,i #aafth ,,congress #ast ,session ,h4 ,r4 #accg ,,in ,,the ,,house ,,of ,,representatives ,february #be1 #bjai ,mr4 ,blumenauer 7for himself1 ,mr4 ,mc,govern1 ,ms4 ,de,lauro1 ,ms4 ,gabbard1 ,mr4 ,huffman1 ,ms4 ,kuster of ,new ,hampshire1 ,ms4 ,lee of ,california1 ,mr4 ,lewis1 ,mr4 ,ryan1 ,mrs4 ,watson ,coleman1 ,mr4 ,de,fazio1 ,ms4 ,pingree1 ,mr4 ,tonko1 ,ms4 ,castor of ,florida1 ,mr4 ,ted ,lieu of ,california1 ,ms4 ,clark of ,massachusetts1 ,ms4 ,haaland1 ,mr4 ,keating1 ,mr4 ,cartwright1 ,ms4 ,jackson ,lee1 ,mr4 ,cohen1 ,ms4 ,wasserman ,schultz1 ,ms4 ,kaptur1 ,ms4 ,velzquez1 ,ms4 ,schakowsky1 ,mr4 ,connolly1 ,mr4 ,raskin1 ,ms4 ,omar1 and ,ms4 ,mc,collum7 introduced the following bill2 which was referred to the ,committee on ,agriculture ,a ,,bill ,to direct the ,administrator of the ,environmental ,protection ,agency to take certain actions related to pesticides that may affect pollinators1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,saving ,america's ,pollinators ,act of #bjai4 #b4 ,findings ,congress finds the following3 7#a7 ,pollination services are a vital part of agricultural production1 valued at over #abe1jjj1jjj1jjj globally4 ,according to a #bjad ,presidential memorandum1 pollinators provide for an annual amount of #bd1jjj1jjj1jjj to the economy of the ,united ,states and honey bees account for #ae1jjj1jjj1jjj of such amount4 ,similarly1 pollination services of native pollinators1 such as bumblebees1 squash bees1 and mason bees1 contribute over #c1jjj1jjj1jjj to the ,united ,states agricultural economy and are estimated to contribute between #icg1jjj1jjj and #b1djj1jjj1jjj to the economy of ,california alone4 7#b7 ,one-third of food produced in ,north ,america--including nearly #ajj varieties of fruits and vegetables such as almonds1 avocados1 cranberries1 and apples--depends on pollination by bees4 7#c7 ,over the past several years1 documented incidents of colony collapse disorder and other forms of excess bee mortality have been at a record high1 with some beekeepers repeatedly losing #ajj percent of their operations4 ,the national honey crop reported in #bjac was the lowest in many decades4 7#d7 ,national surveys sponsored by the ,federal ,government indicates that ,united ,states beekeepers lost between #ce and #df percent of their hives annually between #bjab and #bjah4 ,on average1 two-thirds of beekeepers experienced loss rates greater than the established acceptable winter mortality rates4 7#e7 ,according to scientists at the ,department of ,agriculture1 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 crops4 7#f7 ,native pollinators1 such as bumblebees1 have also suffered alarming population declines4 ,there are currently more than #dj pollinator species federally listed as threatened or endangered1 and most recently1 the iconic monarch butterfly has declined by #ij percent4 7#g7 ,scientists have linked the use of a certain class of systemic insecticides1 known as neonicotinoids1 to the rapid decline of pollinators and to the deterioration of pollinator health4 7#h7 ,neonicotinoids cause sublethal effects1 including impaired foraging and feeding behavior1 disorientation1 weakened immunity1 delayed larval development1 and increased susceptibility to viruses1 diseases1 and parasites4 ,numerous reports also document acute1 lethal effects from the application of neonicotinoids4 7#i7 ,conclusions from a recent global review of the impacts of systemic pesticides1 primarily neonicotinoids1 warn that they are causing significant damage to a wide range of beneficial invertebrate species1 are a key factor in the decline of bees1 and pose a global threat to biodiversity and ecosystem services4 ,another recent global review documented high levels of freshwater contamination4 7#aj7 ,science has demonstrated that a single corn kernel coated with a neonicotinoid is toxic enough to kill a songbird4 ,peer-reviewed research from the ,netherlands has shown that the most severe bird population declines occurred in those areas where neonicotinoid pollution was highest4 ,starlings1 tree sparrows1 and swallows were among the most affected4 7#aa7 ,in ,june #bjac1 over #ej1jjj bumblebees were killed as a direct result of exposure to a neonicotinoid applied to linden trees for cosmetic purposes4 7#ab7 ,in ,february #bjad1 ,eugene1 ,oregon1 voted to ban the use of neonicotinoid pesticides on city property4 ,similar bans and restrictions have been enacted in ,thurston ,county1 ,spokane1 and ,seattle1 ,washington1 ,portland1 ,oregon1 ,skagway1 ,alaska1 and several other communities across the ,united ,states4 7#ac7 ,in ,june #bjad1 a ,presidential memorandum established a ,pollinator ,health ,task ,force after identifying pollinator decline as a threat to the sustainability of food production systems1 the agricultural economy1 and the health of the environment in the ,united ,states4 7#ad7 ,in ,july #bjad1 the ,united ,states ,fish and ,wildlife ,service announced plans to phase out neonicotinoid pesticides in all national wildlife refuges across the ,united ,states by ,january #bjaf4 ,the ,united ,states ,fish and ,wildlife ,service recognized that the prophylactic use of neonicotinoids for agricultural purposes harms a wide range of nontarget species and is therefore inconsistent with the management policy of the ,united ,states ,fish and ,wildlife ,service4 7#ae7 ,in ,october #bjad1 an assessment by the ,environmental ,protection ,agency found that neonicotinoid seed coatings provide little benefit to overall soybean crop yield4 ,additional studies determined that in approximately #hj to #ij percent of row crop uses1 neonicotinoid coatings are unnecessary4 ,the prophylactic overuse of neonicotinoids violates the fundamental principles of integrated pest management4 7#af7 ,in ,november #bjad1 the ,province of ,ontario1 ,canada1 announced the province will move to restrict the use of neonicotinoid-coated corn and soybean seeds because of the broad harms from their overuse1 with a goal of #hj percent reduction by #bjag4 7#ag7 ,in ,september #bjae1 the ,circuit ,court of the ,united ,states for the ,ninth ,circuit ruled to revoke the ,environmental ,protection ,agency's approval for sulfoxaflor--a neonicotinoid pesticide4 7#ah7 ,in ,november #bjaf1 ,health ,canada1 the department of the ,government of ,canada responsible for national public health1 proposed a ban on almost all outdoor uses of the neonicotinoid imidacloprid1 saying it is seeping into ,canadian waterways at levels that can harm insects and the ecosystem4 7#ai7 ,the ,president's budget for fiscal year #bjah cuts funding for pesticide review programs of the ,environmental ,protection ,agency by #bj percent delaying reviews of new1 potentially safer pesticides as well as reviews of older1 more dangerous pesticides such as neonicotinoids4 7#bj7 ,in #bjah1 the ,european ,union permanently banned outdoor uses of the neonicotinoids imidacloprid1 clothianidin1 and thiamethoxam after the ,european ,food ,safety ,authority confirmed their risks to honey bees and wild bees4 7#ba7 ,in ,august #bjah1 ,health ,canada1 proposed a ban on almost all outdoor uses of clothianidin and thiamethoxam similar to the proposed ban on imidacloprid1 citing concerns that the chemicals are seeping into ,canadian waterways at levels that can harm insects and the ecosystem4 7#bb7 ,worldwide1 insects are experiencing population declines twice as high as those of vertebrate species1 with a rate of local species extinction eight times higher than that of vertebrate species4 ,about one-third of all insect species are threatened with extinction1 with #a percent added every year4 ,such declines result in an annual #b4e percent loss in biomass1 which threatens the overall functioning and stability of ecosystems worldwide4 7#bc7 ,insect biodiversity is essential to the proper functioning of ecosystems1 and declines are disrupting pollination1 natural pest control1 food resources1 nutrient recycling1 and decomposition services provided by insects4 7#bd7 ,major declines in insect populations can be traced to the expansion of intensive1 industrial agriculture1 including the systematic and widespread use of insecticides1 herbicides1 fungicides1 and chemical fertilizers4 7#be7 ,because insects constitute the world's most abundant and speciose animal group and provide critical services within ecosystems1 such event cannot be ignored and should prompt decisive action to avert a catastrophic collapse of nature's ecosystems4 #c4 ,establishment of a ,pollinator ,protection ,board 7a7 ,in general ,the ,administrator of the ,environmental ,protection ,agency shall establish a ,pollinator ,protection ,board in accordance with the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app4 #b et seq47 7hereafter referred to in this section as the ,board7 to assist in the development of an independent review process for pesticides that pose a threat to pollinators and pollinator habitat1 and advise the ,administrator on any other aspects of the implementation of this title4 7b7 ,composition of the ,board ,the ,board shall be composed of #ae members without conflicts of interests 7as defined in subsection 7g7 of this ,act7 of which-- 7#a7 #d shall be scientists with expertise in pollinators1 toxicology1 and ecosystems1 of which at least #a shall have expertise in native bees2 7#b7 #c shall be beekeepers-- 7,a7 #a shall be a commercial beekeeper2 7,b7 #a shall be a chemical-free beekeeper2 and 7,c7 #a shall be a hobby beekeeper2 7#c7 #b shall be certified organic farmers2 7#d7 #b shall be non-organic farmers2 7#e7 #c shall be representatives of environment1 conservation1 or resource organizations2 and 7#f7 #a shall be a representative of a commercial enterprise that protect bees4 7c7 ,appointment ,not later than #ahj days after the date of the enactment of this ,act1 the ,administrator shall appoint members of the ,board under subsection 7b7 from nominations received from ,states1 ,state beekeeping organizations1 and other interested persons and organizations4 7d7 ,term ,a member of the ,board shall serve for a term of #e years except that with respect to initial appointments of the ,board1 #g members shall serve for a #d-year term4 ,a member may not serve consecutive terms unless such member served an original term that was less than #e years4 7e7 ,meetings ,the ,administrator shall convene a first meeting of the ,board not later than #fj days after the appointment of the members under subsection 7c7 and shall convene subsequent meetings at least once a year thereafter4 7f7 ,compensation and expenses ,a member of the ,board-- 7#a7 shall serve without compensation2 and 7#b7 may be allowed travel or transportation expenses under section #egjc of title #e1 ,united ,states ,code4 7g7 ,conflict of interest ,except for the representative mentioned in section #c7;b77#f71 no member of the ,board or any technical advisory panel of such ,board may have a conflict of interest with a registrant as defined in the #g ,u4,s4,c4 section #acf7y7 or a trade association or organization that represents the interests of one or more registrants4 7h7 ,chairperson ,the ,board shall select a ,chairperson for the ,board4 7i7 ,quorum ,a majority of the members of the ,board shall constitute a quorum for the purpose of conducting business4 7j7 ,decisive votes ,two-thirds of the votes cast at a meeting of the ,board at which a quorum is present shall be decisive of any motion4 7k7 ,other terms and conditions ,the ,administrator shall authorize the ,board to hire a staff director and shall detail staff of the ,environmental ,protection ,agency or allow for the hiring of staff and may1 subject to necessary appropriations1 pay necessary expenses incurred by the ,board in carrying out the provisions of this ,act1 as determined appropriate by the ,administrator4 7#a7 ,in general ,the ,board shall evaluate pesticides registered and under application for registration for application to plants or plant seeds by the ,environmental ,protection ,agency under sections #c and #d of the ,federal ,insecticide1 ,fungicide1 and ,rodenticide ,act 7#g ,u4,s4,c4 #acf;a7 for their toxicity to pollinators and pollinator habitat1 using the following evaluation procedures3 7,a7 ,evaluation procedures ,in evaluating pesticides for their toxicity to pollinators and pollinator habit1 the ,board shall consider the following3 7i7 ,available information from the ,environmental ,protection ,agency1 ,united ,states ,department of ,agriculture1 ,national ,institute of ,environmental ,health ,studies and such other sources as appropriate1 concerning the potential for adverse effects of a pesticide on pollinator populations or pollinator habitat4 7ii7 ,peer-reviewed scientific literature relating to the impact of a registered pesticide on individual pollinators1 pollinator populations1 overall insect biomass and biodiversity1 and pollinator habitat1 including-- 7,i7 chronic and acute toxicity of a registered pesticide on individual pollinators1 pollinator populations1 and pollinator habitat2 7,,ii7 ecosystem-wide impacts of a pesticide1 including but not limited to secondary non-target impacts and impacts to the trophic food web2 and 7,,iii7 synergistic effects of a pesticide on individual pollinators1 pollinator populations1 overall insect biomass and biodiversity1 and pollinator habitat4 7iii7 ,field studies examining the impact of a pesticide on honey bees and native bees1 including bumblebees and solitary bees4 7iv7 ,alternative products and practices that may be adopted in place of the pesticide under evaluation4 7,b7 ,technical advisory panels ,the ,board shall convene technical advisory panels1 without conflicts of interest1 to provide scientific evaluation of pesticides under paragraph 7#a74 ,such panels may include experts in agronomy1 entomology1 conservation ecology1 health sciences1 toxicology1 and other relevant disciplines4 7#b7 ,recommendations 7,a7 ,in general ,after conducting evaluation procedures1 the ,board shall hold a decisive vote regarding whether to affirm the registration of an evaluated pesticide under section #c or #d of the ,federal ,insecticide1 ,fungicide1 and ,rodenticide ,act 7#g ,u4,s4,c4 #acf;a74 ,the ,administrator of the ,environmental ,protection ,agency shall adopt this recommendation4 7,b7 ,no vote ,if an evaluated pesticide's registration is not affirmed by a decisive vote of the ,board1 the ,administrator shall within #cj days issue a notice of intent to cancel the registration of a pesticide pursuant to section #f of the ,federal ,insecticide1 ,fungicide1 and ,rodenticide ,act 7#g ,u4,s4,c4 #acf;d74 7,c7 ,cancellation ,pesticides subject to cancellation procedures as a result of the ,board's recommendation are prohibited from continued sale and use of existing stocks under section #f7;a77#a7 of the ,federal ,insecticide1 ,fungicide1 and ,rodenticide ,act 7#g ,u4,s4,c4 #acf;d7a77#a774 7,d7 ,denial of registration ,if a pesticide not yet registered pursuant to under section #c or #d of the ,federal ,insecticide1 ,fungicide1 and ,rodenticide ,act 7#g ,u4,s4,c4 #acf;a7 is not affirmed registration by a decisive vote1 the ,administrator shall deny registration under such sections4 7#c7 ,prioritizing reviews 7,a7 ,in general ,the ,board shall establish procedures to evaluate registered pesticides for their harm to pollinators and pollinator habitat1 prioritizing those identified by the ,environmental ,protection ,agency as posing acute risks to honey bees or native bees4 7,b7 ,priority ,the ,board shall review pesticides prior to registration under sections #c and #d of the ,federal ,insecticide1 ,fungicide1 and ,rodenticide ,act 7#g ,u4,s4,c4 #acf;a7 if preliminary data indicates acute or chronic risks to honey bees or other pollinators4 ,such pesticides shall be prioritized by the ,board4 7#d7 ,report ,pesticides not affirmed for registration by a decisive vote of the ,board shall be transmitted to the ,administrator in a formal report4 ,such a report shall outline in detail the ,board's reasoning for its recommendation4 7l7 ,no additions ,the ,administrator may not include exemptions for the use of specific substances or specific uses of substances proposed for cancellation by the ,board4 7m7 ,notice and comment ,before issuing the cancellation1 the ,administrator shall seek public comment on such proposals1 and may adopt standards that are only more restrictive than the ,board's recommendation4 #d4 ,urgent regulatory response for honey bee and pollinator protection 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,administrator of the ,environmental ,protection ,agency shall cancel the registrations of any pesticides containing imidacloprid1 clothianidin1 thiamethoxam1 dinotefuran1 acetamiprid1 sulfoxaflor1 flupyradifurone1 or fipronil to the extent such pesticide is registered1 conditionally or otherwise1 under the ,federal ,insecticide1 ,fungicide1 and ,rodenticide ,act 7#g ,u4,s4,c4 #acf et seq47 for application to plants or plant seeds until the ,pollinator ,protection ,board 7as established under section #c7 has made a determination that such insecticide will not cause unreasonable adverse effects on pollinators based on-- 7#a7 an evaluation of the published and peer-reviewed scientific evidence on whether the use or uses of such neonicotinoids cause unreasonable adverse effects on pollinators1 including native bees1 honey bees1 birds1 bats1 and other species of beneficial insects2 and 7#b7 a completed field study that meets the criteria determined by the ,pollinator ,protection ,board and evaluates residues1 including residue buildup after repeated annual application1 chronic low-dose exposure1 cumulative effects of multiple chemical exposures1 and any other protocol determined to be necessary by the ,pollinator ,protection ,board to protect managed and native pollinators4 7b7 ,conditions on certain pesticides registrations ,notwithstanding section #c of the ,federal ,insecticide1 ,fungicide1 and ,rodenticide ,act 7#g ,u4,s4,c4 #acf;a71 for purposes of the protection of honey bees1 other pollinators1 and beneficial insects1 the ,administrator of the ,environmental ,protection ,agency shall not issue any new registrations1 conditional or otherwise1 for any seed treatment1 soil application1 and foliar treatment on bee-attractive plants1 trees1 and cereals under such ,act until the ,pollinator ,protection ,board 7as established under section #c7 has made the determination described in section #c7;a71 based on an evaluation described in subsection 7a77#a7 and a completed field study described in subsection 7a77#b71 with respect to such insecticide4 7c7 ,monitoring of native bees ,the ,secretary of the ,interior1 in coordination with the ,administrator of the ,environmental ,protection ,agency and the ,secretary of ,agriculture1 shall1 for purposes of protecting and ensuring the long-term viability of native bees and other pollinators of agricultural crops1 horticultural plants1 wild plants1 and other plants-- 7#a7 consult with members of the ,u4,s4 ,department of ,agriculture ,agricultural ,research ,service's ,pollinating ,insects ,research ,units1 the ,pollinator ,protection ,board1 taxonomists who survey and identify native bees1 and other pollinator scientists on the best methods and data collection2 7#b7 annually monitor the health and population status of native bees1 including the status of native bees in agricultural and nonagricultural habitats including rural1 urban1 and suburban areas within each of the twelve unified regions as defined by the ,u4,s4 ,department of the ,interior1 noted on ,u4,s4 ,geological ,survey map dated ,july #bj1 #bjah2 7#c7 identify the scope and likely causes of unusual native bee mortality2 and 7#d7 beginning not later than #ahj days after the date of the enactment of this ,act and each year thereafter1 submit to ,congress1 and make available to the public1 a report on such health and population status4 7d7 ,exemptions ,section #ah of the ,federal ,insecticide1 ,fungicide1 and ,rodenticide ,act 7#g ,u4,s4,c4 #acfp7 shall not apply to this ,act1 except-- 7#a7 in an emergency situation to avert significant risk to threatened or engendered species as described in clauses 7i7 and 7ii7 of section #aff4b7;a77#b7 of title #dj ,code of ,federal ,regulations2 7#b7 to quarantine invasive species as described in section #aff4b7;b7 of title #dj1 ,code of ,federal ,regulations2 or 7#c7 to protect public health as described in section #aff4b7;c7 of title #dj1 ,code of ,federal ,regulations4 #e4 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out the provisions of this ,act4