I 116TH CONGRESS 1ST SESSION H. R. 1337 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 FEBRUARY 25, 2019 Mr. BLUMENAUER (for himself, Mr. MCGOVERN, Ms. DELAURO, Ms. GABBARD, Mr. HUFFMAN, Ms. KUSTER of New Hampshire, Ms. LEE of California, Mr. LEWIS, Mr. RYAN, Mrs. WATSON COLEMAN, Mr. DEFA- ZIO, Ms. PINGREE, Mr. TONKO, Ms. CASTOR of Florida, Mr. TED LIEU of California, Ms. CLARK of Massachusetts, Ms. HAALAND, Mr. KEATING, Mr. CARTWRIGHT, Ms. JACKSON LEE, Mr. COHEN, Ms. WASSERMAN SCHULTZ, Ms. KAPTUR, Ms. VELA´ZQUEZ, Ms. SCHA- KOWSKY, Mr. CONNOLLY, Mr. RASKIN, Ms. OMAR, and Ms. MCCOLLUM) introduced the following bill; which was referred to the Committee on Ag- riculture 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 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 ‘‘Saving America’s Polli- 4 nators Act of 2019’’. 5 VerDate Sep 11 2014 21:23 Mar 07, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1337.IH H1337 pbinns on DSK79D2C42PROD with BILLS 2 •HR 1337 IH SEC. 2. FINDINGS. 1 Congress finds the following: 2 (1) Pollination services are a vital part of agri- 3 cultural production, valued at over 4 $125,000,000,000 globally. According to a 2014 5 Presidential memorandum, pollinators provide for an 6 annual amount of $24,000,000,000 to the economy 7 of the United States and honey bees account for 8 $15,000,000,000 of such amount. Similarly, polli- 9 nation services of native pollinators, such as bumble- 10 bees, squash bees, and mason bees, contribute over 11 $3,000,000,000 to the United States agricultural 12 economy and are estimated to contribute between 13 $937,000,000 and $2,400,000,000 to the economy 14 of California alone. 15 (2) One-third of food produced in North Amer- 16 ica—including nearly 100 varieties of fruits and 17 vegetables such as almonds, avocados, cranberries, 18 and apples—depends on pollination by bees. 19 (3) Over the past several years, documented in- 20 cidents of colony collapse disorder and other forms 21 of excess bee mortality have been at a record high, 22 with some beekeepers repeatedly losing 100 percent 23 of their operations. The national honey crop re- 24 ported in 2013 was the lowest in many decades. 25 VerDate Sep 11 2014 21:23 Mar 07, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1337.IH H1337 pbinns on DSK79D2C42PROD with BILLS 3 •HR 1337 IH (4) National surveys sponsored by the Federal 1 Government indicates that United States beekeepers 2 lost between 35 and 46 percent of their hives annu- 3 ally between 2012 and 2018. On average, two-thirds 4 of beekeepers experienced loss rates greater than the 5 established acceptable winter mortality rates. 6 (5) According to scientists at the Department 7 of Agriculture, current losses of honey bee colonies 8 are too high to confidently ensure the United States 9 will be able to meet the pollination demands for agri- 10 cultural crops. 11 (6) Native pollinators, such as bumblebees, have 12 also suffered alarming population declines. There are 13 currently more than 40 pollinator species federally 14 listed as threatened or endangered, and most re- 15 cently, the iconic monarch butterfly has declined by 16 90 percent. 17 (7) Scientists have linked the use of a certain 18 class of systemic insecticides, known as neonicotin- 19 oids, to the rapid decline of pollinators and to the 20 deterioration of pollinator health. 21 (8) Neonicotinoids cause sublethal effects, in- 22 cluding impaired foraging and feeding behavior, dis- 23 orientation, weakened immunity, delayed larval de- 24 velopment, and increased susceptibility to viruses, 25 VerDate Sep 11 2014 21:23 Mar 07, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1337.IH H1337 pbinns on DSK79D2C42PROD with BILLS 4 •HR 1337 IH diseases, and parasites. Numerous reports also docu- 1 ment acute, lethal effects from the application of 2 neonicotinoids. 3 (9) Conclusions from a recent global review of 4 the impacts of systemic pesticides, primarily neonico- 5 tinoids, warn that they are causing significant dam- 6 age to a wide range of beneficial invertebrate spe- 7 cies, are a key factor in the decline of bees, and pose 8 a global threat to biodiversity and ecosystem serv- 9 ices. Another recent global review documented high 10 levels of freshwater contamination. 11 (10) Science has demonstrated that a single 12 corn kernel coated with a neonicotinoid is toxic 13 enough to kill a songbird. Peer-reviewed research 14 from the Netherlands has shown that the most se- 15 vere bird population declines occurred in those areas 16 where neonicotinoid pollution was highest. Starlings, 17 tree sparrows, and swallows were among the most 18 affected. 19 (11) In June 2013, over 50,000 bumblebees 20 were killed as a direct result of exposure to a neonic- 21 otinoid applied to linden trees for cosmetic purposes. 22 (12) In February 2014, Eugene, Oregon, voted 23 to ban the use of neonicotinoid pesticides on city 24 property. Similar bans and restrictions have been 25 VerDate Sep 11 2014 21:23 Mar 07, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1337.IH H1337 pbinns on DSK79D2C42PROD with BILLS 5 •HR 1337 IH enacted in Thurston County, Spokane, and Seattle, 1 Washington, Portland, Oregon, Skagway, Alaska, 2 and several other communities across the United 3 States. 4 (13) In June 2014, a Presidential memo- 5 randum established a Pollinator Health Task Force 6 after identifying pollinator decline as a threat to the 7 sustainability of food production systems, the agri- 8 cultural economy, and the health of the environment 9 in the United States. 10 (14) In July 2014, the United States Fish and 11 Wildlife Service announced plans to phase out 12 neonicotinoid pesticides in all national wildlife ref- 13 uges across the United States by January 2016. The 14 United States Fish and Wildlife Service recognized 15 that the prophylactic use of neonicotinoids for agri- 16 cultural purposes harms a wide range of nontarget 17 species and is therefore inconsistent with the man- 18 agement policy of the United States Fish and Wild- 19 life Service. 20 (15) In October 2014, an assessment by the 21 Environmental Protection Agency found that neonic- 22 otinoid seed coatings provide little benefit to overall 23 soybean crop yield. Additional studies determined 24 that in approximately 80 to 90 percent of row crop 25 VerDate Sep 11 2014 21:23 Mar 07, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1337.IH H1337 pbinns on DSK79D2C42PROD with BILLS 6 •HR 1337 IH uses, neonicotinoid coatings are unnecessary. The 1 prophylactic overuse of neonicotinoids violates the 2 fundamental principles of integrated pest manage- 3 ment. 4 (16) In November 2014, the Province of On- 5 tario, Canada, announced the province will move to 6 restrict the use of neonicotinoid-coated corn and soy- 7 bean seeds because of the broad harms from their 8 overuse, with a goal of 80 percent reduction by 9 2017. 10 (17) In September 2015, the Circuit Court of 11 the United States for the Ninth Circuit ruled to re- 12 voke the Environmental Protection Agency’s ap- 13 proval for sulfoxaflor—a neonicotinoid pesticide. 14 (18) In November 2016, Health Canada, the 15 department of the Government of Canada respon- 16 sible for national public health, proposed a ban on 17 almost all outdoor uses of the neonicotinoid 18 imidacloprid, saying it is seeping into Canadian wa- 19 terways at levels that can harm insects and the eco- 20 system. 21 (19) The President’s budget for fiscal year 22 2018 cuts funding for pesticide review programs of 23 the Environmental Protection Agency by 20 percent 24 delaying reviews of new, potentially safer pesticides 25 VerDate Sep 11 2014 21:23 Mar 07, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1337.IH H1337 pbinns on DSK79D2C42PROD with BILLS 7 •HR 1337 IH as well as reviews of older, more dangerous pes- 1 ticides such as neonicotinoids. 2 (20) In 2018, the European Union permanently 3 banned outdoor uses of the neonicotinoids 4 imidacloprid, clothianidin, and thiamethoxam after 5 the European Food Safety Authority confirmed their 6 risks to honey bees and wild bees. 7 (21) In August 2018, Health Canada, proposed 8 a ban on almost all outdoor uses of clothianidin and 9 thiamethoxam similar to the proposed ban on 10 imidacloprid, citing concerns that the chemicals are 11 seeping into Canadian waterways at levels that can 12 harm insects and the ecosystem. 13 (22) Worldwide, insects are experiencing popu- 14 lation declines twice as high as those of vertebrate 15 species, with a rate of local species extinction eight 16 times higher than that of vertebrate species. About 17 one-third of all insect species are threatened with ex- 18 tinction, with 1 percent added every year. Such de- 19 clines result in an annual 2.5 percent loss in bio- 20 mass, which threatens the overall functioning and 21 stability of ecosystems worldwide. 22 (23) Insect biodiversity is essential to the prop- 23 er functioning of ecosystems, and declines are dis- 24 rupting pollination, natural pest control, food re- 25 VerDate Sep 11 2014 21:23 Mar 07, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1337.IH H1337 pbinns on DSK79D2C42PROD with BILLS 8 •HR 1337 IH sources, nutrient recycling, and decomposition serv- 1 ices provided by insects. 2 (24) Major declines in insect populations can be 3 traced to the expansion of intensive, industrial agri- 4 culture, including the systematic and widespread use 5 of insecticides, herbicides, fungicides, and chemical 6 fertilizers. 7 (25) Because insects constitute the world’s 8 most abundant and speciose animal group and pro- 9 vide critical services within ecosystems, such event 10 cannot be ignored and should prompt decisive action 11 to avert a catastrophic collapse of nature’s eco- 12 systems. 13 SEC. 3. ESTABLISHMENT OF A POLLINATOR PROTECTION 14 BOARD. 15 (a) IN GENERAL.—The Administrator of the Envi- 16 ronmental Protection Agency shall establish a Pollinator 17 Protection Board in accordance with the Federal Advisory 18 Committee Act (5 U.S.C. App. 2 et seq.) (hereafter re- 19 ferred to in this section as the ‘‘Board’’) to assist in the 20 development of an independent review process for pes- 21 ticides that pose a threat to pollinators and pollinator 22 habitat, and advise the Administrator on any other aspects 23 of the implementation of this title. 24 VerDate Sep 11 2014 21:23 Mar 07, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1337.IH H1337 pbinns on DSK79D2C42PROD with BILLS 9 •HR 1337 IH (b) COMPOSITION OF THE BOARD.—The Board shall 1 be composed of 15 members without conflicts of interests 2 (as defined in subsection (g) of this Act) of which— 3 (1) 4 shall be scientists with expertise in polli- 4 nators, toxicology, and ecosystems, of which at least 5 1 shall have expertise in native bees; 6 (2) 3 shall be beekeepers— 7 (A) 1 shall be a commercial beekeeper; 8 (B) 1 shall be a chemical-free beekeeper; 9 and 10 (C) 1 shall be a hobby beekeeper; 11 (3) 2 shall be certified organic farmers; 12 (4) 2 shall be non-organic farmers; 13 (5) 3 shall be representatives of environment, 14 conservation, or resource organizations; and 15 (6) 1 shall be a representative of a commercial 16 enterprise that protect bees. 17 (c) APPOINTMENT.—Not later than 180 days after 18 the date of the enactment of this Act, the Administrator 19 shall appoint members of the Board under subsection (b) 20 from nominations received from States, State beekeeping 21 organizations, and other interested persons and organiza- 22 tions. 23 (d) TERM.—A member of the Board shall serve for 24 a term of 5 years except that with respect to initial ap- 25 VerDate Sep 11 2014 21:23 Mar 07, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1337.IH H1337 pbinns on DSK79D2C42PROD with BILLS 10 •HR 1337 IH pointments of the Board, 7 members shall serve for a 4- 1 year term. A member may not serve consecutive terms un- 2 less such member served an original term that was less 3 than 5 years. 4 (e) MEETINGS.—The Administrator shall convene a 5 first meeting of the Board not later than 60 days after 6 the appointment of the members under subsection (c) and 7 shall convene subsequent meetings at least once a year 8 thereafter. 9 (f) COMPENSATION AND EXPENSES.—A member of 10 the Board— 11 (1) shall serve without compensation; and 12 (2) may be allowed travel or transportation ex- 13 penses under section 5703 of title 5, United States 14 Code. 15 (g) CONFLICT OF INTEREST.—Except for the rep- 16 resentative mentioned in section 3(b)(6), no member of the 17 Board or any technical advisory panel of such Board may 18 have a conflict of interest with a registrant as defined in 19 the 7 U.S.C. section 136(y) or a trade association or orga- 20 nization that represents the interests of one or more reg- 21 istrants. 22 (h) CHAIRPERSON.—The Board shall select a Chair- 23 person for the Board. 24 VerDate Sep 11 2014 21:23 Mar 07, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1337.IH H1337 pbinns on DSK79D2C42PROD with BILLS 11 •HR 1337 IH (i) QUORUM.—A majority of the members of the 1 Board shall constitute a quorum for the purpose of con- 2 ducting business. 3 (j) DECISIVE VOTES.—Two-thirds of the votes cast 4 at a meeting of the Board at which a quorum is present 5 shall be decisive of any motion. 6 (k) OTHER TERMS AND CONDITIONS.—The Adminis- 7 trator shall authorize the Board to hire a staff director 8 and shall detail staff of the Environmental Protection 9 Agency or allow for the hiring of staff and may, subject 10 to necessary appropriations, pay necessary expenses in- 11 curred by the Board in carrying out the provisions of this 12 Act, as determined appropriate by the Administrator. 13 (1) IN GENERAL.—The Board shall evaluate 14 pesticides registered and under application for reg- 15 istration for application to plants or plant seeds by 16 the Environmental Protection Agency under sections 17 3 and 4 of the Federal Insecticide, Fungicide, and 18 Rodenticide Act (7 U.S.C. 136a) for their toxicity to 19 pollinators and pollinator habitat, using the fol- 20 lowing evaluation procedures: 21 (A) EVALUATION PROCEDURES.—In evalu- 22 ating pesticides for their toxicity to pollinators 23 and [Text truncated for display. 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