I 

111TH CONGRESS 

1ST SESSION H. R. 4159 

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

local educational agencies and schools to implement integrated pest management programs 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 HOUSE OF REPRESENTATIVES 

DECEMBER 1, 2009 

Mr. HOLT (for himself, Mr. ELLISON, Mr. VAN HOLLEN, Mr. GRIJALVA, Mr. 

BACA, Mr. RANGEL, Ms. JACKSON-LEE of Texas, Mr. ISRAEL, Mr. 

PAYNE, Mr. PRICE of North Carolina, Ms. MCCOLLUM, Mr. GRAYSON, 

Mrs. CHRISTENSEN, Ms. SCHAKOWSKY, and Ms. DEGETTE) introduced 

the following bill; which was referred to the Committee on Agriculture 

A BILL 

To amend the Federal Insecticide, Fungicide, and 

Rodenticide Act to require local educational agencies and 

schools to implement integrated pest management programs 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, 


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1 SECTION 1. SHORT TITLE. 

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

3 Protection Act of 2009’’. 

4 SEC. 2. FINDINGS. 

5 Congress finds that— 

6 (1) in 1992, the National Parent Teacher Asso7 ciation passed a resolution calling for the reduced 

8 use of pesticides in schools and calling on policy9 makers to consider all possible alternatives before 

10 using any pesticides; 

11 (2) the Centers for Disease Control and Preven12 tion, the National Education Association, and many 

13 other national public interest organizations have an14 nounced support for reducing or eliminating pes15 ticide use in schools; 

16 (3) childhood cancer is continuing to increase at 

17 the alarming rate of 1 percent per year; 

18 (4) the overall incidence of childhood cancer has 

19 increased over the past 30 years, making cancer the 

20 leading cause of childhood death from disease; 

21 (5) approximately 6,500,000 (or nearly 9 per22 cent of) children in the United States under the age 

23 of 18 have asthma, the most common chronic illness 

24 in children, double the percentage who were reported 

25 to have the illness in 1980, and the incidence of 

26 asthma continues to rise; 


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1 (6) children are more susceptible to hazardous 

2 impacts from pesticides than are adults due to their 

3 physiological and behavioral characteristics; 

4 (7) numerous scientific studies have linked can5 cer, neurological problems, and asthma to pesticide 

6 exposure; 

7 (8) the Department of Agriculture states that 

8 current pest management practices in schools are in 

9 need of improvement and full implementation of in10 tegrated pest management practices is affordable 

11 and cost effective; 

12 (9) the Environmental Protection Agency and 

13 the Centers for Disease Control and Prevention rec14 ommend the use of an integrated pest management 

15 program by local educational agencies, which empha16 sizes nonchemical ways of reducing pests, such as 

17 sanitation and maintenance and good soil health; 

18 (10) integrated pest management— 

19 (A) promotes nonchemical methods of pest 

20 prevention and management using least toxic 

21 pesticides only after all other nontoxic methods 

22 have been exhausted; and 

23 (B) will eliminate or significantly reduce 

24 the use of and exposure to pesticides in the 


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1 management of buildings, playing fields, land2 scapes; 

3 (11) an integrated pest management program 

4 provides long-term health and economic benefits as 

5 well as complements other important goals of school 

6 maintenance and administration, including energy 

7 conservation, food safety, and security; and 

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

9 right to be notified of any use of a pesticide in their 

10 children’s schools. 

11 SEC. 3. INTEGRATED PEST MANAGEMENT PROGRAM FOR 

12 SCHOOLS. 

13 (a) SYSTEM REQUIRED.—The Federal Insecticide, 

14 Fungicide, and Rodenticide Act is amended— 

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

16 U.S.C. 136x, 136y) as sections 35 and 36, respec17 tively; and 

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

19 136w–8) the following: 

20 ‘‘SEC. 34. INTEGRATED PEST MANAGEMENT PROGRAM FOR 

21 SCHOOLS. 

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

23 ‘‘(1) ADMINISTRATOR.—The term ‘Adminis24 trator’ means the Administrator of the Environ25 mental Protection Agency. 


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1 ‘‘(2) BOARD.—The term ‘Board’ means the Na2 tional School Integrated Pest Management Advisory 

3 Board established under subsection (c). 

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

5 term ‘crack and crevice treatment’ means the appli6 cation of small quantities of a pesticide into open7 ings in a building such as those commonly found at 

8 expansion joints, between levels of construction, and 

9 between equipment and floors. 

10 ‘‘(4) EPA.—The term ‘EPA’ means the Envi11 ronmental Protection Agency. 

12 ‘‘(5) FUND.—The term ‘Fund’ means the Inte13 grated Pest Management Trust Fund established 

14 under subsection (i). 

15 ‘‘(6) INTEGRATED PEST MANAGEMENT.—The 

16 term ‘integrated pest management’ means a man17 aged pest control program that— 

18 ‘‘(A) eliminates or mitigates economic and 

19 health damage caused by pests; 

20 ‘‘(B) uses— 

21 ‘‘(i) integrated methods; 

22 ‘‘(ii) site or pest inspections; 

23 ‘‘(iii) pest population monitoring and 

24 prevention strategies; 


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

2 pest control; and 

3 ‘‘(v) 1 or more pest prevention and 

4 management methods that incorporate ex5 clusion techniques, such as habitat modi6 fications, sanitation practices, entryway 

7 closures, structural repair, mechanical and 

8 biological controls, other nonchemical 

9 methods, and (if nontoxic options have 

10 been exhausted) least toxic pesticides; and 

11 ‘‘(C) minimizes— 

12 ‘‘(i) the use of pesticides; and 

13 ‘‘(ii) the hazards to human health and 

14 the environment associated with pesticide 

15 applications. 

16 ‘‘(7) IPM COORDINATOR.—The term ‘IPM co17 ordinator’ means an individual who is designated by 

18 a local educational agency to carry out implementa19 tion of the school integrated pest management plan 

20 of a school district. 

21 ‘‘(8) LEAST TOXIC LIST.—The term ‘least toxic 

22 list’ means the list of least toxic pesticides estab23 lished under subsection (c)(12)(B). 

24 ‘‘(9) LEAST TOXIC PESTICIDE.— 


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

2 pesticide’ means any pesticide product or ingre3 dient that, at a minimum, has not been classi4 fied as, or found to have, any of the following 

5 characteristics or ingredients: 

6 ‘‘(i) Toxicity Category I or II by the 

7 EPA (pesticides identified by the words 

8 ‘DANGER’ or ‘WARNING’ on the label). 

9 ‘‘(ii) A developmental or reproductive 

10 toxicant as defined by the State of Cali11 fornia Proposition 65 Chemicals Known to 

12 Cause Developmental or Reproductive 

13 Harm. 

14 ‘‘(iii) A carcinogen, as designated 

15 by— 

16 ‘‘(I) EPA’s List of Chemicals 

17 Evaluated for Carcinogenic Potential 

18 (chemicals classified as a human car19 cinogen, likely to be carcinogenic to 

20 humans, a known or likely carcinogen, 

21 a probable human carcinogen, sugges22 tive evidence or a possible human car23 cinogen); 

24 ‘‘(II) the International Agency 

25 for Research on Cancer (IARC) 


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1 (chemicals classified as carcinogenic 

2 to humans or probably or possibly 

3 carcinogenic to humans); 

4 ‘‘(III) the United States National 

5 Toxicology Program (NTP) (chemi6 cals classified as known or reasonably 

7 anticipated to be human carcinogens); 

8 or 

9 ‘‘(IV) the State of California’s 

10 Proposition 65. 

11 ‘‘(iv) Neurologic cholinesterase inhibi12 tors, as designated by California Depart13 ment of Pesticide Regulation or the Mate14 rials Safety Data Sheet (MSDS) for the 

15 particular chemical. 

16 ‘‘(v) Known groundwater contami17 nants, as designated by the state of Cali18 fornia (for actively registered pesticides). 

19 ‘‘(vi) Pesticides formulated or applied 

20 as dusts, powder or aerosols, unless used 

21 in a way that virtually eliminates inhala22 tion hazard, such as when applied to 

23 cracks or crevices and sealed after the ap24 plication, or used as a directed spray into 

25 the entrance of an insect nest. 


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1 ‘‘(vii) Nervous system toxicants, in2 cluding chemicals such as cholinesterase 

3 inhibitors or chemicals associated with 

4 neurotoxicity by a mechanism other than 

5 cholinesterase inhibition, or listed or iden6 tified in or on any of the following lists: 

7 ‘‘(I) Toxics Release Inventory 

8 (TRI), EPA EPCRA section 313. 

9 ‘‘(II) EPA Reregistration Eligi10 bility Decisions (RED). 

11 ‘‘(III) Insecticide Resistance Ac12 tion Committee (IRAC) Mode of Ac13 tion Classification: Acetylcholine ester14 ase inhibitors; GABA-gated chloride 

15 channel antagonists; Sodium channel 

16 modulators; Nicotinic Acetylcholine 

17 receptor agonists or antagonists; Nic18 otinic Acetylcholine receptor agonists; 

19 Chloride channel activators; Octopa20 minergic agonists; Voltage-dependent 

21 sodium channel blockers; or Neuronal 

22 inhibitors (unknown mode of action). 

23 ‘‘(viii) Endocrine disruptors, which in24 clude chemicals that are known to or likely 

25 to interfere with the endocrine system in 


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1 humans or wildlife, based on the European 

2 Commission (EC) List of 146 substances 

3 with endocrine disruption classifications, 

4 Annex 13 (and any subsequent lists issued 

5 as follow-up, revisions, or extensions or 

6 based on any list created by the EPA that 

7 identifies endocrine disruptors). 

8 ‘‘(ix) Regarding outdoor use: Ad9 versely affects the environment or wildlife, 

10 based on any of the following: 

11 ‘‘(I) Label precautionary state12 ments including ‘toxic’ or ‘extremely 

13 toxic’ to bees, birds, fish, aquatic in14 vertebrates, wildlife or other nontarget 

15 organisms, unless environmental expo16 sure can be virtually eliminated. 

17 ‘‘(II) Pesticides with ingredients 

18 with moderate or high mobility in soil, 

19 or with a soil half-life of 30 days or 

20 more (except for mineral products). 

21 ‘‘(x) Has data gaps or missing infor22 mation in EPA registration documents, in23 cluding pesticide fact sheets, or EPA re24 registration eligibility decisions, which 

25 EPA is requiring the registrant to provide. 


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1 ‘‘(xi) Contaminants and metabolites 

2 recognized by EPA that violate any of the 

3 above criteria. 

4 ‘‘(B) AUTHORIZED CONTENTS.—A least 

5 toxic pesticide may include— 

6 ‘‘(i) containerized boric acid and diso7 dium octoborate tetrahydrate; 

8 ‘‘(ii) silica gels; 

9 ‘‘(iii) diatomaceous earth; 

10 ‘‘(iv) nonvolatile insect and rodent 

11 baits in tamper resistant containers or for 

12 crack and crevice treatment only; 

13 ‘‘(v) microbe-based insecticides; 

14 ‘‘(vi) botanical insecticides (not in15 cluding synthetic pyrethroids) without toxic 

16 synergists; and 

17 ‘‘(vii) biological, living control agents. 

18 ‘‘(10) LOCAL EDUCATIONAL AGENCY.—The 

19 term ‘local educational agency’ has the meaning 

20 given the term in section 9101 of the Elementary 

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

22 7801). 

23 ‘‘(11) NATURAL ORGANIC FERTILIZER.— 

24 ‘‘(A) IN GENERAL.—The term ‘natural or25 ganic fertilizer’ means fertilizers that contain 


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1 nutrients naturally derived solely from the re2 mains or a by-product of an organism, or from 

3 a mineral. 

4 ‘‘(B) INCLUSIONS.—The term includes cot5 tonseed meal, fish emulsion, compost, and 

6 composted manure. 

7 ‘‘(C) EXCLUSIONS.—The terms does not 

8 include any fertilizer containing biosolids or 

9 synthetic ingredients, natural minerals, or sub10 stances that are reacted with acids or produced 

11 in a petro-chemical process. 

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

13 official for school pest management appointed by the 

14 Administrator within the Office of Pesticide Pro15 grams of the EPA to coordinate the development 

16 and implementation of integrated pest management 

17 systems in schools. 

18 ‘‘(13) PESTICIDE.— 

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

20 means any substance or mixture of substances 

21 intended for— 

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

23 or mitigating any pest; 

24 ‘‘(ii) use as a plant regulator, defo25 liant, or desiccant; or 


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

2 a wetting agent or adhesive. 

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

4 does not include cleaning products, other than 

5 those that contain pesticidal agents. 

6 ‘‘(14) PUBLIC HEALTH EMERGENCY.—The 

7 term ‘public health emergency’ means an urgent 

8 need to mitigate or eliminate a pest that threatens 

9 the health or safety of a student or staff member. 

10 ‘‘(15) SCHOOL.—The term ‘school’ means a 

11 school that— 

12 ‘‘(A) is a public school or is receiving Fed13 eral funding; and 

14 ‘‘(B) is— 

15 ‘‘(i) an elementary school (as defined 

16 in section 9101 of the Elementary and 

17 Secondary Education Act of 1965 (20 

18 U.S.C. 7801)); 

19 ‘‘(ii) a secondary school (as defined in 

20 such section); or 

21 ‘‘(C) a kindergarten or nursery school. 

22 ‘‘(16) SCHOOL GROUNDS.— 

23 ‘‘(A) IN GENERAL.—The term ‘school 

24 grounds’ means the area outside of the school 


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1 buildings controlled, managed, leased, or owned 

2 by the school or school district. 

3 ‘‘(B) INCLUSIONS.—The term ‘school 

4 grounds’ includes a lawn, playground, sports 

5 field, and any other property or facility con6 trolled, managed, leased, or owned by a school. 

7 ‘‘(17) STAFF MEMBER.— 

8 ‘‘(A) IN GENERAL.—The term ‘staff mem9 ber’ means an employee of a school or local 

10 educational agency. 

11 ‘‘(B) INCLUSIONS.—The term ‘staff mem12 ber’ includes an administrator, teacher, and 

13 other person that is regularly employed by a 

14 school or local educational agency. 

15 ‘‘(C) EXCLUSIONS.—The term ‘staff mem16 ber’ does not include— 

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

18 local educational agency, or State to apply 

19 a pesticide; or 

20 ‘‘(ii) a person assisting in the applica21 tion of a pesticide. 

22 ‘‘(18) STATE EDUCATIONAL AGENCY.—The 

23 term ‘State educational agency’ has the meaning 

24 given the term in section 9101 of the Elementary 


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

2 7801). 

3 ‘‘(19) STATE AGENCY.—The term ‘State agen4 cy’ means an agency of a State, or an agency of an 

5 Indian tribe or tribal organization (as those terms 

6 are defined in section 4 of the Indian Self-Deter7 mination and Education Assistance Act (25 U.S.C. 

8 16450b)), that exercises primary jurisdiction over 

9 matters relating to pesticide regulation. 

10 ‘‘(20) SYNTHETIC FERTILIZER.— 

11 ‘‘(A) IN GENERAL.—The term ‘synthetic 

12 fertilizer’ means a substance containing a plant 

13 nutrient created by a synthetic, chemical proc14 ess, including triple super phosphate made by 

15 treating rock phosphate with phosphoric acid, 

16 potassium chloride, urea quick release synthetic 

17 fertilizers, and petroleum-based fertilizers. 

18 ‘‘(B) EXCLUSIONS.—The term does not in19 clude natural organic fertilizers that are made 

20 from naturally occurring materials, such as 

21 blood meal, fish or kelp, or manure-based or22 ganic compost. 

23 ‘‘(21) UNIVERSAL NOTIFICATION.—The term 

24 ‘universal notification’ means notice provided by a 

25 local educational agency or school to— 


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

2 attending the school; and 

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

4 educational agency. 

5 ‘‘(b) INTEGRATED PEST MANAGEMENT COMPO6 NENTS.— 

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

8 agency of a school district shall implement an inte9 grated pest management program, that at a min10 imum— 

11 ‘‘(A) applies to school buildings and school 

12 grounds; 

13 ‘‘(B) establishes an IPM coordinator with14 in the local education agency responsible for 

15 carrying out the integrated pest management 

16 plan in schools in the school district; and 

17 ‘‘(C) follows an integrated pest manage18 ment plan for addressing school pest problems. 

19 ‘‘(2) DUTIES OF IPM COORDINATOR.—The IPM 

20 coordinator of a school district shall— 

21 ‘‘(A) oversee the implementation of the in22 tegrated pest management plan; 

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

24 the integrated pest management plan; 


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1 ‘‘(C) maintain and make available to par2 ents, guardians, school staff, and any person 

3 upon request material safety data sheets, labels, 

4 and fact sheets or other official information re5 lated to the pesticides (including least toxic pes6 ticides), as approved by the Administrator for 

7 all pesticides that may be used in the school 

8 district; 

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

10 chemical health and safety information and con11 tact information; 

12 ‘‘(E) maintain scheduling of all pesticide 

13 usage for schools in the school district; 

14 ‘‘(F) maintain contact with Federal and 

15 State integrated pest management system ex16 perts; 

17 ‘‘(G) obtain periodic updates and training 

18 from State integrated pest management system 

19 experts; 

20 ‘‘(H) pre-approve any public health emer21 gency pesticide applications; and 

22 ‘‘(I) maintain all pesticide use data for 

23 each pesticide used at the school for at least 3 

24 years after the date on which the pesticide is 

25 applied. 


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1 ‘‘(3) USE OF PESTICIDES.—Except as set forth 

2 in paragraph (6), a local educational agency or 

3 school— 

4 ‘‘(A) may not use pesticides other than 

5 nontoxic or least toxic pesticides as provided in 

6 subparagraph (B); and 

7 ‘‘(B) may only use a least toxic pesticide 

8 as part of the integrated pest management pro9 gram, under which the least toxic pesticide is 

10 only used as a last resort and only if the area 

11 or room treated is unoccupied or not in use by 

12 students or staff members. 

13 ‘‘(4) USE OF FERTILIZERS.—A local edu14 cational agency or school may only use natural or15 ganic fertilizers. The use of a synthetic fertilizer is 

16 prohibited. 

17 ‘‘(5) NOTICE OF INTEGRATED PEST MANAGE18 MENT PROGRAM.— 

19 ‘‘(A) IN GENERAL.—At the beginning of 

20 each school year, each local educational agency 

21 or school of a school district shall include a no22 tice of the integrated pest management plan of 

23 the school district in school calendars, hand24 books, or other forms of universal notification. 


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1 ‘‘(B) CONTENTS.—The notice shall include 

2 a description of— 

3 ‘‘(i) the integrated pest management 

4 plan of the school district; 

5 ‘‘(ii) the name, address, and telephone 

6 number of the IPM coordinator of the 

7 school district; 

8 ‘‘(iii) a statement that— 

9 ‘‘(I) the IPM coordinator main10 tains the product label and material 

11 safety data sheet of each pesticide (in12 cluding each least toxic pesticide) that 

13 may be used by a school in buildings 

14 or on school grounds; 

15 ‘‘(II) the label and data sheet is 

16 available for review by a parent, 

17 guardian, staff member, student or 

18 any other interested person upon re19 quest; and 

20 ‘‘(III) the IPM coordinator is 

21 available to parents, guardians, and 

22 staff members for information and 

23 comment; and 

24 ‘‘(iv) the time and place of any meet25 ings that will be held under paragraph (7). 


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1 ‘‘(C) NEW EMPLOYEES AND STUDENTS.— 

2 After the beginning of each school year, a local 

3 educational agency or school of a school district 

4 shall provide the notice required under this sub5 section to— 

6 ‘‘(i) each new staff member who is 

7 employed during the school year; and 

8 ‘‘(ii) the parent or guardian of each 

9 new student enrolled during the school 

10 year. 

11 ‘‘(6) PUBLIC HEALTH EMERGENCY.— 

12 ‘‘(A) IN GENERAL.—If a local educational 

13 agency or school determines that a pest in the 

14 school or on school grounds cannot be con15 trolled after having used the integrated pest 

16 management program and least toxic pesticides 

17 and it is a public health emergency, the school 

18 may use a pesticide in accordance with this sub19 section. 

20 ‘‘(B) IPM COORDINATOR APPROVAL RE21 QUIRED.—The IPM Coordinator shall approve, 

22 after identifying the pesticide product ingredi23 ents and acute and chronic adverse health ef24 fects, the pesticide product before any public 

25 health emergency application can be made. 


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1 ‘‘(C) AREA USE LIMITATION.—The use of 

2 an area or room treated by a pesticide (other 

3 than a least toxic pesticide) in response to a 

4 public health emergency shall not be occupied 

5 or used at the time of application or during the 

6 24-hour period beginning at the end of the ap7 plication. 

8 ‘‘(D) AUTHORIZED APPLICATOR.—The pes9 ticide application shall only be made by a State 

10 certified pesticide applicator. 

11 ‘‘(E) NOTIFICATION OF PARENTS, GUARD12 IANS, AND STAFF MEMBERS.—The school shall 

13 provide to a parent or guardian of each student 

14 enrolled at the school and each staff member of 

15 the school notice of the application of the pes16 ticide in response to a public health emergency. 

17 Notification shall be provided at least 24 hours 

18 prior to the application. The notification shall 

19 include the following: 

20 ‘‘(i) The common name, trade name, 

21 and EPA registration number of the pes22 ticide. 

23 ‘‘(ii) A description of the location of 

24 the application of the pesticide. 


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1 ‘‘(iii) A description of the date and 

2 time of application. 

3 ‘‘(iv) The statement ‘The EPA cannot 

4 guarantee that registered pesticides do not 

5 pose risks, and unnecessary exposure to 

6 pesticides should be avoided’. 

7 ‘‘(v) A description of potential adverse 

8 effects of the pesticide based on the mate9 rial safety data sheet of the pesticide any 

10 additional warning information related to 

11 the pesticide. 

12 ‘‘(vi) The name and telephone number 

13 of the IPM coordinator of the school dis14 trict. 

15 ‘‘(vii) A description of the problem 

16 and the factors that qualified the problem 

17 as a public health emergency. 

18 ‘‘(viii) A description of the steps the 

19 school will take in the future to avoid ap20 plication of a pesticide in response to a 

21 public health emergency. 

22 ‘‘(F) METHOD OF UNIVERSAL NOTIFICA23 TION.—The school may provide the notice by— 

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

25 student and provided to staff members; 


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1 ‘‘(ii) a notice delivered electronically 

2 (such as through electronic mail or fac3 simile); 

4 ‘‘(iii) a telephone call; or 

5 ‘‘(iv) direct contact. 

6 ‘‘(G) POSTING OF SIGNS.— 

7 ‘‘(i) IN GENERAL.—A school applying 

8 a pesticide under this paragraph shall post 

9 a sign warning of the application of the 

10 pesticide— 

11 ‘‘(I) in a prominent place that is 

12 in or adjacent to the location to be 

13 treated; and 

14 ‘‘(II) at each entrance to the 

15 building or school ground to be treat16 ed. 

17 ‘‘(ii) ADMINISTRATION.—A sign re18 quired under clause (i) for the application 

19 of a pesticide shall— 

20 ‘‘(I) remain posted for at least 

21 72 hours after the end of the treat22 ment; 

‘‘(II) be at least 81 23 ⁄2 inches by 11 

24 inches; and 


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1 ‘‘(III) state the same information 

2 as that required for prior notification 

3 of the application under subparagraph 

4 (E). 

5 ‘‘(H) TIME OF YEAR.—Subparagraphs (E) 

6 and (G) shall apply— 

7 ‘‘(i) during the school year; and 

8 ‘‘(ii) during holidays and the summer 

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

10 provided to all staff members and the par11 ents and guardians of the students that 

12 are using the school in an authorized man13 ner. 

14 ‘‘(I) MODIFICATION OF INTEGRATED PEST

15 MANAGEMENT PLANS.—If a school in a school 

16 district applies a pesticide under this para17 graph, the local educational agency of the 

18 school district shall modify the integrated pest 

19 management plan of the school district to mini20 mize the future applications of pesticides under 

21 this paragraph. 

22 ‘‘(7) MEETINGS.— 

23 ‘‘(A) IN GENERAL.—Before the beginning 

24 of a school year, at the beginning of each new 

25 calendar year, and at a regularly scheduled 


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1 meeting of a school board, each local edu2 cational agency shall provide an opportunity for 

3 the IPM coordinator designated this subsection 

4 to receive and address public comments regard5 ing the integrated pest management program of 

6 the school district. 

7 ‘‘(B) EMERGENCY MEETINGS.—An emer8 gency meeting of a school board to address a 

9 pesticide application may be called under locally 

10 appropriate procedures for convening emer11 gency meetings. 

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; 

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. 


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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 program coordinators. 

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

12 ‘‘(F) Environmental and children’s health 

13 advocacy groups. 

14 ‘‘(G) Organic lawn care professionals. 

15 ‘‘(H) Trade organizations for pest manage16 ment. 

17 ‘‘(I) Teachers and staff members. 

18 ‘‘(J) School maintenance staff. 

19 ‘‘(K) School administrators. 

20 ‘‘(L) School board members. 

21 ‘‘(3) APPOINTMENT.—Not later than 90 days 

22 after the date of enactment of this section, the Ad23 ministrator shall appoint members of the Board 

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1 sociations, school districts, States, and other inter2 ested persons and organizations. 

3 ‘‘(4) CONFLICT OF INTEREST.—Board members 

4 shall not have a conflict of interest or have an affili5 ation with or a financial interest in the sale or use 

6 of a pesticide. 

7 ‘‘(5) TERM.— 

8 ‘‘(A) IN GENERAL.—A member of the 

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

10 that the Administrator may randomly shorten 

11 the terms of the original members of the Board 

12 in order to provide for a staggered term of ap13 pointment for all members of the Board. 

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

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

16 not serve consecutive terms unless the term of 

17 the member has been reduced by the Adminis18 trator. 

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

20 member of the Board serve for more than 6 

21 consecutive years. 

22 ‘‘(6) MEETINGS.—The Administrator shall con23 vene— 


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

2 later than 90 days after the appointment of the 

3 members; and 

4 ‘‘(B) subsequent meetings on a periodic 

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

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

7 shall serve without compensation, but may be reim8 bursed by the Administrator for expenses (in accord9 ance with section 5703 of title 5, United States 

10 Code) incurred in performing duties as a member of 

11 the Board. 

12 ‘‘(8) CHAIRPERSON.—The Board shall select a 

13 Chairperson for the Board. 

14 ‘‘(9) QUORUM.—A majority of the members of 

15 the Board shall constitute a quorum for the purpose 

16 of conducting business. 

17 ‘‘(10) DECISIVE VOTES.—Two-thirds of the 

18 votes cast at a meeting of the Board at which a 

19 quorum is present shall be decisive for any motion. 

20 ‘‘(11) ADMINISTRATION.—The Administrator— 

21 ‘‘(A) shall— 

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

23 staff director; and 

24 ‘‘(ii) detail EPA staff or allow for the 

25 hiring of staff for the Board; and 


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1 ‘‘(B) subject to the availability of appro2 priations, may pay necessary expenses incurred 

3 by the Board in carrying out this subtitle, as 

4 determined appropriate by the Administrator. 

5 ‘‘(12) RESPONSIBILITIES OF THE BOARD.— 

6 ‘‘(A) INTEGRATED PEST MANAGEMENT

7 PLANS.—Not later than one year after the ini8 tial meeting of the Board, the Board shall de9 velop uniform standards and criteria for inte10 grated pest management in schools and provide 

11 them to each State Agency. 

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

13 Not later than 1 year after the initial meeting 

14 of the Board, the Board shall— 

15 ‘‘(i) submit to the Administrator an 

16 initial list of products containing least 

17 toxic pesticides and any restrictions on the 

18 use of the listed pesticides, beginning with 

19 the list provided in subsection (a)(8)(B); 

20 ‘‘(ii) screen additional products to be 

21 included in the least toxic list on a bi-an22 nual basis; and 

23 ‘‘(iii) evaluate all public comments re24 ceived concerning the proposed least toxic 

25 list and restrictions, but not later than 90 


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1 days after the close of the period during 

2 which public comments are accepted, and 

3 establish a final least toxic list for the Ad4 ministrator to publish in the Federal Reg5 ister. 

6 ‘‘(C) TECHNICAL ADVISORY PANELS.— 

7 ‘‘(i) IN GENERAL.—The Board shall 

8 convene technical advisory panels to pro9 vide scientific evaluations of the materials 

10 considered for inclusion on the least toxic 

11 list. 

12 ‘‘(ii) COMPOSITION.—A panel de13 scribed in clause (i) shall include experts 

14 on integrated pest management, children’s 

15 health, entomology, health sciences, and 

16 other relevant disciplines. 

17 ‘‘(13) REQUIREMENTS.—In establishing the 

18 proposed least toxic list, the Board shall— 

19 ‘‘(A) review available information from the 

20 EPA, the National Institute of Environmental 

21 Health Sciences, medical and scientific lit22 erature, and such other sources as appropriate, 

23 concerning the potential for adverse human and 

24 environmental effects of substances considered 

25 for inclusion in the proposed least toxic list; and 


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1 ‘‘(B) cooperate with manufacturers of sub2 stances considered for inclusion in the proposed 

3 least toxic list to obtain a complete list of ingre4 dients and determine that such substances con5 tain inert ingredients that are included on the 

6 EPA’s List 4 (Inerts of Minimal Concern). 

7 ‘‘(14) PETITIONS.—The Board shall establish 

8 procedures under which individuals may petition the 

9 Board for the purpose of evaluating substances for 

10 inclusion on, or rescission from, the least toxic list. 

11 ‘‘(15) PERIODIC REVIEW.— 

12 ‘‘(A) IN GENERAL.—The Board shall re13 view each substance included on the least toxic 

14 list at least once during each 5-year period be15 ginning on— 

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

17 initially included on the least toxic list; or 

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

19 substance under this subsection. 

20 ‘‘(B) SUBMISSION TO ADMINISTRATOR.— 

21 The Board shall submit the results of a review 

22 under subparagraph (A) to the Administrator 

23 regarding the issue of whether the substance 

24 should continue to be included on the least toxic 

25 list. 


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1 ‘‘(16) CONFIDENTIALITY.—Any information re2 garding the formulation of the pesticides obtained by 

3 the Board in carrying out this section shall be treat4 ed as public information by the Board and shall be 

5 made available to the public. 

6 ‘‘(d) OFFICE OF PESTICIDE PROGRAMS.— 

7 ‘‘(1) ESTABLISHMENT.—The Administrator 

8 shall appoint an official for school pest management 

9 within the Office of Pesticide Programs of the EPA 

10 to coordinate the development and implementation of 

11 integrated pest management programs in schools. 

12 ‘‘(2) DUTIES.—The official shall— 

13 ‘‘(A) coordinate the development of school 

14 integrated pest management plans; 

15 ‘‘(B) consult with schools concerning— 

16 ‘‘(i) issues related to school integrated 

17 pest management programs; 

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

19 and 

20 ‘‘(iii) the registration of pesticides, 

21 and amendments to the registrations, as 

22 the registrations and amendments relate to 

23 the use of integrated pest management 

24 programs in schools; 


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1 ‘‘(C) support and provide technical assist2 ance to the Board; and 

3 ‘‘(D) work in consultation with the Sec4 retary of Education. 

5 ‘‘(3) PUBLICATION IN FEDERAL REGISTER.— 

6 After receiving the integrated pest management plan 

7 and the least toxic list and any restrictions from the 

8 Board, the Administrator shall— 

9 ‘‘(A) publish the proposed plan and least 

10 toxic list and any restrictions in the Federal 

11 Register with a 90-day public comment period 

12 on the proposals; and 

13 ‘‘(B) publish the final plan and least toxic 

14 list and restrictions developed by the Board in 

15 subsection (c)(12)(B) in the Federal Register, 

16 together with a discussion of comments re17 ceived. 

18 ‘‘(4) AMENDMENTS.— 

19 ‘‘(A) IN GENERAL.—The Administrator 

20 shall publish any proposed amendments to the 

21 plan or least toxic list in the Federal Register 

22 and seek public comment on the proposals. 

23 ‘‘(B) RECOMMENDATIONS.—The Adminis24 trator shall include in any publication described 

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1 ments to the proposed plan or least toxic list 

2 that are recommended to the Administrator. 

3 ‘‘(C) PUBLICATION OF PLAN AND LIST.— 

4 After evaluating all comments received con5 cerning the proposed least toxic list or proposed 

6 amendments to the list, the Administrator shall 

7 publish the final least toxic list in the Federal 

8 Register, together with a description of com9 ments received no later than 24 months after 

10 the date of enactment of this section. 

11 ‘‘(e) SCHOOL INTEGRATED PEST MANAGEMENT

12 PLANS.—Each local educational agency shall have an inte13 grated pest management plan that guides the school dis14 trict’s integrated pest management program in accordance 

15 with this subsection. 

16 ‘‘(1) STATE PLANS.—Not later than 30 months 

17 after the date of enactment of this subsection, each 

18 State Agency shall— 

19 ‘‘(A) develop an integrated pest manage20 ment plan for local educational agencies in the 

21 State; and 

22 ‘‘(B) submit the plan to the Administrator 

23 for approval as part of the State cooperative 

24 agreement under section 23. 


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1 ‘‘(2) APPROVAL BY ADMINISTRATOR.—Not later 

2 than 3 months after receiving the integrated pest 

3 management plan submitted by a State agency 

4 under paragraph (1), the Administrator shall— 

5 ‘‘(A) determine whether the integrated pest 

6 management plan, at a minimum, meets the re7 quirements of subsection (b); and 

8 ‘‘(B) if the Administrator determines 

9 that— 

10 ‘‘(i) the integrated pest management 

11 plan meets the requirements, approve the 

12 integrated pest management plan as part 

13 of the State cooperative agreement under 

14 section 23; or 

15 ‘‘(ii) the integrated pest management 

16 plan does not meet the requirements— 

17 ‘‘(I) disapprove the integrated 

18 pest management plan; 

19 ‘‘(II) provide the State Agency 

20 with recommendations for and assist21 ance in revising the integrated pest 

22 management plan to meet the require23 ments; and 

24 ‘‘(III) provide a 3-month deadline 

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1 submit the revised school pest man2 agement plan to obtain approval of 

3 the plan, in accordance with the State 

4 cooperative agreement under section 

5 23. 

6 ‘‘(3) DISTRIBUTION OF STATE PLAN TO

7 SCHOOLS.—On approval of the integrated pest man8 agement plan of a State Agency, the State Agency 

9 shall make the school integrated pest management 

10 plan available to each local educational agency in the 

11 State. 

12 ‘‘(4) IMPLEMENTATION.—Not later than 42 

13 months after the date of enactment of this section, 

14 each local educational agency of a school district 

15 shall develop and implement in each of the schools 

16 in the school district an integrated pest management 

17 plan that meets the standards and requirements 

18 under the integrated pest management plan of the 

19 State agency. 

20 ‘‘(5) STATE PROGRAMS.—If, on the date of en21 actment of this section, a State maintains an inte22 grated pest management plan that, at a minimum, 

23 meets the standards and criteria established under 

24 subsection (b) (as determined by the Board), a local 

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1 plement the system in a school or in the school dis2 trict. 

3 ‘‘(f) DRIFT OF PESTICIDES ONTO SCHOOL

4 GROUND.—Each local educational agency, State pesticide 

5 lead agency, and the Administrator shall— 

6 ‘‘(1) identify sources of pesticides that drift 

7 from treated land to school grounds of the edu8 cational agency; and 

9 ‘‘(2) take steps necessary to create an indoor 

10 and outdoor school environment that are protected 

11 from pesticides described in paragraph (1). 

12 ‘‘(g) INVESTIGATIONS AND ORDERS.— 

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

14 after receiving a complaint of a violation of this sec15 tion, the Administrator shall— 

16 ‘‘(A) conduct an investigation of the com17 plaint; 

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

19 believe the complaint has merit; and 

20 ‘‘(C) notify the complainant and the per21 son alleged to have committed the violation of 

22 the findings of the Administrator. 

23 ‘‘(2) PRELIMINARY ORDER.—If the Adminis24 trator determines it is reasonable to believe a viola25 tion occurred, the Administrator shall issue a preVerDate Nov 24 2008 01:42 Dec 02, 2009 Jkt 089200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\H4159.IH H4159

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1 liminary order (that includes findings) to impose the 

2 penalty described in subsection (h). 

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

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

5 days after the preliminary order is issued under 

6 paragraph (2), the complainant and the person 

7 alleged to have committed the violation may— 

8 ‘‘(i) file objections to the preliminary 

9 order (including findings); and 

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

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

12 requested within 30 days after the preliminary 

13 order is issued, the preliminary order shall be 

14 final and not subject to judicial review. 

15 ‘‘(4) HEARING.—A hearing under this sub16 section shall be conducted expeditiously. 

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

18 after the end of the hearing, the Administrator shall 

19 issue a final order. 

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

21 final order is issued, the proceeding may be termi22 nated by a settlement agreement, which shall remain 

23 open, entered into by the Administrator, the com24 plainant, and the person alleged to have committed 

25 the violation. 


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1 ‘‘(7) COSTS.— 

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

3 issues a final order against a school or school 

4 district for violation of this section and the 

5 complainant requests, the Administrator may 

6 assess against the person against whom the 

7 order is issued the costs (including attorney’s 

8 fees) reasonably incurred by the complainant in 

9 bringing the complaint. 

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

11 determine the amount of the costs that were 

12 reasonably incurred by the complainant. 

13 ‘‘(8) JUDICIAL REVIEW AND VENUE.— 

14 ‘‘(A) IN GENERAL.—A person adversely af15 fected by an order issued after a hearing under 

16 this subsection may file a petition for review 

17 not later than 60 days after the date that the 

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

19 States or other United States court for any dis20 trict in which a local educational agency or 

21 school is found, resides, or transacts business. 

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

23 and decided expeditiously. 

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

25 the Administrator subject to review under this 


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1 paragraph shall not be subject to judicial review 

2 in a criminal or other civil proceeding. 

3 ‘‘(h) CIVIL PENALTY.— 

4 ‘‘(1) IN GENERAL.—Any local educational agen5 cy, school, or person that violates this section may 

6 be assessed a civil penalty by the Administrator 

7 under paragraph (3) or (7) of subsection (b) of not 

8 more than $10,000 for each offense. 

9 ‘‘(2) TRANSFER TO TRUST FUND.—Civil pen10 alties collected under paragraph (1) shall be depos11 ited in the Fund. 

12 ‘‘(i) INTEGRATED PEST MANAGEMENT TRUST

13 FUND.— 

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

15 the Treasury of the United States a trust fund to 

16 be known as the ‘Integrated Pest Management 

17 Trust Fund’, consisting of— 

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

19 subsection (h)(2); and 

20 ‘‘(B) any interest earned on investment of 

21 amounts in the Fund. 

22 ‘‘(2) EXPENDITURES FROM FUND.— 

23 ‘‘(A) IN GENERAL.—Subject to subpara24 graph (B), on request by the Administrator, the 

25 Secretary of the Treasury shall transfer from 


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1 the Fund to the Administrator, without further 

2 appropriation, such amounts as the Secretary 

3 determines are necessary to provide funds to 

4 each State educational agency of a State, in 

5 proportion to the amount of civil penalties col6 lected in the State under subsection (h)(1), to 

7 carry out education, training, propagation, and 

8 development activities under integrated pest 

9 management systems of schools in the State to 

10 remedy the harmful effects of actions taken by 

11 the persons that paid the civil penalties. 

12 ‘‘(B) ADMINISTRATIVE EXPENSES.—An 

13 amount not to exceed 6 percent of the amounts 

14 in the Fund shall be available for each fiscal 

15 year to pay the administrative expenses nec16 essary to carry out this subsection. 

17 ‘‘(j) EMPLOYEE PROTECTION.— 

18 ‘‘(1) IN GENERAL.—No local educational agen19 cy, school, or person may harass, prosecute, hold lia20 ble, or discriminate against any employee or other 

21 person because the employee or other person— 

22 ‘‘(A) is assisting or demonstrating an in23 tent to assist in achieving compliance with this 

24 section (including any regulation); 


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

2 violation of this section (including any regula3 tion); or 

4 ‘‘(C) has commenced, caused to be com5 menced, or is about to commence a proceeding, 

6 has testified or is about to testify at a pro7 ceeding, or has assisted or participated or is 

8 about to participate in any manner in such a 

9 proceeding or in any other action to carry out 

10 this section. 

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

12 an alleged violation occurred, an employee or other 

13 person alleging a violation of this section, or another 

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

15 complaint with the Administrator. 

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

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

18 educational agency, school, or person violated para19 graph (1), the Administrator shall order the local 

20 educational agency, school, or person to— 

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

22 violation; 

23 ‘‘(B) reinstate the complainant to the 

24 former position with the same pay and terms 

25 and privileges of employment; and 


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1 ‘‘(C) pay compensatory damages, including 

2 back pay. 

3 ‘‘(k) GRANTS.— 

4 ‘‘(1) IN GENERAL.—The Administrator, in con5 sultation with the Secretary of Education, shall pro6 vide grants to local educational agencies to develop 

7 and implement integrated pest management systems 

8 in schools in the school district of the local edu9 cational agencies. 

10 ‘‘(2) AMOUNT.—The amount of a grant pro11 vided to a local educational agency of a school dis12 trict under paragraph (1) shall be based on the ratio 

13 that the number of students enrolled in schools in 

14 the school district bears to the total number of stu15 dents enrolled in schools in all school districts in the 

16 United States. 

17 ‘‘(l) RELATIONSHIP TO STATE AND LOCAL REQUIRE18 MENTS.—This section (including regulations promulgated 

19 under this section) shall not preempt requirements im20 posed on local educational agencies and schools related to 

21 the use of integrated pest management by State or local 

22 law (including regulations) that are more stringent than 

23 the requirements imposed under this section. 


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1 ‘‘(m) REGULATIONS.—Subject to subsection (j), the 

2 Administrator shall promulgate such regulations as are 

3 necessary to carry out this section. 

4 ‘‘(n) AUTHORIZATION OF APPROPRIATIONS.—There 

5 are authorized to be appropriated to carry out this section 

6 $7,000,000 for each of fiscal years 2011 through 2015.’’. 

7 (b) CLERICAL AMENDMENT.—The table of contents 

8 in section 1(b) of the Federal Insecticide, Fungicide, and 

9 Rodenticide Act is amended by striking the items relating 

10 to sections 34 and 35 and inserting the following new 

11 items: 

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

‘‘Sec. 35. Severability. 

‘‘Sec. 36. Authorization for appropriations.’’. 

12 SEC. 4. EFFECTIVE DATE. 

13 The amendments made by this Act shall take effect 

14 at the end of the 180-day period beginning on the date 

15 of the enactment of this Act. 

Æ 


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