S.Amdt. 3108

SA 3108. Mrs. GILLIBRAND submitted an amendment intended to be
proposed by her to the bill H.R. 2, to provide for the reform and
continuation of agricultural and other programs of the Department of
Agriculture through fiscal year 2023, and for other purposes; which was
ordered to lie on the table; as follows:

At the end of subtitle E of title XII, add the following:

SEC. 125__. URGENT REGULATORY RESPONSE FOR HONEYBEE AND
POLLINATOR PROTECTION.

(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Administrator of the
Environmental Protection Agency (referred to in this section
as the ``Administrator'') shall suspend the registration of
imidacloprid, clothianidin, thiamethoxam, dinotafuran, and
any other members of the nitro group of neonicotinoid
insecticides to the extent that the insecticide is
registered, conditionally or otherwise, under the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et
seq.) for use in seed treatment, soil application, or foliar
treatment on bee-attractive plants, trees, and cereals until
the Administrator has made a determination that the
insecticide will not cause unreasonable adverse effects on
pollinators based on--
(1) an evaluation of the published and peer-reviewed
scientific evidence on whether the use or uses of those
neonicotinoids cause unreasonable adverse effects on
pollinators, including native bees, honeybees, birds, bats,
and other species of beneficial insects; and
(2) a completed field study that--
(A) meets the criteria required by the Administrator; and
(B) evaluates residues, including residue buildup after
repeated annual application, chronic low-dose exposure,
cumulative effects of multiple chemical exposures, and any
other protocol determined to be necessary by the
Administrator to protect managed and native pollinators.
(b) Conditions on Certain Pesticides Registrations.--
Notwithstanding section 3 of the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136a), for purposes
of the protection of honeybees, other pollinators, and
beneficial insects, the Administrator shall not issue any new
registrations, conditional or otherwise, for any seed
treatment, soil application, and foliar treatment on bee-
attractive plants, trees, and cereals under that Act (7
U.S.C. 136 et seq.) until the Administrator has made a
determination under subsection (a), based on an evaluation
under subsection (a)(1) and a completed field study under
subsection (a)(2), with respect to that insecticide.
(c) Monitoring of Native Bees.--The Secretary of the
Interior, in coordination with the Administrator, shall, for
purposes of protecting and ensuring the long-term viability
of native bees and other pollinators of agricultural crops,
horticultural plants, wild plants, and other plants--
(1) regularly monitor the health and population status of
native bees, including the status of native bees in
agricultural and nonagricultural habitats and areas of
ornamental plants, residential areas, and landscaped areas;
(2) identify the scope and likely causes of unusual native
bee mortality; and
(3) beginning not later than 180 days after the date of
enactment of this Act and each year thereafter, submit to
Congress, and make available to the public, a report on the
health and population status described in paragraph (1).
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