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‘‘(2) JURISDICTION.—Any action under this
subsection may be brought in the district court for
the United States for the district in which the viola-
tion is alleged to have occurred, or is occurring, or
in which the defendant resides, or where the defend-
ant’s principal place of business is located, and such
court shall have jurisdiction to restrain such viola-
tion, to require compliance, to assess civil penalties,
to collect any fees owed the United States under this
Act, and to award any other appropriate relief.
‘‘(3) DETERMINATION OF PENALTY.—In deter-
mining the amount of a civil penalty, the court shall
take into account the factors enumerated in sub-
section (c)(3) of this section.
‘‘(4) MINIMUM PENALTY.—The minimum pen-
alty the court must assess under this subsection
upon a determination of liability is the amount of
the economic benefit, if any, resulting from the vio-
lation, where such economic benefit is calculable.
‘‘(e) CRIMINAL PENALTIES.—
‘‘(1) Any person who negligently commits any
act prohibited under section 136j of this title shall,
upon conviction, be punished by a fine of not more
than $25,000 for each day of violation, or by impris-
onment for not more than one year, or both. If the
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conviction is for a violation committed after a first
conviction of such person under this paragraph, the
maximum punishment shall be doubled with respect
to both fine and imprisonment.
‘‘(2) Any person who knowingly commits any
act prohibited under section 136j of this title shall,
upon conviction, be punished by a fine of not more
than $50,000 for each day of violation, or by impris-
onment for not more than 5 years, or both. If the
conviction is for a violation committed after a first
conviction of such person under this paragraph, the
maximum punishment shall be doubled with respect
to both fine and imprisonment.
‘‘(3)(A) Any person who commits any violation
under paragraph (2) of this subsection and in the
course of or in connection with committing such vio-
lation knows at the time that he places another per-
son in imminent danger of death or serious bodily
injury, shall, upon conviction, be punished by a fine
of not more than $250,000 or imprisonment of not
more than 15 years, or both. A person which is an
organization shall, upon conviction of violating this
subparagraph, be subject to a fine of not more than
$1,000,000. If a conviction of a person is for a viola-
tion committed after a first conviction of such per-
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son under this subparagraph, the maximum punish-
ment shall be doubled with respect to both fine and
imprisonment.
‘‘(B) For purposes of this subparagraph—
‘‘(i) the term ‘‘imminent danger’’ means
the existence of a condition or set of conditions
that could reasonably be expected to cause
death or serious bodily injury unless the condi-
tion is remedied; and
‘‘(ii) the term ‘‘serious bodily injury’’
means bodily injury which involves a substantial
risk of death, unconsciousness, extreme physical
pain, protracted and obvious disfigurement, or
protracted loss or impairment of the function of
a bodily member, organ, or mental faculty.
‘‘(4) Notwithstanding any other provision of
law, a court may make the following disposition of
fines imposed under this Title, in addition to pay-
ment, if any, to the United States Treasury:
‘‘(A) Upon recommendation of the United
States, and in accordance with the terms of
such recommendation, the court may pay to an
individual who has given information or services
leading to a criminal conviction under this Title
an amount from the criminal fine assessed as a
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result of any violation of this subchapter not
more than the lesser of one-half the fine im-
posed or $50,000.
‘‘(B) Upon recommendation of the United
States, and in accordance with the terms of
such recommendation, the court may pay to any
State, municipality, or other political subdivi-
sion of a State, which has given significant sup-
port to the prosecution or investigation leading
to a conviction under this title, an amount not
more than one-half of the fine imposed for that
conviction.
‘‘(f) EMERGENCY POWERS.—Notwithstanding any
other provision of this Act, the Administrator, upon re-
ceipt of evidence that a specific use of a pesticide or pes-
ticide device is presenting an imminent and substantial
endangerment to public health or welfare, or the environ-
ment, may request the Attorney General to bring suit on
behalf of the United States in the appropriate United
States district court to immediately restrain any person
using such pesticide or device to stop the activity or to
take such other action as may be necessary, provided that
relief under this subsection does not include suspension
under section 6(c) of the Act and is not available where
the Administrator, in his discretion, determines that a sus-
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pension under section 6(c) is adequate to stop or prevent
the imminent and substantial endangerment. If it is not
practicable to assure prompt protection of public health
or welfare or the environment by commencement of such
civil action, the Administrator may issue such orders as
may be necessary to protect public health or welfare or
the environment. Any order issued by the Administrator
under this section shall be effective upon issuance and
shall remain in effect for a period of not more than 60
days, unless an action is brought pursuant to the first sen-
tence of this section before the expiration of that period.
Whenever such an action is brought within the 60-day pe-
riod, the order shall remain in effect for an additional 14
days or for such longer period as may be authorized by
the court in which such action is brought. Any order is-
sued under this paragraph shall not be subject to judicial
review except during judicial enforcement proceedings
brought by the Attorney General or his delegate. Nothing
herein shall diminish the right of any person subject to
a suspension proceeding under section 6(c) of the Act.’’.
(h) CONTRACTOR LISTING.—Section 32 (7 U.S.C.
136 (z)) is added following section 31—
‘‘SEC. 32. FEDERAL PROCUREMENT.—
‘‘(a) CONTRACTS PROHIBITED WITH CONVICTED
VIOLATORS.—No Federal agency may enter into any con-
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tract, grant, or loan with any person who has been con-
victed of any offense under section 1361 of this title, if
the contract for the procurement of goods, materials, and
services, or the grant or loan is to be performed, in whole
or in any part, at any facility at which the violation which
gave rise to such conviction occurred, and if sucy facility
is owned, operated, leased, or supervised at the time of
the violation by such person. The prohibition in the pre-
ceding sentence shall continue until the Administrator cer-
tifies that the condition giving rise to such conviction has
been corrected.
‘‘(b) NOTIFICATION.—The Administrator shall estab-
lish procedures to provide all Federal agencies with the
notification necessary for the purposes of subsection (a).
‘‘(c) DISCLOSURE.—Each applicant who seeks to par-
ticipate in a Federal contract, grant, or loan shall disclose
any conviction described in subsection (a) to each appro-
priate Federal agency.
‘‘(d) EXEMPTIONS.—The President may exempt any
contract, loan, or grant from all or part of the provisions
of this section where he determines such exemption is nec-
essary in the paramount interest of the United States and
he shall notify the Congress of such exemption.’’.
(i) CITIZEN SUITS.—Section 33 (7 U.S.C. 136aa) is
added following section 32 to read as follows:
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‘‘SEC. 33. CITIZEN SUITS.—
‘‘(a) Except as provided in subsection (b), any person
may commence a civil action on his own behalf—
‘‘(1) against any person (including any govern-
mental instrumentality or agency to the extent per-
mitted by the Eleventh Amendment to the Constitu-
tion) who is alleged to have violated or to be in vio-
lation of any provision of the Act or any rule pro-
mulgated thereunder, except that no such action
may be brought against any agricultural producer
who is alleged to have committed a violation or to
be in violation while engaged in the production of
any agricultural product; or
‘‘(2) against any Federal official where there is
alleged a failure of the Federal official to perform
any act or duty under this Act which is not discre-
tionary with the Federal official.
The district courts shall have jurisdiction, without regard
to the amount in controversy or the citizenship of the par-
ties, to enforce the Act and the regulations promulgated
thereunder, to order any appropriate relief under section
XX of the Act, and to impose any appropriate civil pen-
alties (except for actions under subsection (2)) for viola-
tions of the Act. The district court shall have jurisdiction
in actions brought under subsection (a)(2) against the
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Federal official to order the Federal official to perform
such act or duty.
‘‘(b) No actions may be commenced—
‘‘(1) under subsection (a)(1)—
‘‘(A) prior to 60 days after the plaintiff
has given notice of the violation to the Adminis-
trator, to the State in which the violation oc-
curs, and to any alleged violator; or
‘‘(B) if the Administrator or State with
primary enforcement responsibility under sec-
tion 26 of the Act has commenced and is dili-
gently prosecuting a civil or criminal action in
a court of the United States or a State or a
Federal administrative penalty action to require
compliance with the Act or a regulation promul-
gated thereunder, but in any such civil action
any person may intervene as a matter of right.
‘‘(2) under subsection (a)(2) prior to 60 days
after the plaintiff has given notice of such action to
the Federal official.
Notices under this subsection shall be given in such man-
ner as the Administrator shall prescribe by regulation.
‘‘(c) Any person may request the Administrator or
a State with primary enforcement authority to commence
an action against any agricultural producer who is alleged
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to have violated or to be in violation of any provision of
the Act or any rule promulgated thereunder while engaged
in the production of any agricultural product. A copy of
such a request shall be given to the alleged violator. With-
in 60 days after such request is made to the Administrator
or a State, the Administrator or State shall either—
‘‘(1) commence an action against the alleged vi-
olator;
‘‘(2) provide to the person making the request
a written response that (A) states the Administra-
tor’s or the State’s decision not to take enforcement
action against the alleged violator, and (B) describes
any other action the Administrator or State has
taken or intends to take in connection with the al-
leged violation.
The response of the Administrator or State under sub-
section (c)(2) shall not be subject to judicial review.
‘‘(d) (1) In any action under this section, the United
States may intervene as a matter of right at any time in
the proceeding. A judgment in an action under this section
to which the United States is not a party shall not have
any binding effect upon the United States.
‘‘(2) Whenever any action is brought under this sec-
tion the plaintiff shall serve a copy of the complaint on
the Attorney General of the United States and on the Ad-
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ministrator. No consent judgment shall be entered in an
action brought under this section in which the United
States is not a party prior to 60 days following the receipt
of a copy of the proposed consent judgment by the Attor-
ney General and the Administrator during which time the
Government may submit its comments on the proposed
consent judgment to the court and parties or may inter-
vene as a matter of right. The court shall not approve
a proposed consent judgment that is inappropriate, im-
proper, inadequate, or inconsistent with the purposes or
requirements of the Act, and shall consider any views ex-
pressed by the United States with respect to the consent
judgment.
‘‘(e) The court, in issuing any final order in any ac-
tion brought pursuant to subsection (a) of this section,
may award costs of litigation (including reasonable attor-
ney and expert witness fees) to any prevailing or substan-
tially prevailing party. The court may, if a temporary re-
straining order or preliminary injunction is sought, require
the filing of a bond or equivalent security in accordance
with the Federal Rules of Civil Procedure.
‘‘(f) Nothing in this section shall restrict any right
which any person, or class of persons, may have under
any statute or common law to seek enforcement of any
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requirement or to seek any other relief (including relief
against Federal officials or a State agency).
‘‘(g) Any action under this section shall be brought
in accordance with the provisions of 28 U.S.C. section
1391.’’.
(j) INDIAN TRIBES.—Section 34 (7 U.S.C. 136bb) is
added following section 33 to read as follows:
‘‘SEC. 34. INDIAN TRIBES.
‘‘(1) IN
GENERAL.—The Administrator shall
promulgate regulations to treat Indian tribes in the
manner that States are treated under the Act. Such
treatment shall be authorized only if—
‘‘(A) the Indian tribe is recognized by the
Secretary of the Interior and has a governing
body carrying out appropriate governmental du-
ties and powers; and
‘‘(B) the functions to be exercised by the
Indian tribe are within the area of the tribe’s
jurisdiction.’’.
SEC. 18. WHISTLE BLOWER.
Section 35 (7 U.S.C. 136cc) is added following sec-
tion 34 to read as follows:
‘‘SEC. 35. WHISTLE BLOWER.—
‘‘(a) IN GENERAL.—No employer may discharge any
employee or otherwise discriminate against any employee
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with respect to the employee’s compensation, terms, condi-
tions, or privileges of employment because the employee
(or any persons acting pursuant to a request of the em-
ployee) has—
‘‘(1) commenced, caused to be commenced, or is
about to commence or cause to be commenced a pro-
ceeding under this chapter;
‘‘(2) testified or is about to testify in any such
proceeding; or
‘‘(3) assisted or participated or is about to as-
sist or participate in any manner in such a proceed-
ing or in any other action to carry out the purposes
of this chapter.
‘‘(b) REMEDY.—
‘‘(1) Any employee who believes that the em-
ployee has been discharged or otherwise discrimi-
nated against by any person in violation of sub-
section (a) of this section may, within 30 days after
such alleged violation occurs, file (or have any per-
son file on the employee’s behalf) a complaint with
the Secretary of Labor (hereafter in this section re-
ferred to as the ‘Secretary’) alleging such discharge
or discrimination. Upon receipt of such a complaint,
the Secretary shall notify the person named in the
complaint of the filing of the complaint.
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the Secretary shall order (i) the person who commit-
ted such violation to take affirmative action to abate
the violation, (ii) such person to reinstate the com-
plainant to the complainant’s former position to-
gether with compensation (including back pay)
terms, condition, and privileges of the complainant’s
employment, (iii) compensatory damages, and (iv)
where appropriate, exemplary damages. If such an
order is issued, the Secretary, at the request of the
complainant shall assess against the person against
whom the order is issued a sum equal to the aggre-
gate amount of all costs and expenses (including at-
torney’s fees), reasonably incurred, as determined by
the Secretary, by the complainant for, or in connec-
tion with, the bringing of the complaint upon which
the order was issued.
‘‘(c) REVIEW.—
‘‘(1) Any employee or employer adversely af-
fected or aggrieved by an order issued under sub-
section (b) of this section may obtain review of the
order in the United States court of appeals for the
circuit in which the violation, with respect to which
the order was issued, allegedly occurred. The peti-
tion for review must be filed within 60 days from the
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issuance of the Secretary’s order. Review shall con-
form to chapter 7 of title 5.
‘‘(2) An order of the Secretary, with respect to
which review could have been obtained under para-
graph (1), shall not be subject to judicial review in
any criminal or other civil proceeding.
‘‘(d) ENFORCEMENT.—Whenever a person has failed
to comply with an order issued under subsection (b)(2)
of this section, the Secretary shall file a civil action in
the United States district court for the district in which
the violation was found to occur to enforce such order.
In actions brought under this subsection, the district
courts shall have jurisdiction to grant all appropriate re-
lief, including injunctive relief and compensatory and ex-
emplary damages.
‘‘(e) EXCLUSION.—Subsection (a) of this section
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 chapter.’’.
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