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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4159 Introduced in House (IH)]

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.

    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 
2009''.

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 Centers for Disease Control and Prevention, 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 has increased 
        over the past 30 years, making cancer the leading cause of 
        childhood death from disease;
            (5) approximately 6,500,000 (or nearly 9 percent of) 
        children in the United States under the age of 18 have asthma, 
        the most common chronic illness in children, double the 
        percentage who were reported to have the illness in 1980, and 
        the incidence of asthma continues to rise;
            (6) children are more susceptible to hazardous impacts from 
        pesticides than are adults due to their physiological and 
        behavioral characteristics;
            (7) numerous scientific studies have linked cancer, 
        neurological problems, and asthma to pesticide exposure;
            (8) the Department of Agriculture states that current pest 
        management practices in schools are in need of improvement and 
        full implementation of integrated pest management practices is 
        affordable and cost effective;
            (9) the Environmental Protection Agency and the Centers for 
        Disease Control and Prevention recommend the use of an 
        integrated pest management program by local educational 
        agencies, which emphasizes nonchemical ways of reducing pests, 
        such as sanitation and maintenance and good soil health;
            (10) integrated pest management--
                    (A) promotes nonchemical methods of pest prevention 
                and management using least toxic pesticides only after 
                all other nontoxic methods have been exhausted; and
                    (B) will eliminate or significantly reduce the use 
                of and exposure to pesticides in the management of 
                buildings, playing fields, landscapes;
            (11) an integrated pest management program provides long-
        term health and economic benefits as well as complements other 
        important goals of school maintenance and administration, 
        including energy conservation, food safety, and security; and
            (12) parents and guardians wish to and have a right to be 
        notified of any use of a pesticide in their children's schools.

SEC. 3. INTEGRATED PEST MANAGEMENT PROGRAM FOR SCHOOLS.

    (a) System Required.--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 PROGRAM FOR SCHOOLS.

    ``(a) Definitions.--In this section:
            ``(1) Administrator.--The term `Administrator' means the 
        Administrator of the Environmental Protection Agency.
            ``(2) Board.--The term `Board' means the National School 
        Integrated Pest Management Advisory Board established under 
        subsection (c).
            ``(3) Crack and crevice treatment.--The term `crack and 
        crevice treatment' means the application of small quantities of 
        a pesticide into openings in a building such as those commonly 
        found at expansion joints, between levels of construction, and 
        between equipment and floors.
            ``(4) EPA.--The term `EPA' means the Environmental 
        Protection Agency.
            ``(5) Fund.--The term `Fund' means the Integrated Pest 
        Management Trust Fund established under subsection (i).
            ``(6) Integrated pest management.--The term `integrated 
        pest management' means a managed pest control program that--
                    ``(A) eliminates or mitigates economic and health 
                damage caused by pests;
                    ``(B) uses--
                            ``(i) integrated methods;
                            ``(ii) site or pest inspections;
                            ``(iii) pest population monitoring and 
                        prevention strategies;
                            ``(iv) an evaluation of the need for pest 
                        control; and
                            ``(v) 1 or more pest prevention and 
                        management methods that incorporate exclusion 
                        techniques, such as habitat modifications, 
                        sanitation practices, entryway closures, 
                        structural repair, mechanical and biological 
                        controls, other nonchemical methods, and (if 
                        nontoxic options have been exhausted) least 
                        toxic pesticides; and
                    ``(C) minimizes--
                            ``(i) the use of pesticides; and
                            ``(ii) the hazards to human health and the 
                        environment associated with pesticide 
                        applications.
            ``(7) IPM coordinator.--The term `IPM coordinator' means an 
        individual who is designated by a local educational agency to 
        carry out implementation of the school integrated pest 
        management plan of a school district.
            ``(8) Least toxic list.--The term `least toxic list' means 
        the list of least toxic pesticides established under subsection 
        (c)(12)(B).
            ``(9) Least toxic pesticide.--
                    ``(A) In general.--The term `least toxic pesticide' 
                means any pesticide product or ingredient that, at a 
                minimum, has not been classified as, or found to have, 
                any of the following characteristics or ingredients:
                            ``(i) Toxicity Category I or II by the EPA 
                        (pesticides identified by the words `DANGER' or 
                        `WARNING' on the label).
                            ``(ii) A developmental or reproductive 
                        toxicant as defined by the State of California 
                        Proposition 65 Chemicals Known to Cause 
                        Developmental or Reproductive Harm.
                            ``(iii) A carcinogen, as designated by--
                                    ``(I) EPA's List of Chemicals 
                                Evaluated for Carcinogenic Potential 
                                (chemicals classified as a human 
                                carcinogen, likely to be carcinogenic 
                                to humans, a known or likely 
                                carcinogen, a probable human 
                                carcinogen, suggestive evidence or a 
                                possible human carcinogen);
                                    ``(II) the International Agency for 
                                Research on Cancer (IARC) (chemicals 
                                classified as carcinogenic to humans or 
                                probably or possibly carcinogenic to 
                                humans);
                                    ``(III) the United States National 
                                Toxicology Program (NTP) (chemicals 
                                classified as known or reasonably 
                                anticipated to be human carcinogens); 
                                or
                                    ``(IV) the State of California's 
                                Proposition 65.
                            ``(iv) Neurologic cholinesterase 
                        inhibitors, as designated by California 
                        Department of Pesticide Regulation or the 
                        Materials Safety Data Sheet (MSDS) for the 
                        particular chemical.
                            ``(v) Known groundwater contaminants, as 
                        designated by the state of California (for 
                        actively registered pesticides).
                            ``(vi) Pesticides formulated or applied as 
                        dusts, powder or aerosols, unless used in a way 
                        that virtually eliminates inhalation hazard, 
                        such as when applied to cracks or crevices and 
                        sealed after the application, or used as a 
                        directed spray into the entrance of an insect 
                        nest.
                            ``(vii) Nervous system toxicants, including 
                        chemicals such as cholinesterase inhibitors or 
                        chemicals associated with neurotoxicity by a 
                        mechanism other than cholinesterase inhibition, 
                        or listed or identified in or on any of the 
                        following lists:
                                    ``(I) Toxics Release Inventory 
                                (TRI), EPA EPCRA section 313.
                                    ``(II) EPA Reregistration 
                                Eligibility Decisions (RED).
                                    ``(III) Insecticide Resistance 
                                Action Committee (IRAC) Mode of Action 
                                Classification: Acetylcholine esterase 
                                inhibitors; GABA-gated chloride channel 
                                antagonists; Sodium channel modulators; 
                                Nicotinic Acetylcholine receptor 
                                agonists or antagonists; Nicotinic 
                                Acetylcholine receptor agonists; 
                                Chloride channel activators; 
                                Octopaminergic agonists; Voltage-
                                dependent sodium channel blockers; or 
                                Neuronal inhibitors (unknown mode of 
                                action).
                            ``(viii) Endocrine disruptors, which 
                        include chemicals that are known to or likely 
                        to interfere with the endocrine system in 
                        humans or wildlife, based on the European 
                        Commission (EC) List of 146 substances with 
                        endocrine disruption classifications, Annex 13 
                        (and any subsequent lists issued as follow-up, 
                        revisions, or extensions or based on any list 
                        created by the EPA that identifies endocrine 
                        disruptors).
                            ``(ix) Regarding outdoor use: Adversely 
                        affects the environment or wildlife, based on 
                        any of the following:
                                    ``(I) Label precautionary 
                                statements including `toxic' or 
                                `extremely toxic' to bees, birds, fish, 
                                aquatic invertebrates, wildlife or 
                                other nontarget organisms, unless 
                                environmental exposure can be virtually 
                                eliminated.
                                    ``(II) Pesticides with ingredients 
                                with moderate or high mobility in soil, 
                                or with a soil half-life of 30 days or 
                                more (except for mineral products).
                            ``(x) Has data gaps or missing information 
                        in EPA registration documents, including 
                        pesticide fact sheets, or EPA reregistration 
                        eligibility decisions, which EPA is requiring 
                        the registrant to provide.
                            ``(xi) Contaminants and metabolites 
                        recognized by EPA that violate any of the above 
                        criteria.
                    ``(B) Authorized contents.--A least toxic pesticide 
                may include--
                            ``(i) containerized 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; and
                            ``(vii) biological, living control agents.
            ``(10) Local educational agency.--The term `local 
        educational agency' has the meaning given the term in section 
        9101 of the Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 7801).
            ``(11) Natural organic fertilizer.--
                    ``(A) In general.--The term `natural organic 
                fertilizer' means fertilizers that contain nutrients 
                naturally derived solely from the remains or a by-
                product of an organism, or from a mineral.
                    ``(B) Inclusions.--The term includes cottonseed 
                meal, fish emulsion, compost, and composted manure.
                    ``(C) Exclusions.--The terms does not include any 
                fertilizer containing biosolids or synthetic 
                ingredients, natural minerals, or substances that are 
                reacted with acids or produced in a petro-chemical 
                process.
            ``(12) Official.--The term `official' means the official 
        for school pest management appointed by the Administrator 
        within the Office of Pesticide Programs of the EPA to 
        coordinate the development and implementation of integrated 
        pest management systems in schools.
            ``(13) Pesticide.--
                    ``(A) In general.--The term `pesticide' means any 
                substance or mixture of substances 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 cleaning products, other than those that 
                contain pesticidal agents.
            ``(14) Public health emergency.--The term `public health 
        emergency' means an urgent need to mitigate or eliminate a pest 
        that threatens the health or safety of a student or staff 
        member.
            ``(15) School.--The term `school' means a school that--
                    ``(A) is a public school or is receiving Federal 
                funding; and
                    ``(B) is--
                            ``(i) an elementary school (as defined in 
                        section 9101 of the Elementary and Secondary 
                        Education Act of 1965 (20 U.S.C. 7801));
                            ``(ii) a secondary school (as defined in 
                        such section); or
                            ``(C) a kindergarten or nursery school.
            ``(16) School grounds.--
                    ``(A) In general.--The term `school grounds' means 
                the area outside of the school buildings controlled, 
                managed, leased, 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, leased, 
                or owned by a school.
            ``(17) 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.
            ``(18) State educational agency.--The term `State 
        educational agency' has the meaning given the term in section 
        9101 of the Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 7801).
            ``(19) State agency.--The term `State agency' means an 
        agency of a State, or an agency of an Indian tribe or tribal 
        organization (as those terms are defined in section 4 of the 
        Indian Self-Determination and Education Assistance Act (25 
        U.S.C. 16450b)), that exercises primary jurisdiction over 
        matters relating to pesticide regulation.
            ``(20) Synthetic fertilizer.--
                    ``(A) In general.--The term `synthetic fertilizer' 
                means a substance containing a plant nutrient created 
                by a synthetic, chemical process, including triple 
                super phosphate made by treating rock phosphate with 
                phosphoric acid, potassium chloride, urea quick release 
                synthetic fertilizers, and petroleum-based fertilizers.
                    ``(B) Exclusions.--The term does not include 
                natural organic fertilizers that are made from 
                naturally occurring materials, such as blood meal, fish 
                or kelp, or manure-based organic compost.
            ``(21) 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 Components.--
            ``(1) In general.--Each local educational agency of a 
        school district shall implement an integrated pest management 
        program, that at a minimum--
                    ``(A) applies to school buildings and school 
                grounds;
                    ``(B) establishes an IPM coordinator within the 
                local education agency responsible for carrying out the 
                integrated pest management plan in schools in the 
                school district; and
                    ``(C) follows an integrated pest management plan 
                for addressing school pest problems.
            ``(2) Duties of ipm coordinator.--The IPM coordinator of a 
        school district shall--
                    ``(A) oversee the implementation of the integrated 
                pest management plan;
                    ``(B) act as a contact for inquiries about the 
                integrated pest management plan;
                    ``(C) maintain and make available to parents, 
                guardians, school staff, and any person upon request 
                material safety data sheets, labels, and fact sheets or 
                other official information related to the pesticides 
                (including least toxic pesticides), as approved by the 
                Administrator 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;
                    ``(G) obtain periodic updates and training from 
                State integrated pest management system experts;
                    ``(H) pre-approve any public health emergency 
                pesticide applications; and
                    ``(I) maintain all pesticide use data for each 
                pesticide used at the school for at least 3 years after 
                the date on which the pesticide is applied.
            ``(3) Use of pesticides.--Except as set forth in paragraph 
        (6), a local educational agency or school--
                    ``(A) may not use pesticides other than nontoxic or 
                least toxic pesticides as provided in subparagraph (B); 
                and
                    ``(B) may only use a least toxic pesticide as part 
                of the integrated pest management program, under which 
                the least toxic pesticide is only used as a last resort 
                and only if the area or room treated is unoccupied or 
                not in use by students or staff members.
            ``(4) Use of fertilizers.--A local educational agency or 
        school may only use natural organic fertilizers. The use of a 
        synthetic fertilizer is prohibited.
            ``(5) Notice of integrated pest management program.--
                    ``(A) 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 plan of the school district 
                in school calendars, handbooks, or other forms of 
                universal notification.
                    ``(B) Contents.--The notice shall include a 
                description of--
                            ``(i) the integrated pest management plan 
                        of the school district;
                            ``(ii) the name, address, and telephone 
                        number of the IPM coordinator of the school 
                        district;
                            ``(iii) a statement that--
                                    ``(I) the IPM coordinator maintains 
                                the product label and material safety 
                                data sheet of each pesticide (including 
                                each least toxic pesticide) 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, student or any 
                                other interested person upon request; 
                                and
                                    ``(III) the IPM coordinator is 
                                available to parents, guardians, and 
                                staff members for information and 
                                comment; and
                            ``(iv) the time and place of any meetings 
                        that will be held under paragraph (7).
                    ``(C) 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--
                            ``(i) each new staff member who is employed 
                        during the school year; and
                            ``(ii) the parent or guardian of each new 
                        student enrolled during the school year.
            ``(6) Public health emergency.--
                    ``(A) 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 program and least toxic 
                pesticides and it is a public health emergency, the 
                school may use a pesticide in accordance with this 
                subsection.
                    ``(B) IPM coordinator approval required.--The IPM 
                Coordinator shall approve, after identifying the 
                pesticide product ingredients and acute and chronic 
                adverse health effects, the pesticide product before 
                any public health emergency application can be made.
                    ``(C) Area use limitation.--The use of an area or 
                room treated by a pesticide (other than a least toxic 
                pesticide) in response to a public health emergency 
                shall not be occupied or used at the time of 
                application or during the 24-hour period beginning at 
                the end of the application.
                    ``(D) Authorized applicator.--The pesticide 
                application shall only be made by a State certified 
                pesticide applicator.
                    ``(E) Notification of parents, guardians, and staff 
                members.--The school shall provide to a parent or 
                guardian of each student enrolled at the school and 
                each staff member of the school notice of the 
                application of the pesticide in response to a public 
                health emergency. Notification shall be provided at 
                least 24 hours prior to the application. The 
                notification shall include the following:
                            ``(i) The common name, trade name, and EPA 
                        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.
                            ``(iv) The statement `The EPA cannot 
                        guarantee that registered pesticides do not 
                        pose risks, and unnecessary exposure to 
                        pesticides should be avoided'.
                            ``(v) A description of potential adverse 
                        effects of the pesticide based on the material 
                        safety data sheet of the pesticide any 
                        additional warning information related to the 
                        pesticide.
                            ``(vi) The name and telephone number of the 
                        IPM coordinator of the school district.
                            ``(vii) A description of the problem and 
                        the factors that qualified the problem as a 
                        public health emergency.
                            ``(viii) A description of the steps the 
                        school will take in the future to avoid 
                        application of a pesticide in response to a 
                        public health emergency.
                    ``(F) Method of universal notification.--The school 
                may provide the notice by--
                            ``(i) written notice sent home with the 
                        student and provided to staff members;
                            ``(ii) a notice delivered electronically 
                        (such as through electronic mail or facsimile);
                            ``(iii) a telephone call; or
                            ``(iv) direct contact.
                    ``(G) Posting of signs.--
                            ``(i) In general.--A school applying a 
                        pesticide under this paragraph shall post a 
                        sign warning 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.
                            ``(ii) Administration.--A sign required 
                        under clause (i) 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 subparagraph 
                                (E).
                    ``(H) Time of year.--Subparagraphs (E) and (G) 
                shall apply--
                            ``(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 
                        and guardians of the students that are using 
                        the school in an authorized manner.
                    ``(I) 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.
            ``(7) Meetings.--
                    ``(A) 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 IPM coordinator designated this 
                subsection to receive and address public comments 
                regarding the integrated pest management program of the 
                school district.
                    ``(B) 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.
    ``(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;
                    ``(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 program 
                coordinators.
                    ``(E) Independent integrated pest management 
                specialists that have carried out school integrated 
                pest management programs.
                    ``(F) Environmental and children's health advocacy 
                groups.
                    ``(G) Organic lawn care professionals.
                    ``(H) Trade organizations for pest management.
                    ``(I) Teachers and staff members.
                    ``(J) School maintenance staff.
                    ``(K) School administrators.
                    ``(L) School board members.
            ``(3) Appointment.--Not later than 90 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) Conflict of interest.--Board members shall not have a 
        conflict of interest or have an affiliation with or a financial 
        interest in the sale or use of a pesticide.
            ``(5) Term.--
                    ``(A) In general.--A member of the Board shall 
                serve for a term of 5 years, except that the 
                Administrator may randomly 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.
            ``(6) Meetings.--The Administrator shall convene--
                    ``(A) an initial meeting of the Board not later 
                than 90 days after the appointment of the members; and
                    ``(B) subsequent meetings on a periodic basis, but 
                not less often than 2 times each year.
            ``(7) 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.
            ``(8) Chairperson.--The Board shall select a Chairperson 
        for the Board.
            ``(9) Quorum.--A majority of the members of the Board shall 
        constitute a quorum for the purpose of conducting business.
            ``(10) 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.
            ``(11) Administration.--The Administrator--
                    ``(A) shall--
                            ``(i) authorize the Board to hire a staff 
                        director; and
                            ``(ii) detail EPA staff 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.
            ``(12) Responsibilities of the board.--
                    ``(A) Integrated pest management plans.--Not later 
                than one year after the initial meeting of the Board, 
                the Board shall develop uniform standards and criteria 
                for integrated pest management in schools and provide 
                them to each State Agency.
                    ``(B) List of least toxic pesticides.--Not later 
                than 1 year after the initial meeting of the Board, the 
                Board shall--
                            ``(i) submit to the Administrator an 
                        initial list of products containing least toxic 
                        pesticides and any restrictions on the use of 
                        the listed pesticides, beginning with the list 
                        provided in subsection (a)(8)(B);
                            ``(ii) screen additional products to be 
                        included in the least toxic list on a bi-annual 
                        basis; and
                            ``(iii) evaluate all public comments 
                        received concerning the proposed least toxic 
                        list and restrictions, but not later than 90 
                        days after the close of the period during which 
                        public comments are accepted, and establish a 
                        final least toxic list for the Administrator to 
                        publish in the Federal Register.
                    ``(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 least toxic 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.
            ``(13) Requirements.--In establishing the proposed least 
        toxic list, the Board shall--
                    ``(A) review available information from the EPA, 
                the National Institute of Environmental Health 
                Sciences, 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 
                least toxic list; and
                    ``(B) cooperate with manufacturers of substances 
                considered for inclusion in the proposed least toxic 
                list to obtain a complete list of ingredients and 
                determine that such substances contain inert 
                ingredients that are included on the EPA's List 4 
                (Inerts of Minimal Concern).
            ``(14) Petitions.--The Board shall establish procedures 
        under which individuals may petition the Board for the purpose 
        of evaluating substances for inclusion on, or rescission from, 
        the least toxic list.
            ``(15) Periodic review.--
                    ``(A) In general.--The Board shall review each 
                substance included on the least toxic list at least 
                once during each 5-year period beginning on--
                            ``(i) the date that the substance was 
                        initially included on the least toxic 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 regarding the issue of whether the 
                substance should continue to be included on the least 
                toxic list.
            ``(16) Confidentiality.--Any information regarding the 
        formulation of the pesticides obtained by the Board in carrying 
        out this section shall be treated as public information by the 
        Board and shall be made available to the public.
    ``(d) Office of Pesticide Programs.--
            ``(1) Establishment.--The Administrator shall appoint an 
        official for school pest management within the Office of 
        Pesticide Programs of the EPA to coordinate the development and 
        implementation of integrated pest management programs in 
        schools.
            ``(2) Duties.--The official shall--
                    ``(A) coordinate the development of school 
                integrated pest management plans;
                    ``(B) consult with schools concerning--
                            ``(i) issues related to school integrated 
                        pest management programs;
                            ``(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 programs in 
                        schools;
                    ``(C) support and provide technical assistance to 
                the Board; and
                    ``(D) work in consultation with the Secretary of 
                Education.
            ``(3) Publication in federal register.--After receiving the 
        integrated pest management plan and the least toxic list and 
        any restrictions from the Board, the Administrator shall--
                    ``(A) publish the proposed plan and least toxic 
                list and any restrictions in the Federal Register with 
                a 90-day public comment period on the proposals; and
                    ``(B) publish the final plan and least toxic list 
                and restrictions developed by the Board in subsection 
                (c)(12)(B) in the Federal Register, together with a 
                discussion of comments received.
            ``(4) Amendments.--
                    ``(A) In general.--The Administrator shall publish 
                any proposed amendments to the plan or least toxic list 
                in the Federal Register and seek public comment on the 
                proposals.
                    ``(B) Recommendations.--The Administrator shall 
                include in any publication described in subparagraph 
                (A) any changes or amendments to the proposed plan or 
                least toxic list that are recommended to the 
                Administrator.
                    ``(C) Publication of plan and list.--After 
                evaluating all comments received concerning the 
                proposed least toxic list or proposed amendments to the 
                list, the Administrator shall publish the final least 
                toxic list in the Federal Register, together with a 
                description of comments received no later than 24 
                months after the date of enactment of this section.
    ``(e) School Integrated Pest Management Plans.--Each local 
educational agency shall have an integrated pest management plan that 
guides the school district's integrated pest management program in 
accordance with this subsection.
            ``(1) State plans.--Not later than 30 months after the date 
        of enactment of this subsection, each State Agency shall--
                    ``(A) develop an integrated pest management plan 
                for local educational agencies in the State; and
                    ``(B) submit the plan to the Administrator for 
                approval as part of the State cooperative agreement 
                under section 23.
            ``(2) Approval by administrator.--Not later than 3 months 
        after receiving the integrated pest management plan submitted 
        by a State agency under paragraph (1), the Administrator 
        shall--
                    ``(A) determine whether the integrated pest 
                management plan, at a minimum, meets the requirements 
                of subsection (b); and
                    ``(B) if the Administrator determines that--
                            ``(i) the integrated pest management plan 
                        meets the requirements, approve the integrated 
                        pest management plan as part of the State 
                        cooperative agreement under section 23; or
                            ``(ii) the integrated pest management plan 
                        does not meet the requirements--
                                    ``(I) disapprove the integrated 
                                pest management plan;
                                    ``(II) provide the State Agency 
                                with recommendations for and assistance 
                                in revising the integrated pest 
                                management plan to meet the 
                                requirements; and
                                    ``(III) provide a 3-month deadline 
                                by which the State Agency shall 
                                resubmit the revised school pest 
                                management plan to obtain approval of 
                                the plan, in accordance with the State 
                                cooperative agreement under section 23.
            ``(3) Distribution of state plan to schools.--On approval 
        of the integrated pest management plan of a State Agency, the 
        State Agency shall make the school integrated pest management 
        plan available to each local educational agency in the State.
            ``(4) Implementation.--Not later than 42 months after the 
        date of enactment of this section, 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 plan that meets the standards and requirements under 
        the integrated pest management plan of the State agency.
            ``(5) State programs.--If, on the date of enactment of this 
        section, a State maintains an integrated pest management plan 
        that, at a minimum, meets the standards and criteria 
        established under subsection (b) (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.
    ``(f) Drift of Pesticides Onto School Ground.--Each local 
educational agency, State pesticide lead agency, and the Administrator 
shall--
            ``(1) identify sources of pesticides that drift from 
        treated land to school grounds of the educational agency; and
            ``(2) take steps necessary to create an indoor and outdoor 
        school environment that are protected from pesticides described 
        in paragraph (1).
    ``(g) 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 (h).
            ``(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.
    ``(h) 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 paragraph (3) or (7) of 
        subsection (b) of not more than $10,000 for each offense.
            ``(2) Transfer to trust fund.--Civil penalties collected 
        under paragraph (1) shall be deposited in the Fund.
    ``(i) 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 (h)(2); and
                    ``(B) any interest earned on investment of amounts 
                in the Fund.
            ``(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 (h)(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.
    ``(j) 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.
    ``(k) 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.
    ``(l) 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.
    ``(m) Regulations.--Subject to subsection (j), the Administrator 
shall promulgate such regulations as are necessary to carry out this 
section.
    ``(n) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $7,000,000 for each of fiscal 
years 2011 through 2015.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Federal Insecticide, Fungicide, and Rodenticide Act is amended by 
striking the items relating to sections 34 and 35 and inserting the 
following new items:

``Sec. 34. Integrated pest management program for schools.
``Sec. 35. Severability.
``Sec. 36. Authorization for appropriations.''.

SEC. 4. EFFECTIVE DATE.

    The amendments made by this Act shall take effect at the end of the 
180-day period beginning on the date of the enactment of this Act.
                                 <all>
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