Protect America's Children from Toxic Pesticides Act

Subjects: Environmental Protection


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 269 Introduced in Senate (IS)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                 S. 269

  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

                            February 2, 2023

Mr. Booker (for himself, Mrs. Gillibrand, Mr. Sanders, Ms. Warren, and 
  Mr. Schatz) 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.

    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 ``Protect America's Children from 
Toxic Pesticides Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the Environmental Protection Agency (referred to in 
        this section as the ``EPA'') regularly fails to incorporate 
        updated scientific understanding to protect human health and 
        the environment from the harmful effects of pesticide products, 
        as envisioned by the Federal Insecticide, Fungicide, and 
        Rodenticide Act (7 U.S.C. 136 et seq.), resulting in the use of 
        billions of pounds of pesticides every year that were approved 
        based on outdated science;
            (2) the United States lags behind the European Union and 
        other developed nations in protecting its people and its 
        environment from toxic chemicals, allowing the use of 72 
        pesticides that have been banned or are being phased out in the 
        European Union alone;
            (3) the EPA registers nearly 65 percent of pesticides 
        through conditional registrations and frequently waives 
        requirements to extend the use of conditional registrations 
        prior to completion of comprehensive registration;
            (4) the EPA permits the continued sale of potentially 
        dangerous stocks of pesticides after registration has been 
        canceled, suspended, or otherwise voided;
            (5) the EPA uses emergency exemptions to keep pesticides on 
        the market for years without undergoing a comprehensive 
        registration process that would ensure the safe use of the 
        pesticides;
            (6) the EPA is prohibited from requiring the disclosure of 
        inert ingredients, even though inert ingredients can account 
        for 99 percent of a pesticide product and include carcinogenic 
        and toxic chemicals;
            (7) scientists have repeatedly linked exposure to 
        organophosphate pesticides to neurodevelopmental damage in 
        children;
            (8) the United States Fish and Wildlife Service and the 
        National Marine Fisheries Service have determined that 
        organophosphate pesticides jeopardize the survival of 97 
        percent of endangered species;
            (9) neonicotinoid pesticides are contributing to the rapid 
        decline of pollinators and the deterioration of pollinator 
        health, including impaired foraging behavior and increased 
        susceptibility to viruses, diseases, and parasites;
            (10) exposure to paraquat--
                    (A) causes heart failure, kidney failure, liver 
                failure, lung scarring, and damage to brain cells; and
                    (B) greatly increases the risk of developing 
                Parkinson's disease;
            (11) local communities have been blocked by States from 
        enacting pesticide restrictions to protect people and 
        environment from toxic chemicals; and
            (12) farmworkers are--
                    (A) disproportionately exposed to and harmed by 
                pesticide use; and
                    (B) afforded inadequate safeguards and far less 
                protection than industrial workers.

SEC. 3. ENDING INDEFINITE DELAYS ON REVIEW OF DANGEROUS PESTICIDES.

    (a) Definitions.--
            (1) In general.--Section 2 of the Federal Insecticide, 
        Fungicide, and Rodenticide Act (7 U.S.C. 136) is amended--
                    (A) by striking subsection (z) and inserting the 
                following:
    ``(z) Registration.--The term `registration' means the approval of 
an active ingredient or pesticide product under this Act--
            ``(1) that has not previously been registered under this 
        Act; or
            ``(2) for a crop or use for which the active ingredient or 
        pesticide has not previously been registered under this Act.'';
                    (B) by redesignating subsections (aa) through (oo) 
                as subsections (bb) through (pp), respectively; and
                    (C) by inserting after subsection (z) the 
                following:
    ``(aa) Registration Review Determination.--
            ``(1) In general.--The term `registration review 
        determination' means the final decision to renew the 
        registration of a pesticide product or active ingredient to 
        authorize the use of the pesticide product or active 
        ingredient--
                    ``(A) for an additional 15-year period from the 
                date of the previous registration, reregistration, or 
                registration review determination, as applicable; and
                    ``(B) in compliance with all applicable laws and 
                regulations.
            ``(2) Exclusion.--The term `registration review 
        determination' does not include any interim determination 
        regarding the continued use of a pesticide product or active 
        ingredient by the Administrator.''.
            (2) Conforming amendments.--
                    (A) Section 2(e)(1) of the Federal Insecticide, 
                Fungicide, and Rodenticide Act (7 U.S.C. 136(e)(1)) is 
                amended by striking ``subsection (ee)'' and inserting 
                ``subsection (ff)''.
                    (B) Section 3(h)(3)(E) of the Federal Insecticide, 
                Fungicide, and Rodenticide Act (7 U.S.C. 136a(h)(3)(E)) 
                is amended by striking ``section 2(mm)'' and inserting 
                ``section 2(nn)''.
                    (C) Section 33(b)(3) of the Federal Insecticide, 
                Fungicide, and Rodenticide Act (7 U.S.C. 136w-8(b)(3)) 
                is amended--
                            (i) by striking ``Sec. 2(mm)'' each place 
                        it appears and inserting ``section 2(nn)''; and
                            (ii) by striking ``Section 2(ll)(2)'' and 
                        inserting ``section 2(mm)(2)''.
    (b) Suspension of Dangerous Pesticides on Failure To Complete 
Registration Review on Time.--Section 4 of the Federal Insecticide, 
Fungicide, and Rodenticide Act (7 U.S.C. 136a-1) is amended by adding 
at the end the following:
    ``(o) Suspension of Dangerous Pesticides on Failure To Complete 
Registration Review on Time.--
            ``(1) Definition of dangerous pesticide.--In this 
        subsection, the term `dangerous pesticide' means an active 
        ingredient or pesticide product that may--
                    ``(A) be carcinogenic;
                    ``(B) be acutely toxic;
                    ``(C) be an endocrine disruptor;
                    ``(D) cause harm to a pregnant woman or a fetus; or
                    ``(E) cause neurological or developmental harm.
            ``(2) Petitions to designate dangerous pesticides.--
                    ``(A) In general.--An interested person may submit 
                a petition under section 553(e) of title 5, United 
                States Code, to designate an active ingredient or 
                pesticide product as a dangerous pesticide under this 
                subsection.
                    ``(B) Review.--On receipt of a petition under 
                subparagraph (A), the Administrator shall review the 
                petitions submitted by interested persons under that 
                subparagraph relating to that active ingredient or 
                pesticide product to determine if the active ingredient 
                or pesticide product may warrant designation as a 
                dangerous pesticide.
            ``(3) Initial findings.--
                    ``(A) In general.--Not later than 90 days after the 
                receipt of a petition described in paragraph (2)(A), 
                the Administrator shall make a finding as to whether 
                the petition presents substantial scientific 
                information indicating that the designation of the 
                petitioned active ingredient or pesticide product as a 
                dangerous pesticide may be warranted.
                    ``(B) Failure to review petition.--If the 
                Administrator fails make a finding on a petition by the 
                date required under subparagraph (A), the active 
                ingredient or pesticide product that is the subject of 
                the petition shall be deemed to be a dangerous 
                pesticide.
                    ``(C) Full consideration of all science.--
                            ``(i) In general.--In making a finding as 
                        to whether a petition provides substantial 
                        scientific information that an active 
                        ingredient or pesticide product may warrant 
                        designation as a dangerous pesticide under 
                        subparagraph (A), the Administrator shall fully 
                        consider all relevant evidence, including--
                                    ``(I) epidemiological studies or 
                                data;
                                    ``(II) peer-reviewed literature; 
                                and
                                    ``(III) data generated by--
                                            ``(aa) a Federal or State 
                                        agency; or
                                            ``(bb) an agency of a 
                                        foreign government.
                            ``(ii) Requirement.--The Administrator 
                        shall not discount or ignore information 
                        provided in a petition described in paragraph 
                        (2)(A) based on any criteria under part 152 or 
                        160 of title 40, Code of Federal Regulations 
                        (or successor regulations).
            ``(4) Suspensions of pesticide.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, on a finding under paragraph (3)(A) 
                that an active ingredient or pesticide product may 
                warrant designation as a dangerous pesticide, or on 
                operation of paragraph (3)(B), the Administrator shall 
                immediately suspend the registration of the active 
                ingredient or pesticide product if a valid 
                reregistration eligibility decision or registration 
                review determination has not been made regarding the 
                active ingredient or pesticide product during the 15-
                year period ending on the date of that finding or 
                operation.
                    ``(B) Duration.--The registration of an active 
                ingredient or pesticide product suspended under 
                subparagraph (A) shall remain suspended until such time 
                as the Administrator makes a registration review 
                determination in accordance with this section.
            ``(5) Existing stocks.--In accordance with section 6(a)(1), 
        the Administrator shall not permit the continued sale and use 
        of existing stocks of an active ingredient or pesticide product 
        the registration of which has been suspended under paragraph 
        (4).
            ``(6) Cancellation.--Notwithstanding any other provision of 
        law, including section 6(b), if the Administrator fails to 
        suspend the registration of an active ingredient or pesticide 
        product that may warrant designation as a dangerous pesticide 
        as required by this subsection by not later than 60 days after 
        any deadline described in this subsection--
                    ``(A) the registration of the active ingredient or 
                pesticide product shall be immediately and permanently 
                canceled by operation of law and without any further 
                proceedings; and
                    ``(B) in accordance with section 6(a)(1), the sale 
                of existing stocks of the active ingredient or 
                pesticide product shall be prohibited.
            ``(7) Inapplicability of ireds.--Notwithstanding any other 
        provision of law, an interim registration review decision or 
        any other interim determination with respect to an active 
        ingredient or pesticide product shall have no force or effect 
        regarding any requirement of this subsection.''.

SEC. 4. EMERGENCY REVIEW OF PESTICIDES BANNED IN OTHER NATIONS.

    Section 6 of the Federal Insecticide, Fungicide, and Rodenticide 
Act (7 U.S.C. 136d) is amended by adding at the end the following:
    ``(i) Suspension and Expedited Review of Banned Pesticides.--
            ``(1) Suspension of banned pesticides.--The Administrator 
        shall immediately suspend the registration of any active 
        ingredient or pesticide product that is--
                    ``(A) banned or otherwise prohibited from entering 
                the market by the European Union, 1 or more countries 
                in the European Union, or Canada; and
                    ``(B) registered for use within the United States.
            ``(2) Expedited review.--The Administrator shall complete 
        an expedited review of the justification and rationale for the 
        ban of a pesticide by the European Union or a country described 
        in paragraph (1)(A).
            ``(3) Cancellation.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, including section 6(b), unless the 
                Administrator determines after a review under paragraph 
                (2) that the decision to ban a pesticide by the 
                European Union or a country described in paragraph 
                (1)(A) was clearly erroneous, the registration that is 
                suspended shall be canceled not later than 2 years 
                after the date of completion of the review.
                    ``(B) Full consideration of all science.--
                            ``(i) In general.--In determining whether 
                        the ban of a pesticide by the European Union or 
                        a country described in paragraph (1)(A) was 
                        clearly erroneous under subparagraph (A), the 
                        Administrator shall fully consider all relevant 
                        evidence, including--
                                    ``(I) epidemiological studies or 
                                data;
                                    ``(II) peer-reviewed literature; 
                                and
                                    ``(III) data generated by--
                                            ``(aa) a State or Federal 
                                        agency; or
                                            ``(bb) an agency of a 
                                        foreign government.
                            ``(ii) Treatment of information.--
                        Notwithstanding any requirements or criteria 
                        under parts 152 and 160 of title 40, Code of 
                        Federal Regulations (or successor regulations), 
                        the Administrator shall not discount, otherwise 
                        ignore, or give disproportionately more or less 
                        weight to evidence described in clause (i).
                    ``(C) Consideration of economic cost prohibited.--
                In determining whether the ban of a pesticide by the 
                European Union or a country described in paragraph 
                (1)(A) was clearly erroneous under subparagraph (A), 
                the Administrator shall not consider any economic 
                analysis of the benefits or costs of continuing to 
                register the pesticide.
                    ``(D) Public comment.--Prior to making a final 
                determination under subparagraph (A), the Administrator 
                shall provide a draft determination for not less than 
                90 days of public comment.''.

SEC. 5. ENSURING ACCOUNTABILITY IN CONDITIONAL REGISTRATIONS.

    (a) In General.--Section 3(c)(7) of the Federal Insecticide, 
Fungicide, and Rodenticide Act (7 U.S.C. 136a(c)(7)) is amended by 
striking subparagraph (C) and inserting the following:
                    ``(C) Time limits on conditional registrations.--
                            ``(i) In general.--Notwithstanding any 
                        other provision of this subsection or section 
                        6(e), the Administrator shall provide not 
                        longer than 2 years for the terms and 
                        requirements of any conditional registration 
                        under this paragraph to be met by the 
                        registrant.
                            ``(ii) Cancellation.--The Administrator 
                        shall cancel a conditional registration under 
                        this paragraph unless the registrant fully 
                        complies with all conditions by the earlier 
                        of--
                                    ``(I) all deadlines established by 
                                the Administrator; and
                                    ``(II) 2 years after the effective 
                                date of the conditional registration.
                            ``(iii) Existing conditional 
                        registrations.--Notwithstanding any other 
                        provision of law, as of the date of enactment 
                        of this clause, each outstanding conditional 
                        registration under this paragraph for which the 
                        registrant has not fulfilled all conditions of 
                        the conditional registration shall be canceled.
                            ``(iv) Reports.--
                                    ``(I) In general.--Not later than 
                                December 31 of each calendar year, the 
                                Administrator shall submit to Congress 
                                an annual report describing the total 
                                number of conditional registrations 
                                under this paragraph that were 
                                registered during the immediately 
                                preceding fiscal year.
                                    ``(II) Contents.--A report under 
                                subclause (I) shall include a 
                                description of--
                                            ``(aa) each conditionally 
                                        registered pesticide and the 
                                        conditions imposed, including 
                                        any modification of those 
                                        conditions; and
                                            ``(bb) the quantity 
                                        produced of each pesticide 
                                        described in item (aa).''.
    (b) Conforming Amendment.--Section 6(e) of the Federal Insecticide, 
Fungicide, and Rodenticide Act (7 U.S.C. 136d(e)) is amended--
            (1) in paragraph (1), by striking the last sentence and 
        inserting ``The Administrator shall not permit the continued 
        sale and use of existing stocks of a pesticide the conditional 
        registration of which has been canceled.''; and
            (2) in paragraph (2), in the third sentence, by striking 
        ``, and whether the Administrator's determination with respect 
        to the disposition of existing stocks is consistent with this 
        Act''.

SEC. 6. PROHIBITION ON THE SALE OR USE OF EXISTING STOCKS OF SUSPENDED 
              OR CANCELED PESTICIDES.

    Section 6(a) of the Federal Insecticide, Fungicide, and Rodenticide 
Act (7 U.S.C. 136d(a)) is amended by striking the subsection 
designation and heading and all that follows through the period at the 
end of paragraph (1) and inserting the following:
    ``(a) Prohibition on the Sale or Use of Existing Stocks; 
Information.--
            ``(1) Existing stocks.--The Administrator shall not permit 
        the continued sale or use of existing stocks of a pesticide the 
        registration of which is--
                    ``(A) suspended or canceled under this section or 
                section 3 or 4; or
                    ``(B) vacated or set aside by judicial decree.''.

SEC. 7. ENDING ABUSE OF EMERGENCY EXEMPTIONS.

    Section 18 of the Federal Insecticide, Fungicide, and Rodenticide 
Act (7 U.S.C. 136p) is amended--
            (1) in the first sentence, by striking ``The 
        Administrator'' and inserting the following:
    ``(a) In General.--The Administrator'';
            (2) in subsection (a) (as so designated), in the second 
        sentence, by striking ``The Administrator'' and inserting the 
        following:
    ``(b) Consultation.--The Administrator''; and
            (3) by adding at the end the following:
    ``(c) Limitations on Emergency Exemptions.--Notwithstanding any 
other provision of law, the Administrator shall not grant an emergency 
exemption under subsection (a) for the same active ingredient or 
pesticide product in the same location for more than 2 years in any 10-
year period.
    ``(d) Restrictions on Unregistered Pesticides.--The Administrator 
shall not grant an emergency exemption under subsection (a) to use an 
active ingredient or pesticide product that is not registered under 
section 3 for any use.
    ``(e) Restrictions on Conditional Pesticides.--The Administrator 
shall not grant an emergency exemption under subsection (a) for any 
active ingredient or pesticide product that is registered conditionally 
under section 3(c)(7)(A).''.

SEC. 8. ADDING TRANSPARENCY FOR INERT INGREDIENTS.

    (a) Definition of Ingredient Statement.--Section 2(n) of the 
Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136(n)) 
is amended--
            (1) by redesignating paragraph (2) as paragraph (4); and
            (2) by striking paragraph (1) and inserting the following:
            ``(1) the name and percentage of each active ingredient in 
        the pesticide product;
            ``(2) the name and percentage of each inert ingredient in 
        the pesticide product;
            ``(3) if applicable, a statement that the pesticide product 
        contains an inert ingredient determined by a State or Federal 
        agency, or the Administrator based on epidemiological data or 
        peer-reviewed literature, to be likely--
                    ``(A) to be carcinogenic;
                    ``(B) to be an endocrine disruptor;
                    ``(C) to be acutely toxic;
                    ``(D) to cause harm to pregnant women or fetuses; 
                or
                    ``(E) to cause neurological or developmental harm; 
                and''.
    (b) Complete List of Inert Ingredients.--Section 3(c)(9) of the 
Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 
136a(c)(9)) is amended by adding at the end the following:
                    ``(E) Complete list of inert ingredients.--
                Notwithstanding any other provision of law, the label 
                or labeling required under this Act shall provide a 
                complete list of inert ingredients.''.
    (c) Conforming Amendment.--Section 10(d) of the Federal 
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136h(d)) is 
amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (A), by adding ``or'' at the 
                end;
                    (B) in subparagraph (B), by striking ``or'' at the 
                end; and
                    (C) by striking subparagraph (C); and
            (2) in paragraph (3), by striking ``clause (A), (B), or 
        (C)'' each place it appears and inserting ``subparagraph (A) or 
        (B)''.

SEC. 9. CANCELLATION OF REGISTRATION OF ORGANOPHOSPHATES.

    Section 6 of the Federal Insecticide, Fungicide, and Rodenticide 
Act (7 U.S.C. 136d) (as amended by section 4) is amended by adding at 
the end the following:
    ``(j) Cancellation of Registration of Organophosphate Pesticides.--
            ``(1) In general.--
                    ``(A) Cancellation.--Effective on the date of 
                enactment of this subsection--
                            ``(i) all pesticides of the class 
                        organophosphate shall be deemed to generally 
                        cause unreasonable adverse effects to humans; 
                        and
                            ``(ii) notwithstanding any other provision 
                        of law, including section 6(b), the 
                        registration of all uses of pesticides of the 
                        class organophosphate shall be immediately and 
                        permanently canceled by operation of law and 
                        without further proceedings.
                    ``(B) 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 an 
                organophosphate, or any pesticide chemical residue that 
                results from organophosphate use, in or on food.
            ``(2) Sale of existing stocks prohibited.--In accordance 
        with subsection (a)(1), effective on the date of enactment of 
        this subsection, the continued sale or use of existing stocks 
        of pesticides of the class organophosphate shall be prohibited.
            ``(3) No future organophosphate registrations.--Effective 
        on the date of enactment of this subsection, the Administrator 
        may not register any pesticide of the class organophosphate 
        under section 4.
            ``(4) Ineligibility for emergency use.--Notwithstanding any 
        other provision of law, a pesticide canceled under this 
        subsection shall not be eligible for use under section 18.''.

SEC. 10. CANCELLATION OF REGISTRATION OF NEONICOTINOIDS.

    Section 6 of the Federal Insecticide, Fungicide, and Rodenticide 
Act (7 U.S.C. 136d) (as amended by section 9) is amended by adding at 
the end the following:
    ``(k) Cancellation of Registration of Neonicotinoid Pesticides.--
            ``(1) In general.--
                    ``(A) Cancellation.--Effective on the date of 
                enactment of this subsection--
                            ``(i) all active ingredients and pesticide 
                        products containing 1 or more of the active 
                        ingredients imidacloprid, clothianidin, 
                        thiamethoxam, dinotefuran, acetamiprid, 
                        sulfoxaflor, and flupyradifurone (referred to 
                        in this subsection as `neonicotinoid 
                        pesticides') shall be deemed to generally cause 
                        unreasonable adverse effects to the 
                        environment; and
                            ``(ii) notwithstanding any other provision 
                        of law, including section 6(b), the 
                        registration of all uses of neonicotinoid 
                        pesticides shall be immediately and permanently 
                        canceled by operation of law and without 
                        further proceedings.
                    ``(B) 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.
            ``(2) Sale of existing stocks prohibited.--In accordance 
        with subsection (a)(1), effective on the date of enactment of 
        this subsection, the continued sale or use of existing stocks 
        of neonicotinoid pesticides shall be prohibited.
            ``(3) No future neonicotinoid registrations.--Effective on 
        the date of enactment of this subsection, the Administrator may 
        not register any neonicotinoid pesticide under section 4.
            ``(4) Ineligibility for emergency use.--Notwithstanding any 
        other provision of law, a pesticide canceled under this section 
        shall not be eligible for use under section 18.''.

SEC. 11. CANCELLATION OF REGISTRATION OF PARAQUAT.

    Section 6 of the Federal Insecticide, Fungicide, and Rodenticide 
Act (7 U.S.C. 136d) (as amended by section 10) is amended by adding at 
the end the following:
    ``(l) Cancellation of Registration of Paraquat.--
            ``(1) In general.--
                    ``(A) Cancellation.--Effective on the date of 
                enactment of this subsection--
                            ``(i) paraquat shall be deemed to generally 
                        cause unreasonable adverse effects to humans; 
                        and
                            ``(ii) notwithstanding any other provision 
                        of law, including section 6(b), the 
                        registration of all uses of paraquat shall be 
                        immediately and permanently canceled by 
                        operation of law and without further 
                        proceedings.
                    ``(B) 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 
                paraquat, or any pesticide chemical residue that 
                results from paraquat use, in or on food.
            ``(2) Sale of existing stocks prohibited.--In accordance 
        with subsection (a)(1), effective on the date of enactment of 
        this subsection, the continued sale or use of existing stocks 
        of paraquat shall be prohibited.
            ``(3) No future paraquat registrations.--Effective on the 
        date of enactment of this subsection, the Administrator may not 
        register any paraquat pesticide under section 4.
            ``(4) Ineligibility for emergency use.--Notwithstanding any 
        other provision of law, a pesticide canceled under this section 
        shall not be eligible for use under section 18.''.

SEC. 12. EMPOWERING COMMUNITIES TO PROTECT THEMSELVES FROM PESTICIDES.

    (a) In General.--Section 24 of the Federal Insecticide, Fungicide, 
and Rodenticide Act (7 U.S.C. 136v) is amended--
            (1) in subsection (a)--
                    (A) by inserting ``, or any political subdivision 
                of a State,'' after ``A State''; and
                    (B) by inserting ``or political subdivision'' after 
                ``the State'';
            (2) by striking subsection (b); and
            (3) by redesignating subsection (c) as subsection (b).
    (b) Conforming Amendment.--Section 3(c)(5) of the Federal 
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a(c)(5)) is 
amended, in the fourth sentence of the undesignated matter following 
subparagraph (D), by striking ``24(c) of this Act'' and inserting 
``24(b)''.

SEC. 13. PROTECTING FARMWORKERS FROM DANGEROUS PESTICIDES.

    (a) Language Requirements for Pesticide Products.--Section 3(c)(9) 
of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 
136a(c)(9)) (as amended by section 8(b)) is amended by adding at the 
end the following:
                    ``(F) Language requirements for pesticide 
                products.--
                            ``(i) In general.--The label for any 
                        pesticide product shall be printed in both 
                        English and Spanish.
                            ``(ii) Other languages.--In a case in which 
                        information exists that a pesticide product is 
                        used in agriculture by more than 500 individual 
                        persons or applicators who speak the same 
                        language other than English or Spanish, the 
                        Administrator shall provide a translation of 
                        that label in the language used by those 
                        individuals on the website of the Environmental 
                        Protection Agency.
                            ``(iii) Educational information.--The 
                        Administrator shall provide educational 
                        information to ensure that all users of a 
                        pesticide product are aware that information is 
                        available in alternate languages.''.
    (b) Farmworker Safety.--The Federal Insecticide, Fungicide, and 
Rodenticide Act (7 U.S.C. 136 et seq.) is amended by adding at the end 
the following:

``SEC. 36. FARMWORKER SAFETY.

    ``(a) Definitions.--In this section:
            ``(1) Farmworker.--The term `farmworker' means an 
        individual of any age that is employed in agriculture, 
        including as a pesticide user or applicator, for any length of 
        time, including migrant and seasonal employees, regardless of 
        classification as a full-time, part-time, or contract employee.
            ``(2) Farmworker incident.--The term `farmworker incident' 
        means exposure of a farmworker to an active ingredient, a 
        pesticide product, a tank mixture of multiple pesticides, a 
        metabolite, or a degradate that results in--
                    ``(A) an illness or injury--
                            ``(i) requiring medical attention or 
                        hospitalization of the farmworker; or
                            ``(ii) that requires the farmworker to stop 
                        working temporarily or permanently;
                    ``(B) a permanent disability or loss in function of 
                the farmworker; or
                    ``(C) death of the farmworker.
    ``(b) Mandatory Duty To Report.--
            ``(1) In general.--Whenever a farmworker incident occurs, 
        the employer of each affected farmworker shall report the 
        incident to the Administrator.
            ``(2) Online system.--
                    ``(A) In general.--Not later than 60 days after the 
                date of enactment of this section, the Administrator 
                shall implement and deploy an online system to 
                facilitate the reporting of farmworker incidents.
                    ``(B) Requirements.--The online system under 
                subparagraph (A) shall include, at a minimum, a 
                description of, with respect to each farmworker 
                incident--
                            ``(i) the time and location;
                            ``(ii) the name of each active ingredient 
                        and pesticide product involved;
                            ``(iii) whether such a pesticide was 
                        applied in accordance with the label 
                        instructions;
                            ``(iv) the harm that resulted to any 
                        affected farmworker;
                            ``(v) the nature of any medical care that 
                        was sought by any affected farmworker; and
                            ``(vi) any other pertinent information.
                    ``(C) Anonymous reporting.--The Administrator shall 
                ensure that the online system under subparagraph (A) 
                allows for anonymous reporting to protect farmworkers 
                from retaliation.
    ``(c) Penalties for Failure To Report.--
            ``(1) Civil penalties.--An employer described in subsection 
        (b)(1) that fails to report a farmworker incident shall be 
        fined $1,000 per day beginning on the 8th day after the 
        farmworker incident occurs.
            ``(2) Criminal penalties.--An employer described in 
        subsection (b)(1) that knowingly fails to report a farmworker 
        incident, or that otherwise pressures or coerces a farmworker 
        to not report a farmworker incident, shall be liable for a 
        criminal penalty of up to $100,000, 6 months in prison, or 
        both.
            ``(3) Rewards.--The Administrator shall implement a reward 
        system that provides a monetary award of not less than $25,000 
        per person per farmworker incident that leads to the 
        identification of 1 or more employers that have failed to 
        report a farmworker incident.
            ``(4) Retaliation.--
                    ``(A) In general.--Any person that takes punitive 
                action against a farmworker or a person that reports a 
                farmworker incident shall be liable for a criminal 
                penalty of not more than $100,000, 6 months in prison, 
                or both.
                    ``(B) Immigration status.--No Federal agency shall 
                take any action regarding the immigration legal status 
                within the United States of a farmworker, including 
                initiating removal proceedings or any other prosecution 
                of the farmworker, based solely on any information 
                derived from the reporting or investigation of a 
                farmworker incident.
    ``(d) Preventing Future Harm to Farmworkers.--
            ``(1) In general.--Not later than 15 days after the receipt 
        of a report of a farmworker incident, the Administrator shall 
        transmit a report prepared by the Administrator of the 
        farmworker incident to--
                    ``(A) the manufacturer of each involved pesticide 
                product; and
                    ``(B) the manufacturer of each involved active 
                ingredient or ingredients.
            ``(2) Suspension.--Notwithstanding any other provision of 
        law, if a farmworker incident results in the death of a 
        farmworker, the pesticide product or active ingredient that 
        caused the death shall be immediately suspended, pending the 
        review required by this section.
            ``(3) Assessments.--
                    ``(A) Pesticide product manufacturer.--Not later 
                than 60 days after the receipt of a report of a 
                farmworker incident, the manufacturer of the pesticide 
                product shall provide to the Administrator an 
                assessment of the farmworker incident, including 
                whether any changes to the label of the pesticide 
                product or active ingredient are warranted at the time 
                of the assessment to avoid future farmworker incidents.
                    ``(B) Assessment by active ingredient 
                manufacturer.--Not later than 60 days after the receipt 
                of a report of a farmworker incident, the manufacturer 
                of each involved pesticide active ingredient shall 
                provide to the Administrator an assessment of the 
                farmworker incident, including whether any changes to 
                the pesticide product or active ingredient are 
                warranted at the time of the assessment to avoid future 
                farmworker incidents.
            ``(4) Determinations by administrator.--
                    ``(A) Draft determination.--
                            ``(i) In general.--Not later than the 
                        earlier of 90 days after the receipt of an 
                        assessment required by paragraph (3) and 180 
                        days after the occurrence of the farmworker 
                        incident, the Administrator shall make a draft 
                        determination as to whether a change in the 
                        label of an involved pesticide product or 
                        active ingredient is warranted.
                            ``(ii) Publication.--The Administrator 
                        shall publish a determination under clause (i) 
                        in the Federal Register for a period of 30 days 
                        for public notice and comment.
                    ``(B) Final determination.--Not later than 30 days 
                after the close of the public comment described in 
                subparagraph (A)(ii), the Administrator shall--
                            ``(i) make a final determination as to 
                        whether the label of the pesticide product 
                        should be changed; and
                            ``(ii) publish that final determination in 
                        the Federal Register.
            ``(5) Cancellations.--
                    ``(A) Failure to change label.--Notwithstanding any 
                other provision of law, including section 6(b), if the 
                manufacturer of a pesticide product or active 
                ingredient does not change the label of the applicable 
                product in accordance with a final determination of the 
                Administrator under paragraph (4)(B), the pesticide 
                product or active ingredient shall be immediately and 
                permanently canceled by operation of law and without 
                further proceedings.
                    ``(B) Cancellation for failure to comply.--
                Notwithstanding any other provision of law, including 
                section 6(b), if the manufacturer of the pesticide 
                product or active ingredient fails to comply with any 
                applicable provision of this section, the active 
                ingredient and all pesticide products containing the 
                active ingredient shall be immediately and permanently 
                canceled by operation of law and without further 
                proceedings.
    ``(e) Accounting for Farmworker Incidents During Registration 
Review.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, if a pesticide product or active ingredient is responsible 
        for not fewer than 10 farmworker incidents of any type, or not 
        fewer than 3 farmworker incidents resulting in death, and the 
        pesticide product or active ingredient has not received a final 
        determination regarding a registration review during the 
        preceding 15-year period, the Administrator shall immediately 
        suspend the pesticide product or active ingredient until a 
        final determination is made regarding the registration review 
        of the pesticide.
            ``(2) Reports.--The Administrator shall--
                    ``(A) include in a final determination regarding 
                the registration review of a pesticide the registration 
                of which is suspended under paragraph (1) a full and 
                complete report describing each farmworker incident 
                that has occurred during the period covered by the 
                report; and
                    ``(B)(i) require label changes to prevent 
                farmworker incidents from occurring in the future; or
                    ``(ii) explain why no label changes under clause 
                (i) are warranted.''.

SEC. 14. AUTHORITY TO BRING CIVIL ACTION.

    Section 16 of the Federal Insecticide, Fungicide, and Rodenticide 
Act (7 U.S.C. 136n) is amended by adding at the end the following:
    ``(e) Authority To Bring Civil Action.--
            ``(1) In general.--Any person may bring a civil action 
        against the Administrator where there is an alleged failure of 
        the Administrator to comply with any provision of this Act.
            ``(2) Jurisdiction.--The district courts of the United 
        States shall have exclusive jurisdiction over a civil action 
        brought pursuant to paragraph (1).''.

SEC. 15. EMPLOYEE PROTECTION.

    The Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 
136 et seq.) (as amended by section 13(b)) is amended by adding at the 
end the following:

``SEC. 37. EMPLOYEE PROTECTION.

    ``(a) Prohibition.--No employer may discharge any employee or 
otherwise discriminate against any employee with respect to the 
employee's compensation, terms, conditions, or privileges of employment 
because the employee (or any person acting pursuant to a request of the 
employee)--
            ``(1) has commenced, has caused to be commenced, or is 
        about to commence or cause to be commenced a proceeding under 
        this Act;
            ``(2) has testified or is about to testify in any 
        proceeding described in paragraph (1); or
            ``(3) has assisted or participated or is about to assist or 
        participate in any manner in--
                    ``(A) any proceeding described in paragraph (1); or
                    ``(B) any other action to carry out the purposes of 
                this Act.
    ``(b) Remedy.--
            ``(1) Filing of complaint.--Any employee who believes that 
        the employee has been discharged or otherwise discriminated 
        against by any person in violation of subsection (a) may, not 
        later than 30 days after the date on which the alleged 
        violation occurs, file (or have any person file on behalf of 
        the employee) a complaint with the Secretary of Labor (referred 
        to in this section as the `Secretary') alleging that discharge 
        or discrimination.
            ``(2) Notification.--On receipt of a complaint filed under 
        paragraph (1), the Secretary shall notify the person named in 
        the complaint of the filing of the complaint.
            ``(3) Investigations.--
                    ``(A) In general.--On receipt of a complaint filed 
                under paragraph (1), the Secretary shall conduct an 
                investigation of the violation alleged in the 
                complaint.
                    ``(B) Results.--Not later than 30 days after the 
                date on which the Secretary receives a complaint filed 
                under paragraph (1), the Secretary shall--
                            ``(i) complete the investigation under 
                        subparagraph (A); and
                            ``(ii) notify in writing the complainant 
                        (and any person acting on behalf of the 
                        complainant) and the person alleged to have 
                        committed the applicable violation of the 
                        results of that investigation.
            ``(4) Orders.--
                    ``(A) In general.--Not later than 90 days after the 
                date on which the Secretary receives a complaint filed 
                under paragraph (1), unless the proceeding on the 
                complaint is terminated by the Secretary on the basis 
                of a settlement entered into by the Secretary and the 
                person alleged to have committed the applicable 
                violation, the Secretary shall issue an order--
                            ``(i) providing the relief described in 
                        paragraph (5); or
                            ``(ii) denying the complaint.
                    ``(B) Notice and opportunity for hearing.--An order 
                of the Secretary under subparagraph (A) shall be made 
                on the record after notice and opportunity for agency 
                hearing.
                    ``(C) Settlements.--The Secretary may not enter 
                into a settlement terminating a proceeding on a 
                complaint filed under paragraph (1) without the 
                participation and consent of the complainant.
            ``(5) Relief.--If, in response to a complaint filed under 
        paragraph (1), the Secretary determines that a violation of 
        subsection (a) has occurred, the Secretary shall issue an 
        order--
                    ``(A) requiring the person who committed the 
                violation--
                            ``(i) to take affirmative action to abate 
                        the violation; and
                            ``(ii) if the complainant was discharged by 
                        the person committing the violation, to 
                        reinstate the complainant to the complainant's 
                        former position, with the compensation 
                        (including back pay), terms, conditions, and 
                        privileges of the complainant's employment; and
                    ``(B) assessing against the person who committed 
                the violation--
                            ``(i) compensatory damages;
                            ``(ii) if appropriate, exemplary damages; 
                        and
                            ``(iii) at the request of the complainant, 
                        a sum equal to the aggregate amount of all 
                        costs and expenses (including attorney's fees) 
                        reasonably incurred, as determined by the 
                        Secretary, by the complainant for, or in 
                        connection with, the bringing of the complaint.
    ``(c) Judicial Review.--
            ``(1) In general.--Any employee or employer adversely 
        affected or aggrieved by an order issued under subsection (b) 
        may obtain review of the order in the court of appeals of the 
        United States for the judicial circuit in which the violation 
        with respect to which the order is issued allegedly occurred.
            ``(2) Petition.--A petition for review under paragraph (1) 
        shall be filed not later than 60 days after the date on which 
        the applicable order is issued under subsection (b).
            ``(3) Applicable law.--Judicial review under paragraph (1) 
        shall be in accordance with chapter 7 of title 5, United States 
        Code.
            ``(4) Exclusive review.--An order of the Secretary with 
        respect to which judicial review may be or may have been 
        obtained under paragraph (1) shall not be subject to judicial 
        review in--
                    ``(A) a criminal proceeding; or
                    ``(B) a civil proceeding under any other provision 
                of law.
    ``(d) Enforcement.--
            ``(1) In general.--If a person fails to comply with an 
        order issued under subsection (b), the Secretary shall bring a 
        civil action in the district court of the United States for the 
        judicial district in which the violation is determined to occur 
        to enforce that order.
            ``(2) Jurisdiction.--In a civil action brought under 
        paragraph (1), a district court of the United States shall have 
        jurisdiction to grant all appropriate relief, including 
        injunctive relief, compensatory damages, and exemplary damages.
    ``(e) Exclusion.--Subsection (a) shall not apply with respect to 
any employee who, acting without direction from the employee's employer 
(or any agent of the employer), deliberately causes a violation of any 
requirement of this Act.''.
                                 &lt;all&gt;
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