

8 of all costs and expenses (including attor9 ney’s fees) reasonably incurred, as deter10 mined by the Secretary, by the complain11 ant for, or in connection with, the bringing 

12 of the complaint. 

13 ‘‘(c) JUDICIAL REVIEW.— 

14 ‘‘(1) IN GENERAL.—Any employee or employer 

15 adversely affected or aggrieved by an order issued 

16 under subsection (b) may obtain review of the order 

17 in the court of appeals of the United States for the 

18 judicial circuit in which the violation with respect to 

19 which the order is issued allegedly occurred. 

20 ‘‘(2) PETITION.—A petition for review under 

21 paragraph (1) shall be filed not later than 60 days 

22 after the date on which the applicable order is issued 

23 under subsection (b). 


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1 ‘‘(3) APPLICABLE LAW.—Judicial review under 

2 paragraph (1) shall be in accordance with chapter 7 

3 of title 5, United States Code. 

4 ‘‘(4) EXCLUSIVE REVIEW.—An order of the 

5 Secretary with respect to which judicial review may 

6 be or may have been obtained under paragraph (1) 

7 shall not be subject to judicial review in— 

8 ‘‘(A) a criminal proceeding; or 

9 ‘‘(B) a civil proceeding under any other 

10 provision of law. 

11 ‘‘(d) ENFORCEMENT.— 

12 ‘‘(1) IN GENERAL.—If a person fails to comply 

13 with an order issued under subsection (b), the Sec14 retary shall bring a civil action in the district court 

15 of the United States for the judicial district in which 

16 the violation is determined to occur to enforce that 

17 order. 

18 ‘‘(2) JURISDICTION.—In a civil action brought 

19 under paragraph (1), a district court of the United 

20 States shall have jurisdiction to grant all appro21 priate relief, including injunctive relief, compen22 satory damages, and exemplary damages. 

23 ‘‘(e) EXCLUSION.—Subsection (a) shall not apply 

24 with respect to any employee who, acting without direction 

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1 ployer), deliberately causes a violation of any requirement 

2 of this Act.’’. 

Æ 


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