I 
118TH CONGRESS 
1ST SESSION H. R. 5085 
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 HOUSE OF REPRESENTATIVES 
JULY 28, 2023 
Mr. MCGOVERN (for himself, Mr. KHANNA, Mr. LYNCH, Mr. GRIJALVA, Mr. 
NADLER, Mr. RASKIN, Mr. DESAULNIER, Mr. BLUMENAUER, Mrs. WAT-
SON COLEMAN, Mr. PAYNE, Ms. NORTON, Ms. WEXTON, Ms. BARRAGA´N, 
and Ms. STANSBURY) introduced the following bill; which was referred to 
the Committee on Agriculture 
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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Protect America’s Chil-
dren from Toxic Pesticides Act’’. 
SEC. 2. FINDINGS. 
Congress finds that— 
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(1) the Environmental Protection Agency (re-
ferred 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 envi-
sioned 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that were approved based on outdated science; 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, al-
lowing 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 pes-
ticides through conditional registrations and fre-
quently waives requirements to extend the use of 
conditional registrations prior to completion of com-
prehensive registration; 
(4) the EPA permits the continued sale of po-
tentially dangerous stocks of pesticides after reg-
istration has been canceled, suspended, or otherwise 
voided; 
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(5) the EPA uses emergency exemptions to 
keep pesticides on the market for years without un-
dergoing 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 in-
gredients can account for 99 percent of a pesticide 
product and include carcinogenic and toxic chemi-
cals; 
(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 de-
termined 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 be-
havior and increased susceptibility to viruses, dis-
eases, and parasites; 
(10) exposure to paraquat— 
(A) causes heart failure, kidney failure, 
liver failure, lung scarring, and damage to brain 
cells; and 
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(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 DAN-
GEROUS PESTICIDES. 
(a) DEFINITIONS.— 
(1) IN GENERAL.—Section 2 of the Federal In-
secticide, 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 
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‘‘(2) for a crop or use for which the active in-
gredient or pesticide has not previously been reg-
istered 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 re-
view determination’ means the final decision to 
renew the registration of a pesticide product or ac-
tive 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, reregistra-
tion, or registration review determination, as 
applicable; and 
‘‘(B) in compliance with all applicable laws 
and regulations. 
‘‘(2) EXCLUSION.—The term ‘registration re-
view determination’ does not include any interim de-
termination regarding the continued use of a pes-
ticide product or active ingredient by the Adminis-
trator.’’. 
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(2) CONFORMING AMENDMENTS.— 
(A) Section 2(e)(1) of the Federal Insecti-
cide, 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 In-
secticide, 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 Insec-
ticide, Fungicide, and Rodenticide Act (7 
U.S.C. 136w–8(b)(3)) is amended— 
(i) by striking ‘‘§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.— 
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‘‘(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 ac-
tive ingredient or pesticide product as a dan-
gerous pesticide under this subsection. 
‘‘(B) REVIEW.— On receipt of a petition 
under subparagraph (A), the Administrator 
shall review the petitions submitted by inter-
ested persons under that subparagraph relating 
to that active ingredient or pesticide product to 
determine if the active ingredient or pesticide 
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product may warrant designation as a dan-
gerous 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 ingre-
dient or pesticide product as a dangerous pes-
ticide may be warranted. 
‘‘(B) FAILURE TO REVIEW PETITION.—If 
the Administrator fails make a finding on a pe-
tition 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 find-
ing as to whether a petition provides sub-
stantial scientific information that an ac-
tive ingredient or pesticide product may 
warrant designation as a dangerous pes-
ticide under subparagraph (A), the Admin-
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istrator shall fully consider all relevant evi-
dence, 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 Adminis-
trator shall not discount or ignore informa-
tion 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 regula-
tions). 
‘‘(4) SUSPENSIONS OF PESTICIDE.— 
‘‘(A) IN GENERAL.—Notwithstanding any 
other provision of law, on a finding under para-
graph (3)(A) that an active ingredient or pes-
ticide product may warrant designation as a 
dangerous pesticide, or on operation of para-
graph (3)(B), the Administrator shall imme-
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quired by this subsection by not later than 60 days 
after any deadline described in this subsection— 
‘‘(A) the registration of the active ingre-
dient 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 ingre-
dient or pesticide product shall be prohibited. 
‘‘(7) INAPPLICABILITY
OF
IREDS.—Notwith-
standing any other provision of law, an interim reg-
istration review decision or any other interim deter-
mination with respect to an active ingredient or pes-
ticide 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 
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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 justifica-
tion and rationale for the ban of a pesticide by the 
European Union or a country described in para-
graph (1)(A). 
‘‘(3) CANCELLATION.— 
‘‘(A) IN GENERAL.—Notwithstanding any 
other provision of law, including section 6(b), 
unless the Administrator determines after a re-
view 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 sus-
pended shall be canceled not later than 2 years 
after the date of completion of the review. 
‘‘(B) 
FULL
CONSIDERATION
OF
ALL 
SCIENCE.— 
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‘‘(i) IN
GENERAL.—In determining 
whether the ban of a pesticide by the Eu-
ropean Union or a country described in 
paragraph (1)(A) was clearly erroneous 
under subparagraph (A), the Adminis-
trator shall fully consider all relevant evi-
dence, 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
INFORMA-
TION.—Notwithstanding any requirements 
or criteria under parts 152 and 160 of title 
40, Code of Federal Regulations (or suc-
cessor regulations), the Administrator shall 
not discount, otherwise ignore, or give dis-
proportionately more or less weight to evi-
dence described in clause (i). 
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‘‘(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 deter-
mination for not less than 90 days of public 
comment.’’. 
SEC. 5. ENSURING ACCOUNTABILITY IN CONDITIONAL REG-
ISTRATIONS. 
(a) IN GENERAL.—Section 3(c)(7) of the Federal In-
secticide, 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 REG-
ISTRATIONS.— 
‘‘(i) IN
GENERAL.—Notwithstanding 
any other provision of this subsection or 
section 6(e), the Administrator shall pro-
vide not longer than 2 years for the terms 
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and requirements of any conditional reg-
istration under this paragraph to be met 
by the registrant. 
‘‘(ii) CANCELLATION.—The Adminis-
trator shall cancel a conditional registra-
tion under this paragraph unless the reg-
istrant 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
REG-
ISTRATIONS.—Notwithstanding any other 
provision of law, as of the date of enact-
ment of this clause, each outstanding con-
ditional 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 describ-
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ing the total number of conditional 
registrations under this paragraph 
that were registered during the imme-
diately preceding fiscal year. 
‘‘(II) 
CONTENTS.—A 
report 
under subclause (I) shall include a de-
scription of— 
‘‘(aa) each conditionally reg-
istered pesticide and the condi-
tions 
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 sen-
tence 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 deter-
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mination 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 PES-
TICIDES. 
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 EXIST-
ING 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 sec-
tion or section 3 or 4; or 
‘‘(B) vacated or set aside by judicial de-
cree.’’. 
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 Ad-
ministrator’’ and inserting the following: 
‘‘(a) IN GENERAL.—The Administrator’’; 
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(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 Adminis-
trator shall not grant an emergency exemption under sub-
section (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
PES-
TICIDES.—The Administrator shall not grant an emer-
gency exemption under subsection (a) to use an active in-
gredient 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 exemp-
tion under subsection (a) for any active ingredient or pes-
ticide product that is registered conditionally under sec-
tion 3(c)(7)(A).’’. 
SEC. 8. ADDING TRANSPARENCY FOR INERT INGREDIENTS. 
(a) DEFINITION OF INGREDIENT STATEMENT.—Sec-
tion 2(n) of the Federal Insecticide, Fungicide, and 
Rodenticide Act (7 U.S.C. 136(n)) is amended— 
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(1) by redesignating paragraph (2) as para-
graph (4); and 
(2) by striking paragraph (1) and inserting the 
following: 
‘‘(1) the name and percentage of each active in-
gredient in the pesticide product; 
‘‘(2) the name and percentage of each inert in-
gredient 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 lit-
erature, 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 develop-
mental harm; and’’. 
(b) COMPLETE LIST OF INERT INGREDIENTS.—Sec-
tion 3(c)(9) of the Federal Insecticide, Fungicide, and 
Rodenticide Act (7 U.S.C. 136a(c)(9)) is amended by add-
ing at the end the following: 
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‘‘(E) COMPLETE LIST OF INERT INGREDI-
ENTS.—Notwithstanding any other provision of 
law, the label or labeling required under this 
Act shall provide a complete list of inert ingre-
dients.’’. 
(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.— 
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‘‘(A) CANCELLATION.—Effective on the 
date of enactment of this subsection— 
‘‘(i) 
all 
pesticides 
of 
the 
class 
organophosphate shall be deemed to gen-
erally cause unreasonable adverse effects to 
humans; and 
‘‘(ii) notwithstanding any other provi-
sion of law, including section 6(b), the reg-
istration 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)), re-
voke any tolerance or exemption that allows the 
presence of an organophosphate, or any pes-
ticide chemical residue that results from 
organophosphate use, in or on food. 
‘‘(2) SALE
OF
EXISTING
STOCKS
PROHIB-
ITED.—In accordance with subsection (a)(1), effec-
tive on the date of enactment of this subsection, the 
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continued sale or use of existing stocks of pesticides 
of the class organophosphate shall be prohibited. 
‘‘(3) NO
FUTURE
ORGANOPHOSPHATE
REG-
ISTRATIONS.—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 pes-
ticide canceled under this subsection shall not be eli-
gible 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 pes-
ticide products containing 1 or more of the 
active 
ingredients 
imidacloprid, 
clothianidin, thiamethoxam, dinotefuran, 
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acetamiprid, 
sulfoxaflor, 
and 
flupyradifurone (referred to in this sub-
section as ‘neonicotinoid pesticides’) shall 
be deemed to generally cause unreasonable 
adverse effects to the environment; and 
‘‘(ii) notwithstanding any other provi-
sion of law, including section 6(b), the reg-
istration of all uses of neonicotinoid pes-
ticides shall be immediately and perma-
nently 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)), re-
voke 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
PROHIB-
ITED.—In accordance with subsection (a)(1), effec-
tive on the date of enactment of this subsection, the 
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continued sale or use of existing stocks of 
neonicotinoid pesticides shall be prohibited. 
‘‘(3) NO
FUTURE
NEONICOTINOID
REGISTRA-
TIONS.—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 pes-
ticide 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 gen-
erally cause unreasonable adverse effects to 
humans; and 
‘‘(ii) notwithstanding any other provi-
sion of law, including section 6(b), the reg-
istration of all uses of paraquat shall be 
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immediately and permanently canceled by 
operation of law and without further pro-
ceedings. 
‘‘(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)), re-
voke 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
PROHIB-
ITED.—In accordance with subsection (a)(1), effec-
tive 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 sub-
section, the Administrator may not register any 
paraquat pesticide under section 4. 
‘‘(4) INELIGIBILITY
FOR
EMERGENCY
USE.— 
Notwithstanding any other provision of law, a pes-
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ticide canceled under this section shall not be eligible 
for use under section 18.’’. 
SEC. 12. EMPOWERING COMMUNITIES TO PROTECT THEM-
SELVES FROM PESTICIDES. 
(a) IN GENERAL.—Section 24 of the Federal Insecti-
cide, Fungicide, and Rodenticide Act (7 U.S.C. 136v) is 
amended— 
(1) in subsection (a)— 
(A) by inserting ‘‘, or any political subdivi-
sion 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 sub-
section (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 
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amended by section 8(b)) is amended by adding at the 
end the following: 
‘‘(F) LANGUAGE REQUIREMENTS FOR PES-
TICIDE 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 Protec-
tion Agency. 
‘‘(iii) EDUCATIONAL INFORMATION.— 
The Administrator shall provide edu-
cational information to ensure that all 
users of a pesticide product are aware that 
information is available in alternate lan-
guages.’’. 
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(b) FARMWORKER SAFETY.—The Federal Insecti-
cide, 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 appli-
cator, 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 farm-
worker 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.— 
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‘‘(1) IN GENERAL.—Whenever a farmworker in-
cident occurs, the employer of each affected farm-
worker shall report the incident to the Adminis-
trator. 
‘‘(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 min-
imum, a description of, with respect to each 
farmworker incident— 
‘‘(i) the time and location; 
‘‘(ii) the name of each active ingre-
dient and pesticide product involved; 
‘‘(iii) whether such a pesticide was ap-
plied in accordance with the label instruc-
tions; 
‘‘(iv) the harm that resulted to any af-
fected farmworker; 
‘‘(v) the nature of any medical care 
that was sought by any affected farm-
worker; and 
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‘‘(vi) any other pertinent information. 
‘‘(C) ANONYMOUS
REPORTING.—The Ad-
ministrator shall ensure that the online system 
under subparagraph (A) allows for anonymous 
reporting to protect farmworkers from retalia-
tion. 
‘‘(c) PENALTIES FOR FAILURE TO REPORT.— 
‘‘(1) CIVIL PENALTIES.—An employer described 
in subsection (b)(1) that fails to report a farm-
worker incident shall be fined $1,000 per day begin-
ning on the 8th day after the farmworker incident 
occurs. 
‘‘(2) CRIMINAL PENALTIES.—An employer de-
scribed in subsection (b)(1) that knowingly fails to 
report a farmworker incident, or that otherwise pres-
sures or coerces a farmworker to not report a farm-
worker incident, shall be liable for a criminal penalty 
of up to $100,000, 6 months in prison, or both. 
‘‘(3) REWARDS.—The Administrator shall im-
plement a reward system that a provides monetary 
award of not less than $25,000 per person per farm-
worker incident that leads to the identification of 1 
or more employers that have failed to report a farm-
worker incident. 
‘‘(4) RETALIATION.— 
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‘‘(A) IN GENERAL.—Any person that takes 
punitive action against a farmworker or a per-
son 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 im-
migration 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
FARM-
WORKERS.— 
‘‘(1) IN
GENERAL.—Not later than 15 days 
after the receipt of a report of a farmworker inci-
dent, the Administrator shall transmit a report pre-
pared by the Administrator of the farmworker inci-
dent to— 
‘‘(A) the manufacturer of each involved 
pesticide product; and 
‘‘(B) the manufacturer of each involved ac-
tive ingredient or ingredients. 
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‘‘(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 im-
mediately suspended, pending the review required by 
this section. 
‘‘(3) ASSESSMENTS.— 
‘‘(A) 
PESTICIDE
PRODUCT
MANUFAC-
TURER.—Not later than 60 days after the re-
ceipt of a report of a farmworker incident, the 
manufacturer of the pesticide product shall pro-
vide 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 inci-
dents. 
‘‘(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 ac-
tive ingredient shall provide to the Adminis-
trator an assessment of the farmworker inci-
dent, including whether any changes to the pes-
ticide product or active ingredient are war-
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ranted 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 farm-
worker incident, the Administrator shall 
make a draft determination as to whether 
a change in the label of an involved pes-
ticide product or active ingredient is war-
ranted. 
‘‘(ii) PUBLICATION.—The Adminis-
trator shall publish a determination under 
clause (i) in the Federal Register for a pe-
riod of 30 days for public notice and com-
ment. 
‘‘(B) FINAL DETERMINATION.—Not later 
than 30 days after the close of the public com-
ment described in subparagraph (A)(ii), the Ad-
ministrator shall— 
‘‘(i) make a final determination as to 
whether the label of the pesticide product 
should be changed; and 
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‘‘(ii) publish that final determination 
in the Federal Register. 
‘‘(5) CANCELLATIONS.— 
‘‘(A) FAILURE TO CHANGE LABEL.—Not-
withstanding any other provision of law, includ-
ing section 6(b), if the manufacturer of a pes-
ticide product or active ingredient does not 
change the label of the applicable product in ac-
cordance with a final determination of the Ad-
ministrator under paragraph (4)(B), the pes-
ticide product or active ingredient shall be im-
mediately and permanently canceled by oper-
ation of law and without further proceedings. 
‘‘(B) CANCELLATION
FOR
FAILURE
TO 
COMPLY.—Notwithstanding any other provision 
of law, including section 6(b), if the manufac-
turer of the pesticide product or active ingre-
dient fails to comply with any applicable provi-
sion of this section, the active ingredient and all 
pesticide products containing the active ingre-
dient shall be immediately and permanently 
canceled by operation of law and without fur-
ther proceedings. 
‘‘(e) ACCOUNTING
FOR FARMWORKER INCIDENTS 
DURING REGISTRATION REVIEW.— 
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‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, if a pesticide product or active in-
gredient is responsible for not fewer than 10 farm-
worker incidents of any type, or not fewer than 3 
farmworker incidents resulting in death, and the 
pesticide product or active ingredient has not re-
ceived a final determination regarding a registration 
review during the preceding 15-year period, the Ad-
ministrator shall immediately suspend the pesticide 
product or active ingredient until a final determina-
tion is made regarding the registration review of the 
pesticide. 
‘‘(2) REPORTS.—The Administrator shall— 
‘‘(A) include in a final determination re-
garding the registration review of a pesticide 
the registration of which is suspended under 
paragraph (1) a full and complete report de-
scribing each farmworker incident that has oc-
curred during the period covered by the report; 
and 
‘‘(B)(i) require label changes to prevent 
farmworker incidents from occurring in the fu-
ture; or 
‘‘(ii) explain why no label changes under 
clause (i) are warranted.’’. 
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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, condi-
tions, or privileges of employment because the employee 
(or any person acting pursuant to a request of the em-
ployee)— 
‘‘(1) has commenced, has caused to be com-
menced, or is about to commence or cause to be 
commenced a proceeding under this Act; 
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‘‘(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 para-
graph (1); or 
‘‘(B) any other action to carry out the pur-
poses 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 oc-
curs, 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’) alleg-
ing 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 com-
plaint filed under paragraph (1), the Secretary 
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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 Sec-
retary 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 re-
ceives a complaint filed under paragraph (1), 
unless the proceeding on the complaint is termi-
nated by the Secretary on the basis of a settle-
ment entered into by the Secretary and the per-
son 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. 
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‘‘(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 pro-
ceeding 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 dis-
charged by the person committing the vio-
lation, to reinstate the complainant to the 
complainant’s former position, with the 
compensation (including back pay), terms, 
conditions, and privileges of the complain-
ant’s employment; and 
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‘‘(B) assessing against the person who 
committed the violation— 
‘‘(i) compensatory damages; 
‘‘(ii) if appropriate, exemplary dam-
ages; and 
‘‘(iii) at the request of the complain-
ant, a sum equal to the aggregate amount 
of all costs and expenses (including attor-
ney’s fees) reasonably incurred, as deter-
mined by the Secretary, by the complain-
ant 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). 
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