Farmworker Pesticide Safety Act

I 117TH CONGRESS 1ST SESSION H. R. 2313 To amend the Federal Insecticide, Fungicide, and Rodenticide Act to provide for better protection of workers using registered pesticides, and for other purposes. IN THE HOUSE OF REPRESENTATIVES APRIL 1, 2021 Mr. GARAMENDI introduced the following bill; which was referred to the Committee on Agriculture A BILL To amend the Federal Insecticide, Fungicide, and Rodenticide Act to provide for better protection of work- ers using registered pesticides, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Farmworker Pesticide 4 Safety Act’’. 5 VerDate Sep 11 2014 04:15 May 26, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2313.IH H2313 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 2313 IH SEC. 2. PESTICIDE REGISTRATION FUND SET-ASIDES FOR 1 WORKER PROTECTION, PARTNERSHIP 2 GRANTS, AND PESTICIDE SAFETY EDU- 3 CATION. 4 Section 33(c) of the Federal Insecticide, Fungicide, 5 and Rodenticide Act (7 U.S.C. 136w–8(c)) is amended— 6 (1) by amending paragraph (2) to read as fol- 7 lows: 8 ‘‘(2) DEPOSITS IN FUND.—Subject to para- 9 graph (4), the Administrator shall deposit in the 10 Fund— 11 ‘‘(A) fees collected under this section; and 12 ‘‘(B) any amounts collected or otherwise 13 received by the United States for any violation 14 under this Act, including such amounts received 15 as— 16 ‘‘(i) a fine; 17 ‘‘(ii) a civil or criminal penalty; or 18 ‘‘(iii) restitution to the Federal Gov- 19 ernment.’’; 20 (2) by amending paragraph (3)(B) to read as 21 follows: 22 ‘‘(i) IN GENERAL.— 23 ‘‘(I) FISCAL YEARS 2013 24 THROUGH 2020.—For each of fiscal 25 years 2013 through 2020, the Admin- 26 VerDate Sep 11 2014 04:15 May 26, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2313.IH H2313 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 2313 IH istrator shall use approximately 1/17 1 of the amount in the Fund (but not 2 less than $1,000,000) deposited pur- 3 suant to paragraph (2)(A) to enhance 4 scientific and regulatory activities re- 5 lating to worker protection, with an 6 emphasis on field-worker populations 7 in the United States. 8 ‘‘(II) FISCAL YEARS 2021 9 THROUGH 2023.—For each of fiscal 10 years 2021 through 2023, the Admin- 11 istrator shall use for the purpose spec- 12 ified in subclause (I)— 13 ‘‘(aa) approximately 1/17 of 14 the amount (but not less than 15 $1,000,000) deposited in the 16 Fund pursuant to paragraph 17 (2)(A); and 18 ‘‘(bb) 50 percent of the 19 amount deposited in the Fund 20 pursuant to paragraph (2)(B). 21 ‘‘(ii) PARTNERSHIP GRANTS.— 22 ‘‘(I) FISCAL YEARS 2013 23 THROUGH 2020.—Of the amounts de- 24 posited in the Fund pursuant to para- 25 VerDate Sep 11 2014 04:15 May 26, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2313.IH H2313 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 2313 IH graph (2)(A), the Administrator shall 1 use for partnership grants, for each of 2 fiscal years 2013 through 2020, 3 $500,000. 4 ‘‘(II) FISCAL YEARS 2021 5 THROUGH 2023.—For each of fiscal 6 years 2021 through 2023, the Admin- 7 istrator shall use for partnership 8 grants— 9 ‘‘(aa) not less than 10 $500,000 of the amount depos- 11 ited in the Fund pursuant to 12 paragraph (2)(A); and 13 ‘‘(bb) 25 percent of the 14 amount deposited in the Fund 15 pursuant to paragraph (2)(B). 16 ‘‘(iii) PESTICIDE SAFETY EDUCATION 17 PROGRAM.— 18 ‘‘(I) FISCAL YEARS 2013 19 THROUGH 2020.—Of the amounts de- 20 posited in the Fund pursuant to para- 21 graph (2)(A), the Administrator shall 22 use $500,000 for each of fiscal years 23 2013 through 2020 to carry out the 24 pesticide safety education program. 25 VerDate Sep 11 2014 04:15 May 26, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2313.IH H2313 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 2313 IH ‘‘(II) FISCAL YEARS 2021 1 THROUGH 2023.—For each of fiscal 2 years 2021 through 2023, the Admin- 3 istrator shall use to carry out the pes- 4 ticide safety education program— 5 ‘‘(aa) not less than 6 $500,000 of the amount depos- 7 ited in the Fund pursuant to 8 paragraph (2)(A); and 9 ‘‘(bb) 25 percent of the 10 amount deposited in the Fund 11 pursuant to paragraph (2)(B).’’; 12 and 13 (3) in paragraph (4), by amending subpara- 14 graph (A) to read as follows: 15 ‘‘(A) shall be collected and available for ob- 16 ligation— 17 ‘‘(i) in the case of amounts referred to 18 in paragraph (2)(A), only to the extent 19 provided in advance in appropriations Acts; 20 and 21 ‘‘(ii) in the case of amounts referred 22 to in paragraph (2)(B), upon deposit, with- 23 out further appropriation and without fis- 24 cal year limitation.’’. 25 VerDate Sep 11 2014 04:15 May 26, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2313.IH H2313 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 2313 IH SEC. 3. REPORTING REQUIREMENTS. 1 Section 33(k)(2)(O) of the Federal Insecticide, Fun- 2 gicide, and Rodenticide Act (7 U.S.C. 136w–8(k)(2)(O)) 3 is amended— 4 (1) in clause (iii), by striking ‘‘and’’ at the end; 5 (2) in clause (iv), by striking the period at the 6 end and inserting ‘‘; and’’; and 7 (3) by adding at the end the following: 8 ‘‘(v) a comprehensive statement of de- 9 posits into the Fund under subsection 10 (c)(2) and expenditures from the Fund 11 under subsection (c)(3) during the previous 12 fiscal year.’’. 13 SEC. 4. TECHNICAL AND CLARIFYING AMENDMENTS. 14 (a) DEFINITIONS.—Section 2 of the Federal Insecti- 15 cide, Fungicide, and Rodenticide Act (7 U.S.C. 136) is 16 amended— 17 (1) in subsection (hh)(3)— 18 (A) in the matter preceding subparagraph 19 (A), by striking ‘‘substances.’’ and inserting 20 ‘‘substances’’; and 21 (B) in subparagraph (B), by inserting ‘‘, 22 or’’ after ‘‘ammonia volatilization’’; 23 (2) in subsection (i), by inserting ‘‘the District 24 Court for the Northern Mariana Islands’’ after ‘‘the 25 District Court of Guam,’’; and 26 VerDate Sep 11 2014 04:15 May 26, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2313.IH H2313 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 2313 IH (3) in subsection (aa), by striking ‘‘the Trust 1 Territory of the Pacific Islands’’ and inserting ‘‘the 2 Commonwealth of the Northern Mariana Islands’’. 3 (b) RESEARCH AND MONITORING.—Section 20(c) of 4 the Federal Insecticide, Fungicide, and Rodenticide Act 5 (7 U.S.C. 136r(c)) is amended by striking ‘‘incidential 6 pesticide exposure’’ and inserting ‘‘incidental pesticide ex- 7 posure’’. 8 (c) REFUNDS.—Section 33(b)(8)(A) of the Federal 9 Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 10 136w–8(b)(8)(A)) is amended by striking ‘‘25 percent.’’ 11 and inserting ‘‘25 percent’’. 12 (d) EXPENDITURES FROM PESTICIDE REGISTRATION 13 FUND.—Section 33(c)(3)(A) of the Federal Insecticide, 14 Fungicide, and Rodenticide Act (7 U.S.C. 136w– 15 8(c)(3)(A)) is amended by striking ‘‘Subject to subpara- 16 graphs (B) and (C)’’ and inserting ‘‘Subject to subpara- 17 graph (B)’’. 18 SEC. 5. TRANSFER OF FUNDS FROM VIOLATIONS OF FED- 19 ERAL INSECTICIDE, FUNGICIDE, AND 20 RODENTICIDE ACT. 21 The Secretary of the Treasury shall transfer to the 22 Administrator of the Environmental Protection Agency for 23 deposit into the Pesticide Registration Fund pursuant to 24 subparagraph (B) of section 33(c)(2) of the Federal Insec- 25 VerDate Sep 11 2014 04:15 May 26, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2313.IH H2313 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 2313 IH ticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w– 1 8(c)(2)), as amended by section 2, any amounts collected 2 or otherwise received by the United States as fines, civil 3 or criminal penalties, forfeitures of property or assets, or 4 restitution to the Federal Government for any violation 5 under the Federal Insecticide, Fungicide, and Rodenticide 6 Act (7 U.S.C. 136 et seq.). 7 Æ VerDate Sep 11 2014 04:15 May 26, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6301 E:\BILLS\H2313.IH H2313 kjohnson on DSK79L0C42PROD with BILLS