II 

109TH CONGRESS 

1ST SESSION S. 1619

To amend the Federal Insecticide, Fungicide, and Rodenticide Act to require 

local educational agencies and schools to implement integrated pest management systems to minimize the use of pesticides in schools and to 

provide parents, guardians, and employees with notice of the use of 

pesticides in schools, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 7, 2005

Mr. LAUTENBERG introduced the following bill; which was read twice and 

referred to the Committee on Agriculture, Nutrition, and Forestry 

A BILL

To amend the Federal Insecticide, Fungicide, and 

Rodenticide Act to require local educational agencies and 

schools to implement integrated pest management systems to minimize the use of pesticides in schools and 

to provide parents, guardians, and employees with notice 

of the use of pesticides in schools, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘School Environment 

5 Protection Act of 2005’’. 
2

•S 1619 IS 

1 SEC. 2. FINDINGS. 

2 Congress finds that—

3 (1) in 1992, the National Parent Teacher Asso4 ciation passed a resolution calling for the reduced 

5 use of pesticides in schools and calling on policy6 makers to consider all possible alternatives before 

7 using any pesticides; 

8 (2) the National Education Association and 

9 many other national public interest organizations 

10 have announced support for reducing or eliminating 

11 pesticide use in schools; 

12 (3) childhood cancer is continuing to increase at 

13 the alarming rate of 1 percent per year; 

14 (4) the overall incidence of childhood cancer in15 creased 10 percent between 1974 and 1991, making 

16 cancer the leading cause of childhood death from 

17 disease; 

18 (5) approximately 4,800,000 children in the 

19 United States under the age of 18 have asthma, the 

20 most common chronic illness in children, and the in21 cidence of asthma is on the rise; 

22 (6) children are more susceptible to hazardous 

23 impacts from pesticides than are adults; 

24 (7) numerous scientific studies have linked both 

25 cancer and asthma to pesticide exposure; 
3

•S 1619 IS 

1 (8) the Environmental Protection Agency has 

2 recommended the use of an integrated pest manage3 ment system by local educational agencies, which 

4 emphasizes nonchemical ways of reducing pests, 

5 such as sanitation and maintenance; 

6 (9) integrated pest management— 

7 (A) promotes nonchemical methods of pest 

8 prevention and management using least toxic 

9 pesticides after all other methods have been ex10 hausted; and 

11 (B) requires a notification process by 

12 which each student, parent, guardian, staff 

13 member, and teacher shall be notified of a pes14 ticide application; 

15 (10) parents and guardians have a right to 

16 know that there is an integrated pest management 

17 system in their children’s schools; 

18 (11) an integrated pest management system 

19 provides long-term health and economic benefits; 

20 and 

21 (12) parents and guardians wish to and have a 

22 right to be notified in advance of any use of a pes23 ticide in their children’s schools. 
4

•S 1619 IS 

1 SEC. 3. INTEGRATED PEST MANAGEMENT SYSTEMS FOR 

2 SCHOOLS. 

3 The Federal Insecticide, Fungicide, and Rodenticide 

4 Act is amended—

5 (1) by redesignating sections 34 and 35 (7 

6 U.S.C. 136x, 136y) as sections 35 and 36, respec7 tively; and 

8 (2) by inserting after section 33 (7 U.S.C. 

9 136w–8) the following: 

10 ‘‘SEC. 34. INTEGRATED PEST MANAGEMENT SYSTEMS FOR 

11 SCHOOLS. 

12 ‘‘(a) DEFINITIONS.—In this section: 

13 ‘‘(1) BOARD.—The term ‘Board’ means the Na14 tional School Integrated Pest Management Advisory 

15 Board established under subsection (c). 

16 ‘‘(2) CONTACT PERSON.—The term ‘contact 

17 person’ means an individual who is—

18 ‘‘(A) knowledgeable about integrated pest 

19 management systems; and 

20 ‘‘(B) designated by a local educational 

21 agency as the contact person under subsection 

22 (f). 

23 ‘‘(3) CRACK AND CREVICE TREATMENT.—The 

24 term ‘crack and crevice treatment’ means the appli25 cation of small quantities of a pesticide in a building 

26 into openings such as those commonly found at ex-
5

•S 1619 IS 

1 pansion joints, between levels of construction, and 

2 between equipment and floors. 

3 ‘‘(4) EMERGENCY.—The term ‘emergency’ 

4 means an urgent need to mitigate or eliminate a 

5 pest that threatens the health or safety of a student 

6 or staff member. 

7 ‘‘(5) FUND.—The term ‘Fund’ means the Inte8 grated Pest Management Trust Fund established 

9 under subsection (m). 

10 ‘‘(6) INTEGRATED PEST MANAGEMENT SYS11 TEM.—The term ‘integrated pest management sys12 tem’ means a managed pest control system that—

13 ‘‘(A) eliminates or mitigates economic, 

14 health, and aesthetic damage caused by pests; 

15 ‘‘(B) uses—

16 ‘‘(i) integrated methods; 

17 ‘‘(ii) site or pest inspections; 

18 ‘‘(iii) pest population monitoring; 

19 ‘‘(iv) an evaluation of the need for 

20 pest control; and 

21 ‘‘(v) 1 or more pest control methods, 

22 including sanitation, structural repair, me23 chanical and biological controls, other non24 chemical methods, and (if nontoxic options
6

•S 1619 IS 

1 are unreasonable and have been exhausted) 

2 least toxic pesticides; and 

3 ‘‘(C) minimizes—

4 ‘‘(i) the use of pesticides; and 

5 ‘‘(ii) the risk to human health and the 

6 environment associated with pesticide ap7 plications. 

8 ‘‘(7) LEAST TOXIC PESTICIDES.—

9 ‘‘(A) IN GENERAL.—The term ‘least toxic 

10 pesticides’ means—

11 ‘‘(i) boric acid and disodium 

12 octoborate tetrahydrate; 

13 ‘‘(ii) silica gels; 

14 ‘‘(iii) diatomaceous earth; 

15 ‘‘(iv) nonvolatile insect and rodent 

16 baits in tamper resistant containers or for 

17 crack and crevice treatment only; 

18 ‘‘(v) microbe-based insecticides; 

19 ‘‘(vi) botanical insecticides (not in20 cluding synthetic pyrethroids) without toxic 

21 synergists; 

22 ‘‘(vii) biological, living control agents; 

23 and 

24 ‘‘(viii) materials for which the inert 

25 ingredients are nontoxic and disclosed. 
7

•S 1619 IS 

1 ‘‘(B) EXCLUSIONS.—The term ‘least toxic 

2 pesticides’ does not include a pesticide that is 

3 determined by the Administrator to be an 

4 acutely or moderately toxic pesticide, car5 cinogen, mutagen, teratogen, reproductive toxin, 

6 developmental neurotoxin, endocrine disrupter, 

7 or immune system toxin, and any application of 

8 the pesticide using a broadcast spray, dust, 

9 tenting, fogging, or baseboard spray applica10 tion. 

11 ‘‘(8) LIST.—The term ‘list’ means the list of 

12 least toxic pesticides established under subsection 

13 (d). 

14 ‘‘(9) LOCAL EDUCATIONAL AGENCY.—The term 

15 ‘local educational agency’ has the meaning given the 

16 term in section 14101 of the Elementary and Sec17 ondary Education Act of 1965 (20 U.S.C. 8801). 

18 ‘‘(10) PERSON.—The term ‘person’ means—

19 ‘‘(A) an individual that attends, has chil20 dren enrolled in, works at, or uses a school; 

21 ‘‘(B) a resident of a school district; and 

22 ‘‘(C) any other individual that may be af23 fected by pest management activities of a 

24 school. 
8

•S 1619 IS 

1 ‘‘(11) OFFICIAL.—The term ‘official’ means the 

2 official appointed by the Administrator under sub3 section (e). 

4 ‘‘(12) PESTICIDE.—

5 ‘‘(A) IN GENERAL.—The term ‘pesticide’ 

6 means any substance or mixture of substances, 

7 including herbicides and bait stations, intended 

8 for—

9 ‘‘(i) preventing, destroying, repelling, 

10 or mitigating any pest; 

11 ‘‘(ii) use as a plant regulator, defo12 liant, or desiccant; or 

13 ‘‘(iii) use as a spray adjuvant such as 

14 a wetting agent or adhesive. 

15 ‘‘(B) EXCLUSION.—The term ‘pesticide’ 

16 does not include antimicrobial agents such as 

17 disinfectants or deodorizers used for cleaning 

18 products. 

19 ‘‘(13) SCHOOL.—The term ‘school’ means a 

20 public—

21 ‘‘(A) elementary school (as defined in sec22 tion 14101 of the Elementary and Secondary 

23 Education Act of 1965 (20 U.S.C. 8801)); 

24 ‘‘(B) secondary school (as defined in sec25 tion 14101 of that Act); or 
9

•S 1619 IS 

1 ‘‘(C) kindergarten or nursery school. 

2 ‘‘(14) SCHOOL GROUNDS.—

3 ‘‘(A) IN GENERAL.—The term ‘school 

4 grounds’ means the area outside of the school 

5 buildings controlled, managed, or owned by the 

6 school or school district. 

7 ‘‘(B) INCLUSIONS.—The term ‘school 

8 grounds’ includes a lawn, playground, sports 

9 field, and any other property or facility con10 trolled, managed, or owned by a school. 

11 ‘‘(15) SPACE SPRAYING.—

12 ‘‘(A) IN GENERAL.—The term ‘space 

13 spraying’ means application of a pesticide by 

14 discharge into the air throughout an inside 

15 area. 

16 ‘‘(B) INCLUSION.—The term ‘space spray17 ing’ includes the application of a pesticide using 

18 a broadcast spray, dust, tenting, or fogging. 

19 ‘‘(C) EXCLUSION.—The term ‘space spray20 ing’ does not include crack and crevice treat21 ment. 

22 ‘‘(16) STAFF MEMBER.—

23 ‘‘(A) IN GENERAL.—The term ‘staff mem24 ber’ means an employee of a school or local 

25 educational agency. 
10

•S 1619 IS 

1 ‘‘(B) INCLUSIONS.—The term ‘staff mem2 ber’ includes an administrator, teacher, and 

3 other person that is regularly employed by a 

4 school or local educational agency. 

5 ‘‘(C) EXCLUSIONS.—The term ‘staff mem6 ber’ does not include—

7 ‘‘(i) an employee hired by a school, 

8 local educational agency, or State to apply 

9 a pesticide; or 

10 ‘‘(ii) a person assisting in the applica11 tion of a pesticide. 

12 ‘‘(17) STATE EDUCATIONAL AGENCY.—The 

13 term ‘State educational agency’ has the meaning 

14 given the term in section 14101 of the Elementary 

15 and Secondary Education Act of 1965 (20 U.S.C. 

16 8801).

17 ‘‘(18) UNIVERSAL NOTIFICATION.—The term 

18 ‘universal notification’ means notice provided by a 

19 local educational agency or school to—

20 ‘‘(A) all parents or guardians of children 

21 attending the school; and 

22 ‘‘(B) staff members of the school or local 

23 educational agency. 

24 ‘‘(b) INTEGRATED PEST MANAGEMENT SYSTEMS.—
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•S 1619 IS 

1 ‘‘(1) IN GENERAL.—The Administrator, in con2 sultation with the Secretary of Education, shall es3 tablish a National School Integrated Pest Manage4 ment Advisory System to develop and update uni5 form standards and criteria for implementing inte6 grated pest management systems in schools. 

7 ‘‘(2) IMPLEMENTATION.—Not later than 18 

8 months after the date of enactment of this sub9 section, each local educational agency of a school 

10 district shall develop and implement in each of the 

11 schools in the school district an integrated pest man12 agement system that complies with this section. 

13 ‘‘(3) STATE PROGRAMS.—If, on the date of en14 actment of this section, a State maintains an inte15 grated pest management system that meets the 

16 standards and criteria established under paragraph 

17 (1) (as determined by the Board), a local edu18 cational agency in the State may continue to imple19 ment the system in a school or in the school district 

20 in accordance with paragraph (2). 

21 ‘‘(4) APPLICATION TO SCHOOLS AND SCHOOL

22 GROUNDS.—The requirements of this section that 

23 apply to a school, including the requirement to im24 plement an integrated management system, apply to 
12

•S 1619 IS 

1 pesticide application in a school building and on the 

2 school grounds. 

3 ‘‘(5) APPLICATION OF PESTICIDES WHEN

4 SCHOOLS IN USE.—A school shall prohibit—

5 ‘‘(A) the application of a pesticide when a 

6 school or a school ground is occupied or in use; 

7 or 

8 ‘‘(B) the use of an area or room treated by 

9 a pesticide, other than a least toxic pesticide, 

10 during the 24-hour period beginning at the end 

11 of the treatment. 

12 ‘‘(c) NATIONAL SCHOOL INTEGRATED PEST MAN13 AGEMENT ADVISORY BOARD.—

14 ‘‘(1) IN GENERAL.—The Administrator, in con15 sultation with the Secretary of Education, shall es16 tablish a National School Integrated Pest Manage17 ment Advisory Board to— 

18 ‘‘(A) establish uniform standards and cri19 teria for developing integrated pest manage20 ment systems and policies in schools; 

21 ‘‘(B) develop standards for the use of least 

22 toxic pesticides in schools; and 

23 ‘‘(C) advise the Administrator on any other 

24 aspects of the implementation of this section. 
13

•S 1619 IS 

1 ‘‘(2) COMPOSITION OF BOARD.—The Board 

2 shall be composed of 12 members and include 1 rep3 resentative from each of the following groups: 

4 ‘‘(A) Parents. 

5 ‘‘(B) Public health care professionals. 

6 ‘‘(C) Medical professionals. 

7 ‘‘(D) State integrated pest management 

8 system coordinators. 

9 ‘‘(E) Independent integrated pest manage10 ment specialists that have carried out school in11 tegrated pest management programs. 

12 ‘‘(F) Environmental advocacy groups. 

13 ‘‘(G) Children’s health advocacy groups. 

14 ‘‘(H) Trade organization for pest control 

15 operators. 

16 ‘‘(I) Teachers and staff members. 

17 ‘‘(J) School maintenance staff. 

18 ‘‘(K) School administrators. 

19 ‘‘(L) School board members. 

20 ‘‘(3) APPOINTMENT.—Not later than 180 days 

21 after the date of enactment of this section, the Ad22 ministrator shall appoint members of the Board 

23 from nominations received from Parent Teacher As24 sociations, school districts, States, and other inter25 ested persons and organizations. 
14

•S 1619 IS 

1 ‘‘(4) TERM.—

2 ‘‘(A) IN GENERAL.—A member of the 

3 Board shall serve for a term of 5 years, except 

4 that the Administrator may shorten the terms 

5 of the original members of the Board in order 

6 to provide for a staggered term of appointment 

7 for all members of the Board. 

8 ‘‘(B) CONSECUTIVE TERMS.—Subject to 

9 subparagraph (C), a member of the Board shall 

10 not serve consecutive terms unless the term of 

11 the member has been reduced by the Adminis12 trator. 

13 ‘‘(C) MAXIMUM TERM.—In no event may a 

14 member of the Board serve for more than 6 

15 consecutive years. 

16 ‘‘(5) MEETINGS.—The Administrator shall con17 vene— 

18 ‘‘(A) an initial meeting of the Board not 

19 later than 60 days after the appointment of the 

20 members; and 

21 ‘‘(B) subsequent meetings on a periodic 

22 basis, but not less often than 2 times each year. 

23 ‘‘(6) COMPENSATION.—A member of the Board 

24 shall serve without compensation, but may be reim25 bursed by the Administrator for expenses (in accord-
15

•S 1619 IS 

1 ance with section 5703 of title 5, United States 

2 Code) incurred in performing duties as a member of 

3 the Board. 

4 ‘‘(7) CHAIRPERSON.—The Board shall select a 

5 Chairperson for the Board. 

6 ‘‘(8) QUORUM.—A majority of the members of 

7 the Board shall constitute a quorum for the purpose 

8 of conducting business. 

9 ‘‘(9) DECISIVE VOTES.—Two-thirds of the votes 

10 cast at a meeting of the Board at which a quorum 

11 is present shall be decisive for any motion. 

12 ‘‘(10) ADMINISTRATION.—The Administrator— 

13 ‘‘(A) shall— 

14 ‘‘(i) authorize the Board to hire a 

15 staff director; and

16 ‘‘(ii) detail staff of the Environmental 

17 Protection Agency, or allow for the hiring 

18 of staff for the Board; and 

19 ‘‘(B) subject to the availability of appro20 priations, may pay necessary expenses incurred 

21 by the Board in carrying out this subtitle, as 

22 determined appropriate by the Administrator. 

23 ‘‘(11) RESPONSIBILITIES OF THE BOARD.—
16

•S 1619 IS 

1 ‘‘(A) IN GENERAL.—The Board shall pro2 vide recommendations to the Administrator re3 garding the implementation of this section. 

4 ‘‘(B) LIST OF LEAST TOXIC PESTICIDES.—

5 Not later than 1 year after the initial meeting 

6 of the Board, the Board shall— 

7 ‘‘(i) review implementation of this sec8 tion (including use of least toxic pes9 ticides); and 

10 ‘‘(ii) review and make recommenda11 tions to the Administrator with respect to 

12 new proposed active and inert ingredients 

13 or proposed amendments to the list in ac14 cordance with subsection (d). 

15 ‘‘(C) TECHNICAL ADVISORY PANELS.—

16 ‘‘(i) IN GENERAL.—The Board shall 

17 convene technical advisory panels to pro18 vide scientific evaluations of the materials 

19 considered for inclusion on the list. 

20 ‘‘(ii) COMPOSITION.—A panel de21 scribed in clause (i) shall include experts 

22 on integrated pest management, children’s 

23 health, entomology, health sciences, and 

24 other relevant disciplines. 

25 ‘‘(D) SPECIAL REVIEW.—
17

•S 1619 IS 

1 ‘‘(i) IN GENERAL.—Not later than 2 

2 years after the initial meeting of the 

3 Board, the Board shall review, with the as4 sistance of a technical advisory panel, pes5 ticides used in school buildings and on 

6 school grounds for their acute toxicity and 

7 chronic effects, including cancer, 

8 mutations, birth defects, reproductive dys9 function, neurological and immune system 

10 effects, and endocrine system disruption. 

11 ‘‘(ii) DETERMINATION.—The Board— 

12 ‘‘(I) shall determine whether the 

13 use of pesticides described in clause 

14 (i) may endanger the health of chil15 dren; and 

16 ‘‘(II) may recommend to the Ad17 ministrator restrictions on pesticide 

18 use in school buildings and on school 

19 grounds. 

20 ‘‘(12) REQUIREMENTS.—In establishing the 

21 proposed list, the Board shall—

22 ‘‘(A) review available information from the 

23 Environmental Protection Agency, the National 

24 Institute of Environmental Health Studies, 

25 medical and scientific literature, and such other 
18

•S 1619 IS 

1 sources as appropriate, concerning the potential 

2 for adverse human and environmental effects of 

3 substances considered for inclusion in the pro4 posed list; and 

5 ‘‘(B) cooperate with manufacturers of sub6 stances considered for inclusion in the proposed 

7 list to obtain a complete list of ingredients and 

8 determine that such substances contain inert 

9 ingredients that are generally recognized as 

10 safe. 

11 ‘‘(13) PETITIONS.—The Board shall establish 

12 procedures under which individuals may petition the 

13 Board for the purpose of evaluating substances for 

14 inclusion on the list. 

15 ‘‘(14) PERIODIC REVIEW.—

16 ‘‘(A) IN GENERAL.—The Board shall re17 view each substance included on the list at least 

18 once during each 5-year period beginning on— 

19 ‘‘(i) the date that the substance was 

20 initially included on the list; or 

21 ‘‘(ii) the date of the last review of the 

22 substance under this subsection. 

23 ‘‘(B) SUBMISSION TO ADMINISTRATOR.—

24 The Board shall submit the results of a review 

25 under subparagraph (A) to the Administrator 
19

•S 1619 IS 

1 with a recommendation as to whether the sub2 stance should continue to be included on the 

3 list. 

4 ‘‘(15) CONFIDENTIALITY.—Any business sen5 sitive material obtained by the Board in carrying out 

6 this section shall be treated as confidential business 

7 information by the Board and shall not be released 

8 to the public. 

9 ‘‘(d) LIST OF LEAST TOXIC PESTICIDES; PESTICIDE

10 REVIEW.—

11 ‘‘(1) IN GENERAL.—The Board shall rec12 ommend to the Administrator a list of least toxic 

13 pesticides (including the pesticides described in sub14 section (a)(7)) that may be used as least toxic pes15 ticides, any restrictions on the use of the listed pes16 ticides, and any recommendations regarding restric17 tions on all other pesticides, in accordance with this 

18 section. 

19 ‘‘(2) PROCEDURE FOR EVALUATING PESTICIDE

20 USE.—

21 ‘‘(A) LIST OF LEAST TOXIC PESTICIDES.—

22 ‘‘(i) IN GENERAL.—The Administrator 

23 shall establish a list of least toxic pes24 ticides that may be used in school build25 ings and on school grounds, including any 
20

•S 1619 IS 

1 restrictions on the use of the pesticides, 

2 that is based on the list prepared by the 

3 Board. 

4 ‘‘(ii) REGULATORY REVIEW.—The Ad5 ministrator shall initiate regulatory review 

6 of all other pesticides recommended for re7 striction by the Board. 

8 ‘‘(B) RECOMMENDATIONS.—Not later than 

9 1 year after receiving the proposed list and re10 strictions, and recommended restrictions on all 

11 other pesticides from the Board, the Adminis12 trator shall—

13 ‘‘(i) publish the proposed list and re14 strictions and all other proposed pesticide 

15 restrictions in the Federal Register and

16 seek public comment on the proposed pro17 posals; and 

18 ‘‘(ii) after evaluating all comments re19 ceived concerning the proposed list and re20 strictions, but not later than 1 year after 

21 the close of the period during which public 

22 comments are accepted, publish the final 

23 list and restrictions in the Federal Reg24 ister, together with a discussion of com25 ments received.
21

•S 1619 IS 

1 ‘‘(C) FINDINGS.—Not later than 2 years 

2 after publication of the final list and restric3 tions, the Administrator shall make a deter4 mination and issue findings on whether use of 

5 registered pesticides in school buildings and on 

6 school grounds may endanger the health of chil7 dren. 

8 ‘‘(D) NOTICE AND COMMENT.—

9 ‘‘(i) IN GENERAL.—Prior to estab10 lishing or making amendments to the list, 

11 the Administrator shall publish the pro12 posed list or any proposed amendments to 

13 the list in the Federal Register and seek 

14 public comment on the proposals. 

15 ‘‘(ii) RECOMMENDATIONS.—The Ad16 ministrator shall include in any publication 

17 described in clause (i) any changes or 

18 amendments to the proposed list that are 

19 recommended to and by the Administrator. 

20 ‘‘(E) PUBLICATION OF LIST.—After evalu21 ating all comments received concerning the pro22 posed list or proposed amendments to the list, 

23 the Administrator shall publish the final list in 

24 the Federal Register, together with a descrip25 tion of comments received. 
22

•S 1619 IS 

1 ‘‘(e) OFFICE OF PESTICIDE PROGRAMS.—

2 ‘‘(1) ESTABLISHMENT.—The Administrator 

3 shall appoint an official for school pest management 

4 within the Office of Pesticide Programs of the Envi5 ronmental Protection Agency to coordinate the de6 velopment and implementation of integrated pest 

7 management systems in schools. 

8 ‘‘(2) DUTIES.—The official shall—

9 ‘‘(A) coordinate the development of school 

10 integrated pest management systems and poli11 cies; 

12 ‘‘(B) consult with schools concerning—

13 ‘‘(i) issues related to the integrated 

14 pest management systems of schools; 

15 ‘‘(ii) the use of least toxic pesticides; 

16 and 

17 ‘‘(iii) the registration of pesticides, 

18 and amendments to the registrations, as 

19 the registrations and amendments relate to 

20 the use of integrated pest management 

21 systems in schools; and 

22 ‘‘(C) support and provide technical assist23 ance to the Board. 

24 ‘‘(f) CONTACT PERSON.—
23

•S 1619 IS 

1 ‘‘(1) IN GENERAL.—Each local educational 

2 agency of a school district shall designate a contact 

3 person for carrying out an integrated pest manage4 ment system in schools in the school district. 

5 ‘‘(2) DUTIES.—The contact person of a school 

6 district shall—

7 ‘‘(A) maintain information about pesticide 

8 applications inside and outside schools within 

9 the school district, in school buildings, and on 

10 school grounds; 

11 ‘‘(B) act as a contact for inquiries about 

12 the integrated pest management system; 

13 ‘‘(C) maintain material safety data sheets 

14 and labels for all pesticides that may be used in 

15 the school district; 

16 ‘‘(D) be informed of Federal and State 

17 chemical health and safety information and con18 tact information; 

19 ‘‘(E) maintain scheduling of all pesticide 

20 usage for schools in the school district; 

21 ‘‘(F) maintain contact with Federal and 

22 State integrated pest management system ex23 perts; and 
24

•S 1619 IS 

1 ‘‘(G) obtain periodic updates and training 

2 from State integrated pest management system 

3 experts. 

4 ‘‘(3) PESTICIDE USE DATA.—A local edu5 cational agency of a school district shall—

6 ‘‘(A) maintain all pesticide use data for 

7 each school in the school district; and 

8 ‘‘(B) on request, make the data available 

9 to the public for review. 

10 ‘‘(g) NOTICE OF INTEGRATED PEST MANAGEMENT

11 SYSTEM.—

12 ‘‘(1) IN GENERAL.—At the beginning of each 

13 school year, each local educational agency or school 

14 of a school district shall include a notice of the inte15 grated pest management system of the school dis16 trict in school calendars or other forms of universal 

17 notification. 

18 ‘‘(2) CONTENTS.—The notice shall include a de19 scription of—

20 ‘‘(A) the integrated pest management sys21 tem of the school district; 

22 ‘‘(B) any pesticide (including any least 

23 toxic pesticide) or bait station that may be used 

24 in a school building or on a school ground as 

25 part of the integrated pest management system; 
25

•S 1619 IS 

1 ‘‘(C) the name, address, and telephone 

2 number of the contact person of the school dis3 trict; 

4 ‘‘(D) a statement that—

5 ‘‘(i) the contact person maintains the 

6 product label and material safety data 

7 sheet of each pesticide (including each 

8 least toxic pesticide) and bait station that 

9 may be used by a school in buildings or on 

10 school grounds; 

11 ‘‘(ii) the label and data sheet is avail12 able for review by a parent, guardian, staff 

13 member, or student attending the school; 

14 and 

15 ‘‘(iii) the contact person is available to 

16 parents, guardians, and staff members for 

17 information and comment; and

18 ‘‘(E) the time and place of any meetings 

19 that will be held under subsection (g)(1). 

20 ‘‘(3) USE OF PESTICIDES.—A local educational 

21 agency or school may use a pesticide during a school 

22 year only if the use of the pesticide has been dis23 closed in the notice required under paragraph (1) at 

24 the beginning of the school year.
26

•S 1619 IS 

1 ‘‘(4) NEW EMPLOYEES AND STUDENTS.—After 

2 the beginning of each school year, a local educational 

3 agency or school of a school district shall provide the 

4 notice required under this subsection to—

5 ‘‘(A) each new staff member who is em6 ployed during the school year; and 

7 ‘‘(B) the parent or guardian of each new 

8 student enrolled during the school year. 

9 ‘‘(h) USE OF PESTICIDES.—

10 ‘‘(1) IN GENERAL.—If a local educational agen11 cy or school determines that a pest in the school or 

12 on school grounds cannot be controlled after having 

13 used the integrated pest management system of the 

14 school or school district and least toxic pesticides, 

15 the school may use a pesticide (other than space 

16 spraying of the pesticide) to control the pest in ac17 cordance with this subsection. 

18 ‘‘(2) PRIOR NOTIFICATION OF PARENTS, 

19 GUARDIANS, AND STAFF MEMBERS.—

20 ‘‘(A) IN GENERAL.—Subject to paragraphs 

21 (4) and (5), not less than 72 hours before a 

22 pesticide (other than a least toxic pesticide) is 

23 used by a school, the school shall provide to a 

24 parent or guardian of each student enrolled at 
27

•S 1619 IS 

1 the school and each staff member of the school, 

2 notice that includes—

3 ‘‘(i) the common name, trade name, 

4 and Environmental Protection Agency reg5 istration number of the pesticide; 

6 ‘‘(ii) a description of the location of 

7 the application of the pesticide; 

8 ‘‘(iii) a description of the date and 

9 time of application, except that, in the case 

10 of outdoor pesticide applications, 1 notice 

11 shall include 3 dates, in chronological 

12 order, that the outdoor pesticide applica13 tions may take place if the preceding date 

14 is canceled; 

15 ‘‘(iv) a statement that The Office of 

16 Pesticide Programs of the United States 

17 Environmental Protection Agency has stat18 ed: ‘Where possible, persons who poten19 tially are sensitive, such as pregnant 

20 women and infants (less than 2 years old), 

21 should avoid any unnecessary pesticide ex22 posure.’; 

23 ‘‘(v) a description of potential adverse 

24 effects of the pesticide based on the mate25 rial safety data sheet of the pesticide; 
28

•S 1619 IS 

1 ‘‘(vi) a description of the reasons for 

2 the application of the pesticide; 

3 ‘‘(vii) the name and telephone number 

4 of the contact person of the school district; 

5 and 

6 ‘‘(viii) any additional warning infor7 mation related to the pesticide. 

8 ‘‘(B) METHOD OF NOTIFICATION.—The 

9 school may provide the notice required by sub10 paragraph (A) by—

11 ‘‘(i) written notice sent home with the 

12 student and provided to the staff member; 

13 ‘‘(ii) a telephone call; 

14 ‘‘(iii) direct contact; or 

15 ‘‘(iv) written notice mailed at least 1 

16 week before the application. 

17 ‘‘(C) REISSUANCE.—If the date of the ap18 plication of the pesticide needs to be extended 

19 beyond the period required for notice under this 

20 paragraph, the school shall reissue the notice 

21 under this paragraph for the new date of appli22 cation. 

23 ‘‘(3) POSTING OF SIGNS.—

24 ‘‘(A) IN GENERAL.—Subject to paragraphs 

25 (4) and (5), at least 72 hours before a pesticide 
29

•S 1619 IS 

1 (other than a least toxic pesticide) is used by a 

2 school, the school shall post a sign that provides 

3 notice of the application of the pesticide— 

4 ‘‘(i) in a prominent place that is in or 

5 adjacent to the location to be treated; and 

6 ‘‘(ii) at each entrance to the building 

7 or school ground to be treated. 

8 ‘‘(B) ADMINISTRATION.—A sign required 

9 under subparagraph (A) for the application of 

10 a pesticide shall—

11 ‘‘(i) remain posted for at least 72 

12 hours after the end of the treatment; 

‘‘(ii) be at least 81 13 ⁄2 inches by 11 

14 inches; and 

15 ‘‘(iii) state the same information as 

16 that required for prior notification of the 

17 application under paragraph (2).

18 ‘‘(C) OUTDOOR PESTICIDE APPLICA19 TIONS.—

20 ‘‘(i) IN GENERAL.—In the case of out21 door pesticide applications, each sign shall 

22 include 3 dates, in chronological order, 

23 that the outdoor pesticide application may 

24 take place if the preceding date is canceled 

25 due to weather. 
30

•S 1619 IS 

1 ‘‘(ii) DURATION OF POSTING.—A sign 

2 described in clause (i) shall be posted after 

3 an outdoor pesticide application in accord4 ance with subparagraph (B). 

5 ‘‘(4) ADMINISTRATION.—

6 ‘‘(A) APPLICATORS.—Paragraphs (2) and 

7 (3) shall apply to any person that applies a pes8 ticide in a school or on a school ground, includ9 ing a custodian, staff member, or commercial 

10 applicator. 

11 ‘‘(B) TIME OF YEAR.—Paragraphs (2) and 

12 (3) shall apply to a school—

13 ‘‘(i) during the school year; and 

14 ‘‘(ii) during holidays and the summer 

15 months, if the school is in use, with notice 

16 provided to all staff members and the par17 ents or guardians of the students that are 

18 using the school in an authorized manner. 

19 ‘‘(5) EMERGENCIES.—

20 ‘‘(A) IN GENERAL.—A school may apply a 

21 pesticide (other than a least toxic pesticide) in 

22 the school or on school grounds without com23 plying with paragraphs (2) and (3) in an emer24 gency, subject to subparagraph (B).
31

•S 1619 IS 

1 ‘‘(B) SUBSEQUENT NOTIFICATION OF PAR2 ENTS, GUARDIANS, AND STAFF MEMBERS.—Not 

3 later than the earlier of the time that is 24 

4 hours after a school applies a pesticide under 

5 this paragraph or on the morning of the next 

6 school day, the school shall provide to each par7 ent or guardian of a student enrolled at the 

8 school, and staff member of the school, notice 

9 of the application of the pesticide for emergency 

10 pest control that includes—

11 ‘‘(i) the information required for a no12 tice under paragraph (2)(A); 

13 ‘‘(ii) a description of the problem and 

14 the factors that qualified the problem as 

15 an emergency that threatened the health or 

16 safety of a student or staff member; and 

17 ‘‘(iii) a description of the steps the 

18 school will take in the future to avoid 

19 emergency application of a pesticide under 

20 this paragraph. 

21 ‘‘(C) METHOD OF NOTIFICATION.—The 

22 school may provide the notice required by sub23 paragraph (B) by—

24 ‘‘(i) written notice sent home with the 

25 student and provided to the staff member; 
32

•S 1619 IS 

1 ‘‘(ii) a telephone call; or 

2 ‘‘(iii) direct contact. 

3 ‘‘(D) POSTING OF SIGNS.—A school apply4 ing a pesticide under this paragraph shall post 

5 a sign warning of the pesticide application in 

6 accordance with paragraph (3). 

7 ‘‘(E) MODIFICATION OF INTEGRATED PEST

8 MANAGEMENT PLANS.—If a school in a school 

9 district applies a pesticide under this para10 graph, the local educational agency of the 

11 school district shall modify the integrated pest 

12 management plan of the school district to mini13 mize the future applications of pesticides under 

14 this paragraph. 

15 ‘‘(6) DRIFT OF PESTICIDES ONTO SCHOOL

16 GROUND.—Each local educational agency, State pes17 ticide lead agency, and the Administrator are en18 couraged to—

19 ‘‘(A) identify sources of pesticides that 

20 drift from treated land to school grounds of the 

21 educational agency; and 

22 ‘‘(B) take steps necessary to create an in23 door and outdoor school environment that are 

24 protected from pesticides described in subpara25 graph (A). 
33

•S 1619 IS 

1 ‘‘(i) MEETINGS.—

2 ‘‘(1) IN GENERAL.—Before the beginning of a 

3 school year, at the beginning of each new calendar 

4 year, and at a regularly scheduled meeting of a 

5 school board, each local educational agency shall 

6 provide an opportunity for the contact person des7 ignated under subsection (d) to receive and address 

8 public comments regarding the integrated pest man9 agement system of the school district. 

10 ‘‘(2) EMERGENCY MEETINGS.—An emergency 

11 meeting of a school board to address a pesticide ap12 plication may be called under locally appropriate 

13 procedures for convening emergency meetings. 

14 ‘‘(j) INVESTIGATIONS AND ORDERS.—

15 ‘‘(1) IN GENERAL.—Not later than 60 days 

16 after receiving a complaint of a violation of this sec17 tion, the Administrator shall—

18 ‘‘(A) conduct an investigation of the com19 plaint; 

20 ‘‘(B) determine whether it is reasonable to 

21 believe the complaint has merit; and 

22 ‘‘(C) notify the complainant and the per23 son alleged to have committed the violation of 

24 the findings of the Administrator. 
34

•S 1619 IS 

1 ‘‘(2) PRELIMINARY ORDER.—If the Adminis2 trator determines it is reasonable to believe a viola3 tion occurred, the Administrator shall issue a pre4 liminary order (that includes findings) to impose the 

5 penalty described in subsection (j). 

6 ‘‘(3) OBJECTIONS TO PRELIMINARY ORDER.—

7 ‘‘(A) IN GENERAL.—Not later than 30 

8 days after the preliminary order is issued under 

9 paragraph (2), the complainant and the person 

10 alleged to have committed the violation may—

11 ‘‘(i) file objections to the preliminary 

12 order (including findings); and 

13 ‘‘(ii) request a hearing on the record. 

14 ‘‘(B) FINAL ORDER.—If a hearing is not 

15 requested within 30 days after the preliminary

16 order is issued, the preliminary order shall be 

17 final and not subject to judicial review. 

18 ‘‘(4) HEARING.—A hearing under this sub19 section shall be conducted expeditiously. 

20 ‘‘(5) FINAL ORDER.—Not later than 120 days 

21 after the end of the hearing, the Administrator shall 

22 issue a final order. 

23 ‘‘(6) SETTLEMENT AGREEMENT.—Before the 

24 final order is issued, the proceeding may be termi25 nated by a settlement agreement, which shall remain 
35

•S 1619 IS 

1 open, entered into by the Administrator, the com2 plainant, and the person alleged to have committed 

3 the violation. 

4 ‘‘(7) COSTS.—

5 ‘‘(A) IN GENERAL.—If the Administrator 

6 issues a final order against a school or school 

7 district for violation of this section and the 

8 complainant requests, the Administrator may 

9 assess against the person against whom the 

10 order is issued the costs (including attorney’s 

11 fees) reasonably incurred by the complainant in 

12 bringing the complaint. 

13 ‘‘(B) AMOUNT.—The Administrator shall 

14 determine the amount of the costs that were 

15 reasonably incurred by the complainant. 

16 ‘‘(8) JUDICIAL REVIEW AND VENUE.—

17 ‘‘(A) IN GENERAL.—A person adversely af18 fected by an order issued after a hearing under 

19 this subsection may file a petition for review 

20 not later than 60 days after the date that the 

21 order is issued, in a district court of the United 

22 States or other United States court for any dis23 trict in which a local educational agency or 

24 school is found, resides, or transacts business.
36

•S 1619 IS 

1 ‘‘(B) TIMING.—The review shall be heard 

2 and decided expeditiously. 

3 ‘‘(C) COLLATERAL REVIEW.—An order of 

4 the Administrator subject to review under this 

5 paragraph shall not be subject to judicial review 

6 in a criminal or other civil proceeding. 

7 ‘‘(k) CIVIL PENALTY.—

8 ‘‘(1) IN GENERAL.—Any local educational agen9 cy, school, or person that violates this section may 

10 be assessed a civil penalty by the Administrator 

11 under subsections (h) and (i), respectively, of not 

12 more than $10,000 for each offense. 

13 ‘‘(2) TRANSFER TO TRUST FUND.—Except as 

14 provided in subsection (i)(4)(B), civil penalties col15 lected under paragraph (1) shall be deposited in the 

16 Fund. 

17 ‘‘(l) INTEGRATED PEST MANAGEMENT TRUST

18 FUND.—

19 ‘‘(1) ESTABLISHMENT.—There is established in 

20 the Treasury of the United States a trust fund to 

21 be known as the ‘Integrated Pest Management 

22 Trust Fund’, consisting of—

23 ‘‘(A) amounts deposited in the Fund under 

24 subsection (j)(2); 
37

•S 1619 IS 

1 ‘‘(B) amounts transferred to the Secretary 

2 of the Treasury for deposit into the Fund under 

3 paragraph (5); and 

4 ‘‘(C) any interest earned on investment of 

5 amounts in the Fund under paragraph (3). 

6 ‘‘(2) EXPENDITURES FROM FUND.—

7 ‘‘(A) IN GENERAL.—Subject to subpara8 graph (B), on request by the Administrator, the 

9 Secretary of the Treasury shall transfer from 

10 the Fund to the Administrator, without further 

11 appropriation, such amounts as the Secretary 

12 determines are necessary to provide funds to 

13 each State educational agency of a State, in 

14 proportion to the amount of civil penalties col15 lected in the State under subsection (j)(1), to 

16 carry out education, training, propagation, and 

17 development activities under integrated pest 

18 management systems of schools in the State to 

19 remedy the harmful effects of actions taken by 

20 the persons that paid the civil penalties. 

21 ‘‘(B) ADMINISTRATIVE EXPENSES.—An 

22 amount not to exceed 6 percent of the amounts 

23 in the Fund shall be available for each fiscal 

24 year to pay the administrative expenses nec25 essary to carry out this subsection. 
38

•S 1619 IS 

1 ‘‘(3) INVESTMENT OF AMOUNTS.—

2 ‘‘(A) IN GENERAL.—The Secretary of the 

3 Treasury shall invest such portion of the Fund 

4 as is not, in the judgment of the Secretary of 

5 the Treasury, required to meet current with6 drawals. Investments may be made only in in7 terest-bearing obligations of the United States. 

8 ‘‘(B) ACQUISITION OF OBLIGATIONS.—For 

9 the purpose of investments under subparagraph 

10 (A), obligations may be acquired—

11 ‘‘(i) on original issue at the issue 

12 price; or 

13 ‘‘(ii) by purchase of outstanding obli14 gations at the market price. 

15 ‘‘(C) SALE OF OBLIGATIONS.—Any obliga16 tion acquired by the Fund may be sold by the 

17 Secretary of the Treasury at the market price.

18 ‘‘(D) CREDITS TO FUND.—The interest on, 

19 and the proceeds from the sale or redemption 

20 of, any obligations held in the Fund shall be 

21 credited to and form a part of the Fund. 

22 ‘‘(4) TRANSFERS OF AMOUNTS.—

23 ‘‘(A) IN GENERAL.—The amounts required 

24 to be transferred to the Fund under this sub25 section shall be transferred at least monthly 
39

•S 1619 IS 

1 from the general fund of the Treasury to the 

2 Fund on the basis of estimates made by the 

3 Secretary of the Treasury. 

4 ‘‘(B) ADJUSTMENTS.—Proper adjustment 

5 shall be made in amounts subsequently trans6 ferred to the extent prior estimates were in ex7 cess of or less than the amounts required to be 

8 transferred. 

9 ‘‘(5) ACCEPTANCE AND USE OF DONATIONS.—

10 The Secretary may accept and use donations to 

11 carry out paragraph (2)(A). Amounts received by 

12 the Secretary in the form of donations shall be 

13 transferred to the Secretary of the Treasury for de14 posit into the Fund. 

15 ‘‘(m) EMPLOYEE PROTECTION.—

16 ‘‘(1) IN GENERAL.—No local educational agen17 cy, school, or person may harass, prosecute, hold lia18 ble, or discriminate against any employee or other 

19 person because the employee or other person—

20 ‘‘(A) is assisting or demonstrating an in21 tent to assist in achieving compliance with this 

22 section (including any regulation); 

23 ‘‘(B) is refusing to violate or assist in the 

24 violation of this section (including any regula25 tion); or 
40

•S 1619 IS 

1 ‘‘(C) has commenced, caused to be com2 menced, or is about to commence a proceeding, 

3 has testified or is about to testify at a pro4 ceeding, or has assisted or participated or is 

5 about to participate in any manner in such a 

6 proceeding or in any other action to carry out 

7 this section. 

8 ‘‘(2) COMPLAINTS.—Not later than 1 year after 

9 an alleged violation occurred, an employee or other 

10 person alleging a violation of this section, or another 

11 person at the request of the employee, may file a 

12 complaint with the Administrator. 

13 ‘‘(3) REMEDIAL ACTION.—If the Administrator 

14 decides, on the basis of a complaint, that a local 

15 educational agency, school, or person violated para16 graph (1), the Administrator shall order the local 

17 educational agency, school, or person to—

18 ‘‘(A) take affirmative action to abate the 

19 violation; 

20 ‘‘(B) reinstate the complainant to the 

21 former position with the same pay and terms 

22 and privileges of employment; and 

23 ‘‘(C) pay compensatory damages, including 

24 back pay. 

25 ‘‘(n) GRANTS.—
41

•S 1619 IS 

1 ‘‘(1) IN GENERAL.—The Administrator, in con2 sultation with the Secretary of Education, shall pro3 vide grants to local educational agencies to develop 

4 and implement integrated pest management systems 

5 in schools in the school district of the local edu6 cational agencies. 

7 ‘‘(2) AMOUNT.—The amount of a grant pro8 vided to a local educational agency of a school dis9 trict under paragraph (1) shall be based on the ratio 

10 that the number of students enrolled in schools in 

11 the school district bears to the total number of stu12 dents enrolled in schools in all school districts in the 

13 United States. 

14 ‘‘(o) RELATIONSHIP TO STATE AND LOCAL REQUIRE15 MENTS.—This section (including regulations promulgated 

16 under this section) shall not preempt requirements im17 posed on local educational agencies and schools related to

18 the use of integrated pest management by State or local 

19 law (including regulations) that are more stringent than 

20 the requirements imposed under this section. 

21 ‘‘(p) REGULATIONS.—Subject to subsection (m), the 

22 Administrator shall promulgate such regulations as are 

23 necessary to carry out this section. 

24 ‘‘(q) RESTRICTION ON PESTICIDE USE.—Not later 

25 than 6 years after the date of enactment of this section, 
42

•S 1619 IS 

1 no pesticide, other than a pesticide that is defined as a 

2 least toxic pesticide under this subsection, shall be used 

3 in a school or on school grounds unless the Administrator 

4 has met the deadlines and requirements of this section. 

5 ‘‘(r) AUTHORIZATION OF APPROPRIATIONS.—There 

6 are authorized to be appropriated to carry out this section 

7 $7,000,000 for each of fiscal years 2006 through 2010.’’.

8 SEC. 4. CONFORMING AMENDMENT. 

9 The table of contents in section 1(b) of the Federal 

10 Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 

11 prec. 121) is amended by striking the items relating to 

12 sections 34 and 35 and inserting the following:

‘‘Sec. 34. Integrated pest management systems for schools. 

‘‘(a) Definitions. 

‘‘(1) Board. 

‘‘(2) Contact person. 

‘‘(3) Crack and crevice treatment. 

‘‘(4) Emergency. 

‘‘(5) Fund. 

‘‘(6) Integrated pest management system. 

‘‘(7) Least toxic pesticides. 

‘‘(8) List. 

‘‘(9) Local educational agency. 

‘‘(10) Official. 

‘‘(11) Person. 

‘‘(12) Pesticide. 

‘‘(13) School. 

‘‘(14) School ground. 

‘‘(15) Space spraying. 

‘‘(16) Staff member. 

‘‘(17) State educational agency. 

‘‘(18) Universal notification. 

‘‘(b) Integrated pest management systems. 

‘‘(1) In general. 

‘‘(2) Implementation. 

‘‘(3) State programs. 

‘‘(4) Application to schools and school grounds. 

‘‘(5) Application of pesticides when schools in use. 

‘‘(c) National School Integrated Pest Management Advisory Board. 

‘‘(1) In general. 

‘‘(2) Composition of Board. 
43

•S 1619 IS 

‘‘(3) Appointment. 

‘‘(4) Term. 

‘‘(5) Meetings. 

‘‘(6) Compensation. 

‘‘(7) Chairperson. 

‘‘(8) Quorum. 

‘‘(9) Decisive votes. 

‘‘(10) Administration. 

‘‘(11) Responsibilities of the Board. 

‘‘(12) Requirements. 

‘‘(13) Petitions. 

‘‘(14) Periodic review. 

‘‘(15) Confidentiality. 

‘‘(d) List of Least Toxic Pesticides. 

‘‘(1) In general. 

‘‘(2) Procedure for evaluating pesticide use. 

‘‘(e) Office of Pesticide Programs. 

‘‘(1) Establishment. 

‘‘(2) Duties. 

‘‘(f) Contact person. 

‘‘(1) In general. 

‘‘(2) Duties. 

‘‘(3) Pesticide use data. 

‘‘(g) Notice of Integrated Pest Management System. 

‘‘(1) In general. 

‘‘(2) Contents. 

‘‘(3) Use of pesticides. 

‘‘(4) New employees and students. 

‘‘(h) Use of pesticides. 

‘‘(1) In general. 

‘‘(2) Prior notification of parents, guardians, and staff members. 

‘‘(3) Posting of signs. 

‘‘(4) Administration. 

‘‘(5) Emergencies. 

‘‘(6) Drift of pesticides onto school ground. 

‘‘(i) Meetings. 

‘‘(1) In general. 

‘‘(2) Emergency meetings. 

‘‘(j) Investigations and orders. 

‘‘(1) In general. 

‘‘(2) Preliminary order. 

‘‘(3) Objections to preliminary order. 

‘‘(4) Hearing. 

‘‘(5) Final order. 

‘‘(6) Settlement agreement. 

‘‘(7) Costs. 

‘‘(8) Judicial review and venue. 

‘‘(k) Civil penalty. 

‘‘(1) In general. 

‘‘(2) Transfer to Trust Fund. 

‘‘(l) Integrated Pest Management Trust Fund. 

‘‘(1) Establishment. 

‘‘(2) Expenditures from Fund. 

‘‘(3) Investment of amounts. 

‘‘(4) Transfers of amounts. 
44

•S 1619 IS 

‘‘(5) Acceptance and use of donations. 

‘‘(m) Employee protection. 

‘‘(1) In general. 

‘‘(2) Complaints. 

‘‘(3) Remedial action. 

‘‘(n) Grants. 

‘‘(1) In general. 

‘‘(2) Amount. 

‘‘(o) Relationship to State and local requirements. 

‘‘(p) Regulations. 

‘‘(q) Restriction on pesticide use. 

‘‘(r) Authorization of appropriations. 

‘‘Sec. 35. Severability. 

‘‘Sec. 36. Authorization of appropriations.’’.

1 SEC. 5. EFFECTIVE DATE. 

2 This Act and the amendments made by this Act take 

3 effect on October 1, 2005.

Æ