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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1619 Introduced in Senate (IS)]

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``School Environment Protection Act of 
2005''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) in 1992, the National Parent Teacher Association passed 
        a resolution calling for the reduced use of pesticides in 
        schools and calling on policymakers to consider all possible 
        alternatives before using any pesticides;
            (2) the National Education Association and many other 
        national public interest organizations have announced support 
        for reducing or eliminating pesticide use in schools;
            (3) childhood cancer is continuing to increase at the 
        alarming rate of 1 percent per year;
            (4) the overall incidence of childhood cancer increased 10 
        percent between 1974 and 1991, making cancer the leading cause 
        of childhood death from disease;
            (5) approximately 4,800,000 children in the United States 
        under the age of 18 have asthma, the most common chronic 
        illness in children, and the incidence of asthma is on the 
        rise;
            (6) children are more susceptible to hazardous impacts from 
        pesticides than are adults;
            (7) numerous scientific studies have linked both cancer and 
        asthma to pesticide exposure;
            (8) the Environmental Protection Agency has recommended the 
        use of an integrated pest management system by local 
        educational agencies, which emphasizes nonchemical ways of 
        reducing pests, such as sanitation and maintenance;
            (9) integrated pest management--
                    (A) promotes nonchemical methods of pest prevention 
                and management using least toxic pesticides after all 
                other methods have been exhausted; and
                    (B) requires a notification process by which each 
                student, parent, guardian, staff member, and teacher 
                shall be notified of a pesticide application;
            (10) parents and guardians have a right to know that there 
        is an integrated pest management system in their children's 
        schools;
            (11) an integrated pest management system provides long-
        term health and economic benefits; and
            (12) parents and guardians wish to and have a right to be 
        notified in advance of any use of a pesticide in their 
        children's schools.

SEC. 3. INTEGRATED PEST MANAGEMENT SYSTEMS FOR SCHOOLS.

    The Federal Insecticide, Fungicide, and Rodenticide Act is 
amended--
            (1) by redesignating sections 34 and 35 (7 U.S.C. 136x, 
        136y) as sections 35 and 36, respectively; and
            (2) by inserting after section 33 (7 U.S.C. 136w-8) the 
        following:

``SEC. 34. INTEGRATED PEST MANAGEMENT SYSTEMS FOR SCHOOLS.

    ``(a) Definitions.--In this section:
            ``(1) Board.--The term `Board' means the National School 
        Integrated Pest Management Advisory Board established under 
        subsection (c).
            ``(2) Contact person.--The term `contact person' means an 
        individual who is--
                    ``(A) knowledgeable about integrated pest 
                management systems; and
                    ``(B) designated by a local educational agency as 
                the contact person under subsection (f).
            ``(3) Crack and crevice treatment.--The term `crack and 
        crevice treatment' means the application of small quantities of 
        a pesticide in a building into openings such as those commonly 
        found at expansion joints, between levels of construction, and 
        between equipment and floors.
            ``(4) Emergency.--The term `emergency' means an urgent need 
        to mitigate or eliminate a pest that threatens the health or 
        safety of a student or staff member.
            ``(5) Fund.--The term `Fund' means the Integrated Pest 
        Management Trust Fund established under subsection (m).
            ``(6) Integrated pest management system.--The term 
        `integrated pest management system' means a managed pest 
        control system that--
                    ``(A) eliminates or mitigates economic, health, and 
                aesthetic damage caused by pests;
                    ``(B) uses--
                            ``(i) integrated methods;
                            ``(ii) site or pest inspections;
                            ``(iii) pest population monitoring;
                            ``(iv) an evaluation of the need for pest 
                        control; and
                            ``(v) 1 or more pest control methods, 
                        including sanitation, structural repair, 
                        mechanical and biological controls, other 
                        nonchemical methods, and (if nontoxic 
options are unreasonable and have been exhausted) least toxic 
pesticides; and
                    ``(C) minimizes--
                            ``(i) the use of pesticides; and
                            ``(ii) the risk to human health and the 
                        environment associated with pesticide 
                        applications.
            ``(7) Least toxic pesticides.--
                    ``(A) In general.--The term `least toxic 
                pesticides' means--
                            ``(i) boric acid and disodium octoborate 
                        tetrahydrate;
                            ``(ii) silica gels;
                            ``(iii) diatomaceous earth;
                            ``(iv) nonvolatile insect and rodent baits 
                        in tamper resistant containers or for crack and 
                        crevice treatment only;
                            ``(v) microbe-based insecticides;
                            ``(vi) botanical insecticides (not 
                        including synthetic pyrethroids) without toxic 
                        synergists;
                            ``(vii) biological, living control agents; 
                        and
                            ``(viii) materials for which the inert 
                        ingredients are nontoxic and disclosed.
                    ``(B) Exclusions.--The term `least toxic 
                pesticides' does not include a pesticide that is 
                determined by the Administrator to be an acutely or 
                moderately toxic pesticide, carcinogen, mutagen, 
                teratogen, reproductive toxin, developmental 
                neurotoxin, endocrine disrupter, or immune system 
                toxin, and any application of the pesticide using a 
                broadcast spray, dust, tenting, fogging, or baseboard 
                spray application.
            ``(8) List.--The term `list' means the list of least toxic 
        pesticides established under subsection (d).
            ``(9) Local educational agency.--The term `local 
        educational agency' has the meaning given the term in section 
        14101 of the Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 8801).
            ``(10) Person.--The term `person' means--
                    ``(A) an individual that attends, has children 
                enrolled in, works at, or uses a school;
                    ``(B) a resident of a school district; and
                    ``(C) any other individual that may be affected by 
                pest management activities of a school.
            ``(11) Official.--The term `official' means the official 
        appointed by the Administrator under subsection (e).
            ``(12) Pesticide.--
                    ``(A) In general.--The term `pesticide' means any 
                substance or mixture of substances, including 
                herbicides and bait stations, intended for--
                            ``(i) preventing, destroying, repelling, or 
                        mitigating any pest;
                            ``(ii) use as a plant regulator, defoliant, 
                        or desiccant; or
                            ``(iii) use as a spray adjuvant such as a 
                        wetting agent or adhesive.
                    ``(B) Exclusion.--The term `pesticide' does not 
                include antimicrobial agents such as disinfectants or 
                deodorizers used for cleaning products.
            ``(13) School.--The term `school' means a public--
                    ``(A) elementary school (as defined in section 
                14101 of the Elementary and Secondary Education Act of 
                1965 (20 U.S.C. 8801));
                    ``(B) secondary school (as defined in section 14101 
                of that Act); or
                    ``(C) kindergarten or nursery school.
            ``(14) School grounds.--
                    ``(A) In general.--The term `school grounds' means 
                the area outside of the school buildings controlled, 
                managed, or owned by the school or school district.
                    ``(B) Inclusions.--The term `school grounds' 
                includes a lawn, playground, sports field, and any 
                other property or facility controlled, managed, or 
                owned by a school.
            ``(15) Space spraying.--
                    ``(A) In general.--The term `space spraying' means 
                application of a pesticide by discharge into the air 
                throughout an inside area.
                    ``(B) Inclusion.--The term `space spraying' 
                includes the application of a pesticide using a 
                broadcast spray, dust, tenting, or fogging.
                    ``(C) Exclusion.--The term `space spraying' does 
                not include crack and crevice treatment.
            ``(16) Staff member.--
                    ``(A) In general.--The term `staff member' means an 
                employee of a school or local educational agency.
                    ``(B) Inclusions.--The term `staff member' includes 
                an administrator, teacher, and other person that is 
                regularly employed by a school or local educational 
                agency.
                    ``(C) Exclusions.--The term `staff member' does not 
                include--
                            ``(i) an employee hired by a school, local 
                        educational agency, or State to apply a 
                        pesticide; or
                            ``(ii) a person assisting in the 
                        application of a pesticide.
            ``(17) State educational agency.--The term `State 
        educational agency' has the meaning given the term in section 
        14101 of the Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 8801).
            ``(18) Universal notification.--The term `universal 
        notification' means notice provided by a local educational 
        agency or school to--
                    ``(A) all parents or guardians of children 
                attending the school; and
                    ``(B) staff members of the school or local 
                educational agency.
    ``(b) Integrated Pest Management Systems.--
            ``(1) In general.--The Administrator, in consultation with 
        the Secretary of Education, shall establish a National School 
        Integrated Pest Management Advisory System to develop and 
        update uniform standards and criteria for implementing 
        integrated pest management systems in schools.
            ``(2) Implementation.--Not later than 18 months after the 
        date of enactment of this subsection, each local educational 
        agency of a school district shall develop and implement in each 
        of the schools in the school district an integrated pest 
        management system that complies with this section.
            ``(3) State programs.--If, on the date of enactment of this 
        section, a State maintains an integrated pest management system 
        that meets the standards and criteria established under 
        paragraph (1) (as determined by the Board), a local educational 
        agency in the State may continue to implement the system in a 
        school or in the school district in accordance with paragraph 
        (2).
            ``(4) Application to schools and school grounds.--The 
        requirements of this section that apply to a school, including 
        the requirement to implement an integrated management system, 
        apply to pesticide application in a school building and on the 
        school grounds.
            ``(5) Application of pesticides when schools in use.--A 
        school shall prohibit--
                    ``(A) the application of a pesticide when a school 
                or a school ground is occupied or in use; or
                    ``(B) the use of an area or room treated by a 
                pesticide, other than a least toxic pesticide, during 
                the 24-hour period beginning at the end of the 
                treatment.
    ``(c) National School Integrated Pest Management Advisory Board.--
            ``(1) In general.--The Administrator, in consultation with 
        the Secretary of Education, shall establish a National School 
        Integrated Pest Management Advisory Board to--
                    ``(A) establish uniform standards and criteria for 
                developing integrated pest management systems and 
                policies in schools;
                    ``(B) develop standards for the use of least toxic 
                pesticides in schools; and
                    ``(C) advise the Administrator on any other aspects 
                of the implementation of this section.
            ``(2) Composition of board.--The Board shall be composed of 
        12 members and include 1 representative from each of the 
        following groups:
                    ``(A) Parents.
                    ``(B) Public health care professionals.
                    ``(C) Medical professionals.
                    ``(D) State integrated pest management system 
                coordinators.
                    ``(E) Independent integrated pest management 
                specialists that have carried out school integrated 
                pest management programs.
                    ``(F) Environmental advocacy groups.
                    ``(G) Children's health advocacy groups.
                    ``(H) Trade organization for pest control 
                operators.
                    ``(I) Teachers and staff members.
                    ``(J) School maintenance staff.
                    ``(K) School administrators.
                    ``(L) School board members.
            ``(3) Appointment.--Not later than 180 days after the date 
        of enactment of this section, the Administrator shall appoint 
        members of the Board from nominations received from Parent 
        Teacher Associations, school districts, States, and other 
        interested persons and organizations.
            ``(4) Term.--
                    ``(A) In general.--A member of the Board shall 
                serve for a term of 5 years, except that the 
                Administrator may shorten the terms of the original 
                members of the Board in order to provide for a 
                staggered term of appointment for all members of the 
                Board.
                    ``(B) Consecutive terms.--Subject to subparagraph 
                (C), a member of the Board shall not serve consecutive 
                terms unless the term of the member has been reduced by 
                the Administrator.
                    ``(C) Maximum term.--In no event may a member of 
                the Board serve for more than 6 consecutive years.
            ``(5) Meetings.--The Administrator shall convene--
                    ``(A) an initial meeting of the Board not later 
                than 60 days after the appointment of the members; and
                    ``(B) subsequent meetings on a periodic basis, but 
                not less often than 2 times each year.
            ``(6) Compensation.--A member of the Board shall serve 
        without compensation, but may be reimbursed by the 
        Administrator for expenses (in accordance with section 5703 of 
        title 5, United States Code) incurred in performing duties as a 
        member of the Board.
            ``(7) Chairperson.--The Board shall select a Chairperson 
        for the Board.
            ``(8) Quorum.--A majority of the members of the Board shall 
        constitute a quorum for the purpose of conducting business.
            ``(9) Decisive votes.--Two-thirds of the votes cast at a 
        meeting of the Board at which a quorum is present shall be 
        decisive for any motion.
            ``(10) Administration.--The Administrator--
                    ``(A) shall--
                            ``(i) authorize the Board to hire a staff 
                        director; and
                            ``(ii) detail staff of the Environmental 
                        Protection Agency, or allow for the hiring of 
                        staff for the Board; and
                    ``(B) subject to the availability of 
                appropriations, may pay necessary expenses incurred by 
                the Board in carrying out this subtitle, as determined 
                appropriate by the Administrator.
            ``(11) Responsibilities of the board.--
                    ``(A) In general.--The Board shall provide 
                recommendations to the Administrator regarding the 
                implementation of this section.
                    ``(B) List of least toxic pesticides.--Not later 
                than 1 year after the initial meeting of the Board, the 
                Board shall--
                            ``(i) review implementation of this section 
                        (including use of least toxic pesticides); and
                            ``(ii) review and make recommendations to 
                        the Administrator with respect to new proposed 
                        active and inert ingredients or proposed 
                        amendments to the list in accordance with 
                        subsection (d).
                    ``(C) Technical advisory panels.--
                            ``(i) In general.--The Board shall convene 
                        technical advisory panels to provide scientific 
                        evaluations of the materials considered for 
                        inclusion on the list.
                            ``(ii) Composition.--A panel described in 
                        clause (i) shall include experts on integrated 
                        pest management, children's health, entomology, 
                        health sciences, and other relevant 
                        disciplines.
                    ``(D) Special review.--
                            ``(i) In general.--Not later than 2 years 
                        after the initial meeting of the Board, the 
                        Board shall review, with the assistance of a 
                        technical advisory panel, pesticides used in 
                        school buildings and on school grounds for 
                        their acute toxicity and chronic effects, 
                        including cancer, mutations, birth defects, 
                        reproductive dysfunction, neurological and 
                        immune system effects, and endocrine system 
                        disruption.
                            ``(ii) Determination.--The Board--
                                    ``(I) shall determine whether the 
                                use of pesticides described in clause 
                                (i) may endanger the health of 
                                children; and
                                    ``(II) may recommend to the 
                                Administrator restrictions on pesticide 
                                use in school buildings and on school 
                                grounds.
            ``(12) Requirements.--In establishing the proposed list, 
        the Board shall--
                    ``(A) review available information from the 
                Environmental Protection Agency, the National Institute 
                of Environmental Health Studies, medical and scientific 
                literature, and such other sources as appropriate, 
                concerning the potential for adverse human and 
                environmental effects of substances considered for 
                inclusion in the proposed list; and
                    ``(B) cooperate with manufacturers of substances 
                considered for inclusion in the proposed list to obtain 
                a complete list of ingredients and determine that such 
                substances contain inert ingredients that are generally 
                recognized as safe.
            ``(13) Petitions.--The Board shall establish procedures 
        under which individuals may petition the Board for the purpose 
        of evaluating substances for inclusion on the list.
            ``(14) Periodic review.--
                    ``(A) In general.--The Board shall review each 
                substance included on the list at least once during 
                each 5-year period beginning on--
                            ``(i) the date that the substance was 
                        initially included on the list; or
                            ``(ii) the date of the last review of the 
                        substance under this subsection.
                    ``(B) Submission to administrator.--The Board shall 
                submit the results of a review under subparagraph (A) 
                to the Administrator with a recommendation as to 
                whether the substance should continue to be included on 
                the list.
            ``(15) Confidentiality.--Any business sensitive material 
        obtained by the Board in carrying out this section shall be 
        treated as confidential business information by the Board and 
        shall not be released to the public.
    ``(d) List of Least Toxic Pesticides; Pesticide Review.--
            ``(1) In general.--The Board shall recommend to the 
        Administrator a list of least toxic pesticides (including the 
        pesticides described in subsection (a)(7)) that may be used as 
        least toxic pesticides, any restrictions on the use of the 
        listed pesticides, and any recommendations regarding 
        restrictions on all other pesticides, in accordance with this 
        section.
            ``(2) Procedure for evaluating pesticide use.--
                    ``(A) List of least toxic pesticides.--
                            ``(i) In general.--The Administrator shall 
                        establish a list of least toxic pesticides that 
                        may be used in school buildings and on school 
                        grounds, including any restrictions on the use 
                        of the pesticides, that is based on the list 
                        prepared by the Board.
                            ``(ii) Regulatory review.--The 
                        Administrator shall initiate regulatory review 
                        of all other pesticides recommended for 
                        restriction by the Board.
                    ``(B) Recommendations.--Not later than 1 year after 
                receiving the proposed list and restrictions, and 
                recommended restrictions on all other pesticides from 
                the Board, the Administrator shall--
                            ``(i) publish the proposed list and 
                        restrictions and all other proposed pesticide 
                        restrictions in the Federal Register and seek 
public comment on the proposed proposals; and
                            ``(ii) after evaluating all comments 
                        received concerning the proposed list and 
                        restrictions, but not later than 1 year after 
                        the close of the period during which public 
                        comments are accepted, publish the final list 
                        and restrictions in the Federal Register, 
                        together with a discussion of comments 
                        received.
                    ``(C) Findings.--Not later than 2 years after 
                publication of the final list and restrictions, the 
                Administrator shall make a determination and issue 
                findings on whether use of registered pesticides in 
                school buildings and on school grounds may endanger the 
                health of children.
                    ``(D) Notice and comment.--
                            ``(i) In general.--Prior to establishing or 
                        making amendments to the list, the 
                        Administrator shall publish the proposed list 
                        or any proposed amendments to the list in the 
                        Federal Register and seek public comment on the 
                        proposals.
                            ``(ii) Recommendations.--The Administrator 
                        shall include in any publication described in 
                        clause (i) any changes or amendments to the 
                        proposed list that are recommended to and by 
                        the Administrator.
                    ``(E) Publication of list.--After evaluating all 
                comments received concerning the proposed list or 
                proposed amendments to the list, the Administrator 
                shall publish the final list in the Federal Register, 
                together with a description of comments received.
    ``(e) Office of Pesticide Programs.--
            ``(1) Establishment.--The Administrator shall appoint an 
        official for school pest management within the Office of 
        Pesticide Programs of the Environmental Protection Agency to 
        coordinate the development and implementation of integrated 
        pest management systems in schools.
            ``(2) Duties.--The official shall--
                    ``(A) coordinate the development of school 
                integrated pest management systems and policies;
                    ``(B) consult with schools concerning--
                            ``(i) issues related to the integrated pest 
                        management systems of schools;
                            ``(ii) the use of least toxic pesticides; 
                        and
                            ``(iii) the registration of pesticides, and 
                        amendments to the registrations, as the 
                        registrations and amendments relate to the use 
                        of integrated pest management systems in 
                        schools; and
                    ``(C) support and provide technical assistance to 
                the Board.
    ``(f) Contact Person.--
            ``(1) In general.--Each local educational agency of a 
        school district shall designate a contact person for carrying 
        out an integrated pest management system in schools in the 
        school district.
            ``(2) Duties.--The contact person of a school district 
        shall--
                    ``(A) maintain information about pesticide 
                applications inside and outside schools within the 
                school district, in school buildings, and on school 
                grounds;
                    ``(B) act as a contact for inquiries about the 
                integrated pest management system;
                    ``(C) maintain material safety data sheets and 
                labels for all pesticides that may be used in the 
                school district;
                    ``(D) be informed of Federal and State chemical 
                health and safety information and contact information;
                    ``(E) maintain scheduling of all pesticide usage 
                for schools in the school district;
                    ``(F) maintain contact with Federal and State 
                integrated pest management system experts; and
                    ``(G) obtain periodic updates and training from 
                State integrated pest management system experts.
            ``(3) Pesticide use data.--A local educational agency of a 
        school district shall--
                    ``(A) maintain all pesticide use data for each 
                school in the school district; and
                    ``(B) on request, make the data available to the 
                public for review.
    ``(g) Notice of Integrated Pest Management System.--
            ``(1) In general.--At the beginning of each school year, 
        each local educational agency or school of a school district 
        shall include a notice of the integrated pest management system 
        of the school district in school calendars or other forms of 
        universal notification.
            ``(2) Contents.--The notice shall include a description 
        of--
                    ``(A) the integrated pest management system of the 
                school district;
                    ``(B) any pesticide (including any least toxic 
                pesticide) or bait station that may be used in a school 
                building or on a school ground as part of the 
                integrated pest management system;
                    ``(C) the name, address, and telephone number of 
                the contact person of the school district;
                    ``(D) a statement that--
                            ``(i) the contact person maintains the 
                        product label and material safety data sheet of 
                        each pesticide (including each least toxic 
                        pesticide) and bait station that may be used by 
                        a school in buildings or on school grounds;
                            ``(ii) the label and data sheet is 
                        available for review by a parent, guardian, 
                        staff member, or student attending the school; 
                        and
                            ``(iii) the contact person is available to 
                        parents, guardians, and staff members for 
                        information and comment; and
                    ``(E) the time and place of any meetings that will 
                be held under subsection (g)(1).
            ``(3) Use of pesticides.--A local educational agency or 
        school may use a pesticide during a school year only if the use 
        of the pesticide has been disclosed in the notice required 
        under paragraph (1) at the beginning of the school year.
            ``(4) New employees and students.--After the beginning of 
        each school year, a local educational agency or school of a 
        school district shall provide the notice required under this 
        subsection to--
                    ``(A) each new staff member who is employed during 
                the school year; and
                    ``(B) the parent or guardian of each new student 
                enrolled during the school year.
    ``(h) Use of Pesticides.--
            ``(1) In general.--If a local educational agency or school 
        determines that a pest in the school or on school grounds 
        cannot be controlled after having used the integrated pest 
        management system of the school or school district and least 
        toxic pesticides, the school may use a pesticide (other than 
        space spraying of the pesticide) to control the pest in 
        accordance with this subsection.
            ``(2) Prior notification of parents, guardians, and staff 
        members.--
                    ``(A) In general.--Subject to paragraphs (4) and 
                (5), not less than 72 hours before a pesticide (other 
                than a least toxic pesticide) is used by a school, the 
                school shall provide to a parent or guardian of each 
                student enrolled at the school and each staff member of 
                the school, notice that includes--
                            ``(i) the common name, trade name, and 
                        Environmental Protection Agency registration 
                        number of the pesticide;
                            ``(ii) a description of the location of the 
                        application of the pesticide;
                            ``(iii) a description of the date and time 
                        of application, except that, in the case of 
                        outdoor pesticide applications, 1 notice shall 
                        include 3 dates, in chronological order, that 
                        the outdoor pesticide applications may take 
                        place if the preceding date is canceled;
                            ``(iv) a statement that The Office of 
                        Pesticide Programs of the United States 
                        Environmental Protection Agency has stated: 
                        `Where possible, persons who potentially are 
                        sensitive, such as pregnant women and infants 
                        (less than 2 years old), should avoid any 
                        unnecessary pesticide exposure.';
                            ``(v) a description of potential adverse 
                        effects of the pesticide based on the material 
                        safety data sheet of the pesticide;
                            ``(vi) a description of the reasons for the 
                        application of the pesticide;
                            ``(vii) the name and telephone number of 
                        the contact person of the school district; and
                            ``(viii) any additional warning information 
                        related to the pesticide.
                    ``(B) Method of notification.--The school may 
                provide the notice required by subparagraph (A) by--
                            ``(i) written notice sent home with the 
                        student and provided to the staff member;
                            ``(ii) a telephone call;
                            ``(iii) direct contact; or
                            ``(iv) written notice mailed at least 1 
                        week before the application.
                    ``(C) Reissuance.--If the date of the application 
                of the pesticide needs to be extended beyond the period 
                required for notice under this paragraph, the school 
                shall reissue the notice under this paragraph for the 
                new date of application.
            ``(3) Posting of signs.--
                    ``(A) In general.--Subject to paragraphs (4) and 
                (5), at least 72 hours before a pesticide (other than a 
                least toxic pesticide) is used by a school, the school 
                shall post a sign that provides notice of the 
                application of the pesticide--
                            ``(i) in a prominent place that is in or 
                        adjacent to the location to be treated; and
                            ``(ii) at each entrance to the building or 
                        school ground to be treated.
                    ``(B) Administration.--A sign required under 
                subparagraph (A) for the application of a pesticide 
                shall--
                            ``(i) remain posted for at least 72 hours 
                        after the end of the treatment;
                            ``(ii) be at least 8\1/2\ inches by 11 
                        inches; and
                            ``(iii) state the same information as that 
                        required for prior notification of the 
                        application under paragraph (2).
                    ``(C) Outdoor pesticide applications.--
                            ``(i) In general.--In the case of outdoor 
                        pesticide applications, each sign shall include 
                        3 dates, in chronological order, that the 
                        outdoor pesticide application may take place if 
                        the preceding date is canceled due to weather.
                            ``(ii) Duration of posting.--A sign 
                        described in clause (i) shall be posted after 
                        an outdoor pesticide application in accordance 
                        with subparagraph (B).
            ``(4) Administration.--
                    ``(A) Applicators.--Paragraphs (2) and (3) shall 
                apply to any person that applies a pesticide in a 
                school or on a school ground, including a custodian, 
                staff member, or commercial applicator.
                    ``(B) Time of year.--Paragraphs (2) and (3) shall 
                apply to a school--
                            ``(i) during the school year; and
                            ``(ii) during holidays and the summer 
                        months, if the school is in use, with notice 
                        provided to all staff members and the parents 
                        or guardians of the students that are using the 
                        school in an authorized manner.
            ``(5) Emergencies.--
                    ``(A) In general.--A school may apply a pesticide 
                (other than a least toxic pesticide) in the school or 
                on school grounds without complying with paragraphs (2) 
                and (3) in an emergency, subject to subparagraph (B).
                    ``(B) Subsequent notification of parents, 
                guardians, and staff members.--Not later than the 
                earlier of the time that is 24 hours after a school 
                applies a pesticide under this paragraph or on the 
                morning of the next school day, the school shall 
                provide to each parent or guardian of a student 
                enrolled at the school, and staff member of the school, 
                notice of the application of the pesticide for 
                emergency pest control that includes--
                            ``(i) the information required for a notice 
                        under paragraph (2)(A);
                            ``(ii) a description of the problem and the 
                        factors that qualified the problem as an 
                        emergency that threatened the health or safety 
                        of a student or staff member; and
                            ``(iii) a description of the steps the 
                        school will take in the future to avoid 
                        emergency application of a pesticide under this 
                        paragraph.
                    ``(C) Method of notification.--The school may 
                provide the notice required by subparagraph (B) by--
                            ``(i) written notice sent home with the 
                        student and provided to the staff member;
                            ``(ii) a telephone call; or
                            ``(iii) direct contact.
                    ``(D) Posting of signs.--A school applying a 
                pesticide under this paragraph shall post a sign 
                warning of the pesticide application in accordance with 
                paragraph (3).
                    ``(E) Modification of integrated pest management 
                plans.--If a school in a school district applies a 
                pesticide under this paragraph, the local educational 
                agency of the school district shall modify the 
                integrated pest management plan of the school district 
                to minimize the future applications of pesticides under 
                this paragraph.
            ``(6) Drift of pesticides onto school ground.--Each local 
        educational agency, State pesticide lead agency, and the 
        Administrator are encouraged to--
                    ``(A) identify sources of pesticides that drift 
                from treated land to school grounds of the educational 
                agency; and
                    ``(B) take steps necessary to create an indoor and 
                outdoor school environment that are protected from 
                pesticides described in subparagraph (A).
    ``(i) Meetings.--
            ``(1) In general.--Before the beginning of a school year, 
        at the beginning of each new calendar year, and at a regularly 
        scheduled meeting of a school board, each local educational 
        agency shall provide an opportunity for the contact person 
        designated under subsection (d) to receive and address public 
        comments regarding the integrated pest management system of the 
        school district.
            ``(2) Emergency meetings.--An emergency meeting of a school 
        board to address a pesticide application may be called under 
        locally appropriate procedures for convening emergency 
        meetings.
    ``(j) Investigations and Orders.--
            ``(1) In general.--Not later than 60 days after receiving a 
        complaint of a violation of this section, the Administrator 
        shall--
                    ``(A) conduct an investigation of the complaint;
                    ``(B) determine whether it is reasonable to believe 
                the complaint has merit; and
                    ``(C) notify the complainant and the person alleged 
                to have committed the violation of the findings of the 
                Administrator.
            ``(2) Preliminary order.--If the Administrator determines 
        it is reasonable to believe a violation occurred, the 
        Administrator shall issue a preliminary order (that includes 
        findings) to impose the penalty described in subsection (j).
            ``(3) Objections to preliminary order.--
                    ``(A) In general.--Not later than 30 days after the 
                preliminary order is issued under paragraph (2), the 
                complainant and the person alleged to have committed 
                the violation may--
                            ``(i) file objections to the preliminary 
                        order (including findings); and
                            ``(ii) request a hearing on the record.
                    ``(B) Final order.--If a hearing is not requested 
                within 30 days after the preliminary order is issued, 
the preliminary order shall be final and not subject to judicial 
review.
            ``(4) Hearing.--A hearing under this subsection shall be 
        conducted expeditiously.
            ``(5) Final order.--Not later than 120 days after the end 
        of the hearing, the Administrator shall issue a final order.
            ``(6) Settlement agreement.--Before the final order is 
        issued, the proceeding may be terminated by a settlement 
        agreement, which shall remain open, entered into by the 
        Administrator, the complainant, and the person alleged to have 
        committed the violation.
            ``(7) Costs.--
                    ``(A) In general.--If the Administrator issues a 
                final order against a school or school district for 
                violation of this section and the complainant requests, 
                the Administrator may assess against the person against 
                whom the order is issued the costs (including 
                attorney's fees) reasonably incurred by the complainant 
                in bringing the complaint.
                    ``(B) Amount.--The Administrator shall determine 
                the amount of the costs that were reasonably incurred 
                by the complainant.
            ``(8) Judicial review and venue.--
                    ``(A) In general.--A person adversely affected by 
                an order issued after a hearing under this subsection 
                may file a petition for review not later than 60 days 
                after the date that the order is issued, in a district 
                court of the United States or other United States court 
                for any district in which a local educational agency or 
                school is found, resides, or transacts business.
                    ``(B) Timing.--The review shall be heard and 
                decided expeditiously.
                    ``(C) Collateral review.--An order of the 
                Administrator subject to review under this paragraph 
                shall not be subject to judicial review in a criminal 
                or other civil proceeding.
    ``(k) Civil Penalty.--
            ``(1) In general.--Any local educational agency, school, or 
        person that violates this section may be assessed a civil 
        penalty by the Administrator under subsections (h) and (i), 
        respectively, of not more than $10,000 for each offense.
            ``(2) Transfer to trust fund.--Except as provided in 
        subsection (i)(4)(B), civil penalties collected under paragraph 
        (1) shall be deposited in the Fund.
    ``(l) Integrated Pest Management Trust Fund.--
            ``(1) Establishment.--There is established in the Treasury 
        of the United States a trust fund to be known as the 
        `Integrated Pest Management Trust Fund', consisting of--
                    ``(A) amounts deposited in the Fund under 
                subsection (j)(2);
                    ``(B) amounts transferred to the Secretary of the 
                Treasury for deposit into the Fund under paragraph (5); 
                and
                    ``(C) any interest earned on investment of amounts 
                in the Fund under paragraph (3).
            ``(2) Expenditures from fund.--
                    ``(A) In general.--Subject to subparagraph (B), on 
                request by the Administrator, the Secretary of the 
                Treasury shall transfer from the Fund to the 
                Administrator, without further appropriation, such 
                amounts as the Secretary determines are necessary to 
                provide funds to each State educational agency of a 
                State, in proportion to the amount of civil penalties 
                collected in the State under subsection (j)(1), to 
                carry out education, training, propagation, and 
                development activities under integrated pest management 
                systems of schools in the State to remedy the harmful 
                effects of actions taken by the persons that paid the 
                civil penalties.
                    ``(B) Administrative expenses.--An amount not to 
                exceed 6 percent of the amounts in the Fund shall be 
                available for each fiscal year to pay the 
                administrative expenses necessary to carry out this 
                subsection.
            ``(3) Investment of amounts.--
                    ``(A) In general.--The Secretary of the Treasury 
                shall invest such portion of the Fund as is not, in the 
                judgment of the Secretary of the Treasury, required to 
                meet current withdrawals. Investments may be made only 
                in interest-bearing obligations of the United States.
                    ``(B) Acquisition of obligations.--For the purpose 
                of investments under subparagraph (A), obligations may 
                be acquired--
                            ``(i) on original issue at the issue price; 
                        or
                            ``(ii) by purchase of outstanding 
                        obligations at the market price.
                    ``(C) Sale of obligations.--Any obligation acquired 
                by the Fund may be sold by the Secretary of the 
                Treasury at the market price.
                    ``(D) Credits to fund.--The interest on, and the 
                proceeds from the sale or redemption of, any 
                obligations held in the Fund shall be credited to and 
                form a part of the Fund.
            ``(4) Transfers of amounts.--
                    ``(A) In general.--The amounts required to be 
                transferred to the Fund under this subsection shall be 
                transferred at least monthly from the general fund of 
                the Treasury to the Fund on the basis of estimates made 
                by the Secretary of the Treasury.
                    ``(B) Adjustments.--Proper adjustment shall be made 
                in amounts subsequently transferred to the extent prior 
                estimates were in excess of or less than the amounts 
                required to be transferred.
            ``(5) Acceptance and use of donations.--The Secretary may 
        accept and use donations to carry out paragraph (2)(A). Amounts 
        received by the Secretary in the form of donations shall be 
        transferred to the Secretary of the Treasury for deposit into 
        the Fund.
    ``(m) Employee Protection.--
            ``(1) In general.--No local educational agency, school, or 
        person may harass, prosecute, hold liable, or discriminate 
        against any employee or other person because the employee or 
        other person--
                    ``(A) is assisting or demonstrating an intent to 
                assist in achieving compliance with this section 
                (including any regulation);
                    ``(B) is refusing to violate or assist in the 
                violation of this section (including any regulation); 
                or
                    ``(C) has commenced, caused to be commenced, or is 
                about to commence a proceeding, has testified or is 
                about to testify at a proceeding, or has assisted or 
                participated or is about to participate in any manner 
                in such a proceeding or in any other action to carry 
                out this section.
            ``(2) Complaints.--Not later than 1 year after an alleged 
        violation occurred, an employee or other person alleging a 
        violation of this section, or another person at the request of 
        the employee, may file a complaint with the Administrator.
            ``(3) Remedial action.--If the Administrator decides, on 
        the basis of a complaint, that a local educational agency, 
        school, or person violated paragraph (1), the Administrator 
        shall order the local educational agency, school, or person 
        to--
                    ``(A) take affirmative action to abate the 
                violation;
                    ``(B) reinstate the complainant to the former 
                position with the same pay and terms and privileges of 
                employment; and
                    ``(C) pay compensatory damages, including back pay.
    ``(n) Grants.--
            ``(1) In general.--The Administrator, in consultation with 
        the Secretary of Education, shall provide grants to local 
        educational agencies to develop and implement integrated pest 
        management systems in schools in the school district of the 
        local educational agencies.
            ``(2) Amount.--The amount of a grant provided to a local 
        educational agency of a school district under paragraph (1) 
        shall be based on the ratio that the number of students 
        enrolled in schools in the school district bears to the total 
        number of students enrolled in schools in all school districts 
        in the United States.
    ``(o) Relationship to State and Local Requirements.--This section 
(including regulations promulgated under this section) shall not 
preempt requirements imposed on local educational agencies and schools 
related to the use of integrated pest management by State or local law 
(including regulations) that are more stringent than the requirements 
imposed under this section.
    ``(p) Regulations.--Subject to subsection (m), the Administrator 
shall promulgate such regulations as are necessary to carry out this 
section.
    ``(q) Restriction on Pesticide Use.--Not later than 6 years after 
the date of enactment of this section, no pesticide, other than a 
pesticide that is defined as a least toxic pesticide under this 
subsection, shall be used in a school or on school grounds unless the 
Administrator has met the deadlines and requirements of this section.
    ``(r) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $7,000,000 for each of fiscal 
years 2006 through 2010.''.

SEC. 4. CONFORMING AMENDMENT.

    The table of contents in section 1(b) of the Federal Insecticide, 
Fungicide, and Rodenticide Act (7 U.S.C. prec. 121) is amended by 
striking the items relating to 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.
            ``(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.
            ``(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.''.

SEC. 5. EFFECTIVE DATE.

    This Act and the amendments made by this Act take effect on October 
1, 2005.
                                 <all>
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