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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4277 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 4277
To direct the Administrator of the Environmental Protection Agency to
take certain actions related to pesticides that may affect pollinators,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 22, 2023
Mr. Blumenauer (for himself and Mr. McGovern) introduced the following
bill; which was referred to the Committee on Agriculture, and in
addition to the Committee on Natural Resources, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To direct the Administrator of the Environmental Protection Agency to
take certain actions related to pesticides that may affect pollinators,
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 ``Saving America's Pollinators Act of
2023''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Pollination services are a vital part of agricultural
production, valued at over $125,000,000,000 globally. According
to a 2014 Presidential memorandum, pollinators provide for an
annual amount of $24,000,000,000 to the economy of the United
States and honey bees account for $15,000,000,000 of such
amount. Similarly, pollination services of native pollinators,
such as bumblebees, squash bees, and mason bees, contribute
over $3,000,000,000 to the United States agricultural economy
and are estimated to contribute between $937,000,000 and
$2,400,000,000 to the economy of California alone.
(2) One-third of food produced in North America, including
nearly 100 varieties of fruits and vegetables such as almonds,
avocados, cranberries, and apples, depends on pollination by
bees.
(3) Documented incidents of colony collapse disorder and
other forms of excess bee mortality have been at a record high,
with some beekeepers repeatedly losing 100 percent of their
operations. National surveys report an 11-year average loss of
39 percent of honey bee colonies, with the 2020-2021 season
representing the highest hive loss on record at over 50
percent.
(4) The national honey crop is down over 29 percent since
2014, and 2021 was the first time in 35 years that honey yield
rates dipped below 50 pounds per hive.
(5) According to scientists at the United States Department
of Agriculture, current losses of honey bee colonies are too
high to confidently ensure the United States will be able to
meet the pollination demands for agricultural crops.
(6) More than one-quarter of North American bumble bees are
facing risk of extinction, while iconic species like the
monarch butterfly and the American bumblebee have declined by
85 percent and 90 percent respectively. More than 70 pollinator
species are listed as threatened or endangered, with the rusty
patched bumble bee, powesheik skipperling, and Dakota skipper
listed within this past decade due, in part, to threats from
pesticides.
(7) Scientists have linked the use of a certain class of
systemic insecticides, known as neonico-tinoids, to the rapid
decline of pollinators and to the deterioration of pollinator
health.
(8) Neonicotinoid pesticides cause sublethal effects,
including impaired foraging and feeding behavior,
disorientation, weakened immunity, delayed larval development,
and increased susceptibility to viruses, diseases, and
parasites. Numerous reports also document acute, lethal effects
from the application of neonicotinoid pesticides.
(9) The overwhelming body of scientific evidence concludes
that systemic pesticides, primarily neonicotinoid pesticides,
are causing significant damage to a wide range of beneficial
invertebrate species, are a key factor in the decline of bees,
lead to high levels of freshwater contamination, and pose a
global threat to ecosystem services.
(10) Both Canada and the European Union have recently moved
to ban outdoor uses of the neonicotinoid pesticides
imidacloprid, clothianidin, and thiamethoxam and restrict its
use as a seed-coating, citing extreme risks to bees, other
insects, the health of waterways, and the overall ecosystem.
(11) Seeds coated with neonicotinoid pesticides are used on
nearly 150 million acres across the country, where they cause
both acute and chronic bee kills, contribute to pollinator
decline, pollute soil and water, and harm wildlife, including
threatened and endangered invertebrate and bird species. This
seed coating is prophylactic, meaning it is used even where it
is not even targeting a specific pest problem. The vast
majority of some commodity crops, such as corn, are grown using
neonicotinoid pesticide-coated seeds.
(12) Studies have shown that ingestion of a single corn
kernel coated with neonicotinoid pesticides using is toxic
enough to kill a songbird, while assessments by the
Environmental Protection Agency have found that neonicotinoid
pesticide seed coatings provide little benefit to overall
soybean crop yield, with other agency studies determining that
seed coatings in approximately 80 to 90 percent of row crop are
unnecessary.
(13) In addition to concerns raised by scientists, Federal
agencies and conservationists, State pesticide regulators have
urged the Environmental Protection Agency to address the
ubiquitous and unregulated use of neonicotinoid pesticide seed
coatings and their harmful impacts. The Association of American
Pesticide Control Organization's State FIFRA Issues Research
and Evaluation Group has raised concern about the adverse
impacts of neonicotinoid pesticide-treated seeds, and has
pushed the Environmental Protection Agency for additional
measures to protect people and the environment from unregulated
use of treated seeds.
(14) In late 2022, the Environmental Protection Agency
denied a legal petition to close a loophole that exempts
neonicotinoid pesticide seed coatings from the pesticide
registration and labeling requirements of the Environmental
Protection Agency that are meant to protect people and the
environment from harm.
(15) In late 2022, the U.S. Court of Appeals for the Ninth
Circuit held that the decision of the Environmental Protection
Agency to allow new uses of the most recently approved
neonicotinoid insecticide, sulfoxaflor, was in violation of the
Endangered Species Act. The EPA's own assessments of
sulfoxaflor had found significant harm to pollinators from
sulfoxaflor.
(16) In 2022, the United States Fish and Wildlife Service
established the Center, with a key task of identifying and
coordinating actions across the agency and with other partners
to reverse pollinator declines.
(17) Insect biodiversity is essential to the proper
functioning of ecosystems, and worldwide declines driven by the
expansion of industrial agriculture and systemic use of
pesticides use are disrupting pollination, natural pest
control, food resources, nutrient recycling, and decomposition
services provided by insects.
(18) Since insects constitute the world's most abundant and
speciose animal group and provide critical ecosystem services,
such event cannot be ignored and should prompt decisive action
to avert a catastrophic collapse of nature's ecosystems.
(19) Neonicotinoid insecticides play an outsized role in
driving pollinator declines in the United States and urgent
action on neonicotinoid insecticides has been recommended by
scientists as a measure that would provide immediate benefit to
restore beleaguered pollinator populations.
SEC. 3. URGENT REGULATORY RESPONSE FOR HONEY BEE AND POLLINATOR
PROTECTION.
(a) In General.--
(1) Cancellation.--Effective on the date of enactment of
this subsection--
(A) neonicotinoid pesticides shall be deemed to
generally cause unreasonable adverse effects to the
environment; and
(B) notwithstanding any other provision of law,
including section 6(b) of the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136(d)), the
registration of all uses of neonicotinoid pesticides
shall be immediately and permanently canceled by
operation of law and without further proceedings.
(2) 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.
(b) Sale of Existing Stocks Prohibited.--Effective on the date of
enactment of this subsection, the continued sale or use of existing
stocks of neonicotinoid pesticides shall be prohibited.
(c) No Future Neonicotinoid Pesticide Registrations.--Effective on
the date of enactment of this subsection, the Administrator may not
register any neonicotinoid pesticide under section 4 of the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a-1).
(d) Treated Seeds No Longer Exempt.--Effective on the date of
enactment of this subsection, the Administrator shall no longer
consider seeds for planting coated with systemic pesticides intended to
kill pests of the plant instead of pests of the seed itself as a
treated article as defined in section 152.25(a) of title 40, Code of
Federal Regulations (or successor regulations).
(e) Exemptions.--
(1) In general.--An exemption under section 18 of the
Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.
136p) may only be made with respect to the use by a Federal or
State agency of a neonicotinoid pesticide--
(A) to--
(i) quarantine invasive species as
described in section 166.2(b) of title 40, Code
of Federal Regulations (or successor
regulations); or
(ii) protect public health as described in
section 166.2(c) of title 40, Code of Federal
Regulations (or successor regulations);
(B) if the relevant agency engages in formal
consultation with the Secretary of the Interior under
section 7(a) of the Endangered Species Act of 1973 (16
U.S.C. 1536(a)); and
(C) if the Secretary of the Interior, acting
through the Director of the Center, approves the
exemption.
(2) Limitations.--If the Administrator, in consultation
with the expert wildlife agencies and Center make a
determination under paragraph (1) with respect to an exemption
under section 18 of the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136p), the exemption shall be for no
more than 6 months at a time. New consultation shall be
required for additional approvals.
SEC. 4. INCREASED COORDINATION WITH CENTER FOR POLLINATOR CONSERVATION.
(a) In General.--The Center shall develop and coordinate the
policies and activities of the United States Fish and Wildlife Service
to conserve pollinators and reverse declines in pollinator populations,
taking into account the widespread use of neonicotinoid pesticides,
other systemic insecticides, and other pesticides, including by
carrying out the following activities:
(1) Take measures to reverse declines in pollinator
populations, including by identifying and addressing threats
faced by pollinators, including the immediate threats presented
by neonicotinoid pesticides, other systemic insecticides, and
other pesticides.
(2) Educate the public regarding the importance of
pollinators.
(3) Coordinate with the National Resource Conservation
Service of the Department of Agriculture to prioritize the
health of pollinators in habitat conservation efforts carried
out by participants in programs carried out by the National
Resource Conservation Service.
(4) Coordinate interagency activities with the
Environmental Protection Agency, the National Marine Fisheries
Service, the Department of Agriculture, and other Federal and
State agencies, as necessary, in carrying out the activities
under this subsection.
(5) Consult with scientists, conservation groups,
beekeepers, organic farmers, and other parties that have a
substantial interest in the protection and conservation of
pollinators, as necessary, in carrying out the activities under
this subsection.
(6) Carry out such other activities as the Secretary of the
Interior determines appropriate.
(b) Consultation.--
(1) In general.--The head of each Federal agency shall
consult with the Director of the Center to ensure that the
conservation and protection of pollinators are taken into
account in the fulfillment of the responsibilities of each such
Federal agency as they relate to pesticides under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) and the
Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.
136 et seq.) and any other applicable law that may affect the
health of pollinators.
(2) Endangered species act of 1973.--The Director of the
United States Fish and Wildlife Service shall consult with the
Director of the Center on all decisions regarding the
preservation of endangered pollinator habitat and the creation
of new such habitat that arise in the context of the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.).
(c) Monitoring of Native Bees.--
(1) In general.--The Center shall, for the purposes of
protecting and ensuring the long-term viability of native bees
and other pollinators, carry out the following activities:
(A) Consult with members of the Pollinating Insect-
Biology, Management, Systematics Research unit of the
Agricultural Research Service of the Department of
Agriculture, taxonomists who survey and identify native
bees, and other pollinator scientists with respect to
the best methods and data collection practices for
monitoring the population status of native bees and
other pollinators.
(B) Monitor the health and population status of
native bees, including the population status of native
bees in agricultural and nonagricultural habitats,
including rural, urban, and suburban areas within each
of the 12 regions depicted as a ``DOI Unified Region''
on the map titled ``USGS Regions Aligned to DOI Unified
Regions'' and dated August 16, 2019.
(C) Track new scientific developments with regard
to the impacts of pesticides on pollinators and publish
an annual report that include policy recommendations to
reduce such impacts.
(D) Identify the scope and likely causes of
incidents of unusual native bee mortality and promote
actions to stop additional such incidents.
(2) Report.--Not later than 180 days after the date of the
enactment of this section, and annually thereafter, the
Director of the Center shall submit to Congress, and make
available to the public on the website of the Center, a report
regarding the health and population status of native bees and
other pollinators.
SEC. 5. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Center.--The term ``Center'' means the Center for
Pollinator Conservation of the United States Fish and Wildlife
Service.
(3) Neonicotinoid pesticide.--The term ``neonicotinoid
pesticide'' means any active ingredient or pesticide product
that contains at least 1 of the active ingredients--
(A) imidacloprid;
(B) clothianidin;
(C) thiamethoxam;
(D) dinotefuran;
(E) acetamiprid;
(F) sulfoxaflor;
(G) flupyradifurone;
(H) chlorantraniliprole; or
(I) fipronil.
(4) Pollinator.--the term ``pollinator'' means--
(A) a species of the class Insecta that move pollen
from one part of a plant to another; and
(B) any other species determined by the Secretary
of the Interior to constitute a pollinator that merits
protection under the provisions of this Act.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act--
(1) $3,000,000 for fiscal year 2024 through 2026;
(2) $4,000,000 for fiscal year 2027 through 2030; and
(3) such sums as are necessary to carry out the provisions
of this Act thereafter.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Agriculture, and in addition to the Committee on Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Agriculture, and in addition to the Committee on Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Nutrition, Foreign Agriculture, and Horticulture.
Referred to the Subcommittee on Conservation, Research, and Biotechnology.
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