,i #aagth ,,congress #ast ,session ,h4 ,r4 #djgi ,,in ,,the ,,house ,,of ,,representatives ,june #bc1 #bjba,mr4 ,blumenauer 7for himself1 ,mr4 ,mc,govern1 ,mr4 ,cartwright1 ,mr4 ,casten1 ,ms4 ,castor of ,florida1 ,ms4 ,chu1 ,mr4 ,cohen1 ,mr4 ,connolly1 ,mr4 ,de,fazio1 ,mr4 ,garca of ,illinois1 ,mr4 ,himes1 ,mr4 ,huffman1 ,ms4 ,kaptur1 ,mr4 ,keating1 ,mr4 ,khanna1 ,ms4 ,kuster1 ,mr4 ,lamb1 ,ms4 ,lee of ,california1 ,mr4 ,levin of ,michigan1 ,mr4 ,lowenthal1 ,ms4 ,mc,collum1 ,mrs4 ,napolitano1 ,ms4 ,newman1 ,ms4 ,norton1 ,ms4 ,pingree1 ,mr4 ,quigley1 ,ms4 ,scanlon1 ,ms4 ,schakowsky1 ,ms4 ,slotkin1 ,mr4 ,smith of ,washington1 ,mr4 ,thompson of ,california1 ,mr4 ,tonko1 ,ms4 ,velzquez1 ,ms4 ,barragn1 ,mr4 ,lieu1 ,ms4 ,meng1 ,mr4 ,takano1 and ,mr4 ,raskin7 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 #bjba4 #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 #bjag 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 ,the ,states of ,connecticut1 ,maryland1 and ,vermont have all passed laws restricting consumer use of neonicotinoids in favor of less toxic alternative products and practices4 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 contaminating ,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 contaminating ,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 7in this section referred to as the ,administrator7 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 protects 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 specified in subsection 7b77#f71 no member of the ,board or any technical advisory panel of such ,board may have a financial or other interest that can reasonably be anticipated to interfere with the impartial and scientific assessment of the information to be considered under subsection 7k77#a77;,a71 such as the acceptance of contributions1 donations1 remunerations1 or grants by the pesticide or agrochemical industry1 or related groups4 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 habitat and making determinations under paragraph 7#b71 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 ,determinations 7,a7 ,in general ,after conducting evaluation procedures1 the ,board shall hold a vote regarding whether registration of the evaluated pesticide under section #c or #d of the ,federal ,insecticide1 ,fungicide1 and ,rodenticide ,act 7#g ,u4,s4,c4 #acf;a7 presents an unacceptable hazard1 based upon the potential to cause harm1 including injury1 illness1 or damage to honey bees1 and other pollinators1 or pollinator habitat4 ,such determination shall be made on the basis of the factors specified in paragraph 7#a77;,a74 ,the registration of an evaluated pesticide shall only be affirmed by a decisive vote of the ,board finding the pesticide does not present an unacceptable hazard-based upon the potential to cause harm1 including injury1 illness1 or damage to honey bees1 and other pollinators1 or pollinator habitat4 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 determination are prohibited from continued sale and use of existing stocks4 7,d7 ,denial of registration ,if a pesticide not yet registered 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 or peer-reviewed scientific literature as posing acute or chronic risks to honey bees or other pollinators4 ,the ,board may collectively evaluate and vote upon pesticides associated with one or more related active ingredients to enhance the efficiency of its review4 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,c7 ,petition ,any person may petition the ,board to prioritize review of one or more pesticides4 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 determination4 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 determination4 #d4 ,urgent regulatory response for honey bee and pollinator protection 7a7 ,in general 7#a7 ,cancellation ,effective on the date of enactment of this subsection-- 7,a7 all active ingredients and pesticide products containing one or more of the active ingredients imidacloprid1 clothianidin1 thiamethoxam1 dinotefuran1 acetamiprid1 sulfoxaflor1 flupyradifurone1 chlorantraniliprole1 or fipronil 7referred to in this subsection as neonicotinoid pesticides7 shall be deemed to generally cause unreasonable adverse effects to the environment2 and 7,b7 notwithstanding any other provision of law1 including section #f7;b7 of the ,federal ,insecticide1 ,fungicide and ,rodenticide ,act1 the registration of all uses of neonicotinoid pesticides shall be immediately and permanently canceled by operation of law and without further proceedings4 7#b7 ,revocation of tolerances and exemptions ,not later than #f months after the date of enactment of this subsection1 the ,administrator of the ,environmental ,protection ,agency 7in this section referred to as the ,administrator7 shall1 in accordance with section #djh7;b77#a77;,b7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cdf;a7b77#a77;,b771 revoke any tolerance or exemption that allows the presence of a neonicotinoid pesticide1 or any pesticide chemical residue that results from neonicotinoid pesticide use1 in or on food4 7b7 ,sale of existing stocks prohibited ,effective on the date of enactment of this subsection1 the continued sale or use of existing stocks of neonicontinoid pesticides shall be prohibited4 7c7 ,no future neonicotinoid registrations ,effective on the date of enactment of this subsection1 the ,administrator may not register any neonicotinoid pesticide under section #d of the ,federal ,insecticide1 ,fungicide and ,rodenticide ,act4 7d7 ,monitoring of native bees ,the ,secretary of the ,interior1 in coordination with the ,administrator 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 ,pollinating ,insects ,research ,units of the ,agricultural ,research ,service of the ,department of ,agriculture1 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 ,secretary 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 7e7 ,exemptions 7#a7 ,in general ,an exemption under section #ah of the ,federal ,insecticide1 ,fungicide1 and ,rodenticide ,act 7#g ,u4,s4,c4 #acfp7 may not be made with respect to the use by a ,federal or ,state agency of a neonicotinoid pesticide unless the ,board established by section #c of this ,act determines by a decisive vote that use of the pesticide is warranted for one of the following reasons-- 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 #dj1 ,code of ,federal ,regulations 7or successor regulations72 7,b7 to quarantine invasive species as described in section #aff4b7;b7 of title #dj1 ,code of ,federal ,regulations 7or successor regulations72 or 7,c7 to protect public health as described in section #aff4b7;c7 of title #dj1 ,code of ,federal ,regulations 7or successor regulations74 7#b7 ,limitations ,if the ,board makes a determination under paragraph 7#a7 with respect to an exemption under section #ah of the ,federal ,insecticide1 ,fungicide1 and ,rodenticide ,act 7#g ,u4,s4,c4 #acfp71 the ,board shall conduct an evaluation of the use of the pesticide pursuant to section #c7k77#a77;,a7 of this ,act not less than once per year4 7#c7 ,renewal ,the ,board shall evaluate all applications for exemptions under section #ah of the ,federal ,insecticide1 ,fungicide1 and ,rodenticide ,act 7#g ,u4,s4,c4 #acfp7 regardless of past ,board approvals for exemptions for that pesticide4 #e4 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out the provisions of this ,act4