Farmworker Pesticide Safety Act
Bill: H.R.2313 | Sponsor: Rep. Garamendi, John (D-CA)
Policy area: Environmental Protection

Summary:
Farmworker Pesticide Safety Act
This bill addresses the administration of the Pesticide Registration Fund under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).
Under the bill, any amounts collected for FIFRA violations must be deposited to be used as part of the fund.
The bill prescribes how the fund must be used for FY2021-FY2023, including by instructing the Environmental Protection Agency (EPA) to utilize a certain amount of money from specified parts of the fund for partnership grants, the pesticide safety education program, and scientific and regulatory activities relating to worker protection.
Finally, the bill requires the EPA to include in its annual report a comprehensive statement of fund expenditures and deposits into the fund that come from amounts collected for FIFRA violations.

To amend the Federal Insecticide, Fungicide, and Rodenticide Act to 
 provide for better protection of workers using registered pesticides, 
                        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 ``Farmworker Pesticide Safety Act''.

SEC. 2. PESTICIDE REGISTRATION FUND SET-ASIDES FOR WORKER PROTECTION, 
              PARTNERSHIP GRANTS, AND PESTICIDE SAFETY EDUCATION.

    Section 33(c) of the Federal Insecticide, Fungicide, and 
Rodenticide Act (7 U.S.C. 136w-8(c)) is amended--
            (1) by amending paragraph (2) to read as follows:
            ``(2) Deposits in fund.--Subject to paragraph (4), the 
        Administrator shall deposit in the Fund--
                    ``(A) fees collected under this section; and
                    ``(B) any amounts collected or otherwise received 
                by the United States for any violation under this Act, 
                including such amounts received as--
                            ``(i) a fine;
                            ``(ii) a civil or criminal penalty; or
                            ``(iii) restitution to the Federal 
                        Government.'';
            (2) by amending paragraph (3)(B) to read as follows:
                            ``(i) In general.--
                                    ``(I) Fiscal years 2013 through 
                                2020.--For each of fiscal years 2013 
                                through 2020, the Administrator shall 
                                use approximately 1/17 of the amount in 
                                the Fund (but not less than $1,000,000) 
                                deposited pursuant to paragraph (2)(A) 
                                to enhance scientific and regulatory 
                                activities relating to worker 
                                protection, with an emphasis on field-
                                worker populations in the United 
                                States.
                                    ``(II) Fiscal years 2021 through 
                                2023.--For each of fiscal years 2021 
                                through 2023, the Administrator shall 
                                use for the purpose specified in 
                                subclause (I)--
                                            ``(aa) approximately 1/17 
                                        of the amount (but not less 
                                        than $1,000,000) deposited in 
                                        the Fund pursuant to paragraph 
                                        (2)(A); and
                                            ``(bb) 50 percent of the 
                                        amount deposited in the Fund 
                                        pursuant to paragraph (2)(B).
                            ``(ii) Partnership grants.--
                                    ``(I) Fiscal years 2013 through 
                                2020.--Of the amounts deposited in the 
                                Fund pursuant to paragraph (2)(A), the 
                                Administrator shall use for partnership 
                                grants, for each of fiscal years 2013 
                                through 2020, $500,000.
                                    ``(II) Fiscal years 2021 through 
                                2023.--For each of fiscal years 2021 
                                through 2023, the Administrator shall 
                                use for partnership grants--
                                            ``(aa) not less than 
                                        $500,000 of the amount 
                                        deposited in the Fund pursuant 
                                        to paragraph (2)(A); and
                                            ``(bb) 25 percent of the 
                                        amount deposited in the Fund 
                                        pursuant to paragraph (2)(B).
                            ``(iii) Pesticide safety education 
                        program.--
                                    ``(I) Fiscal years 2013 through 
                                2020.--Of the amounts deposited in the 
                                Fund pursuant to paragraph (2)(A), the 
                                Administrator shall use $500,000 for 
                                each of fiscal years 2013 through 2020 
                                to carry out the pesticide safety 
                                education program.
                                    ``(II) Fiscal years 2021 through 
                                2023.--For each of fiscal years 2021 
                                through 2023, the Administrator shall 
                                use to carry out the pesticide safety 
                                education program--
                                            ``(aa) not less than 
                                        $500,000 of the amount 
                                        deposited in the Fund pursuant 
                                        to paragraph (2)(A); and
                                            ``(bb) 25 percent of the 
                                        amount deposited in the Fund 
                                        pursuant to paragraph 
                                        (2)(B).''; and
            (3) in paragraph (4), by amending subparagraph (A) to read 
        as follows:
                    ``(A) shall be collected and available for 
                obligation--
                            ``(i) in the case of amounts referred to in 
                        paragraph (2)(A), only to the extent provided 
                        in advance in appropriations Acts; and
                            ``(ii) in the case of amounts referred to 
                        in paragraph (2)(B), upon deposit, without 
                        further appropriation and without fiscal year 
                        limitation.''.

SEC. 3. REPORTING REQUIREMENTS.

    Section 33(k)(2)(O) of the Federal Insecticide, Fungicide, and 
Rodenticide Act (7 U.S.C. 136w-8(k)(2)(O)) is amended--
            (1) in clause (iii), by striking ``and'' at the end;
            (2) in clause (iv), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
                            ``(v) a comprehensive statement of deposits 
                        into the Fund under subsection (c)(2) and 
                        expenditures from the Fund under subsection 
                        (c)(3) during the previous fiscal year.''.

SEC. 4. TECHNICAL AND CLARIFYING AMENDMENTS.

    (a) Definitions.--Section 2 of the Federal Insecticide, Fungicide, 
and Rodenticide Act (7 U.S.C. 136) is amended--
            (1) in subsection (hh)(3)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``substances.'' and inserting ``substances''; 
                and
                    (B) in subparagraph (B), by inserting ``, or'' 
                after ``ammonia volatilization'';
            (2) in subsection (i), by inserting ``the District Court 
        for the Northern Mariana Islands'' after ``the District Court 
        of Guam,''; and
            (3) in subsection (aa), by striking ``the Trust Territory 
        of the Pacific Islands'' and inserting ``the Commonwealth of 
        the Northern Mariana Islands''.
    (b) Research and Monitoring.--Section 20(c) of the Federal 
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136r(c)) is 
amended by striking ``incidential pesticide exposure'' and inserting 
``incidental pesticide exposure''.
    (c) Refunds.--Section 33(b)(8)(A) of the Federal Insecticide, 
Fungicide, and Rodenticide Act (7 U.S.C. 136w-8(b)(8)(A)) is amended by 
striking ``25 percent.'' and inserting ``25 percent''.
    (d) Expenditures From Pesticide Registration Fund.--Section 
33(c)(3)(A) of the Federal Insecticide, Fungicide, and Rodenticide Act 
(7 U.S.C. 136w-8(c)(3)(A)) is amended by striking ``Subject to 
subparagraphs (B) and (C)'' and inserting ``Subject to subparagraph 
(B)''.

SEC. 5. TRANSFER OF FUNDS FROM VIOLATIONS OF FEDERAL INSECTICIDE, 
              FUNGICIDE, AND RODENTICIDE ACT.

     The Secretary of the Treasury shall transfer to the Administrator 
of the Environmental Protection Agency for deposit into the Pesticide 
Registration Fund pursuant to subparagraph (B) of section 33(c)(2) of 
the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w-
8(c)(2)), as amended by section 2, any amounts collected or otherwise 
received by the United States as fines, civil or criminal penalties, 
forfeitures of property or assets, or restitution to the Federal 
Government for any violation under the Federal Insecticide, Fungicide, 
and Rodenticide Act (7 U.S.C. 136 et seq.).
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