[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5085 Introduced in House (IH)]
<DOC>
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. Watson
Coleman, Mr. Payne, Ms. Norton, Ms. Wexton, Ms. Barragan, 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 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based on outdated science;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