II

106TH CONGRESS

1ST SESSION S. 1716

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

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

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

pesticides in schools, and for other purposes.

IN THE SENATE OF THE UNITED STATES

OCTOBER 12, 1999

Mr. TORRICELLI (for himself and Mrs. MURRAY) introduced the following bill;

which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry

A BILL

To amend the Federal Insecticide, Fungicide, and

Rodenticide Act to require local educational agencies and

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

to provide parents, guardians, and employees with notice

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

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

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

3 Protection Act of 1999’’.

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 National Education Association and

12 many other national public interest organizations

13 have announced support for reducing or eliminating

14 pesticide use in schools;

15 (3) childhood cancer is continuing to increase at

16 the alarming rate of 1 percent per year;

17 (4) the overall incidence of childhood cancer in18 creased 10 percent between 1974 and 1991, making

19 cancer the leading cause of childhood death from

20 disease;

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

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

23 most common chronic illness in children, and the in24 cidence of asthma is on the rise;

25 (6) children are more susceptible to hazardous

26 impacts from pesticides than are adults;
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1 (7) numerous scientific studies have linked both

2 cancer and asthma to pesticide exposure;

3 (8) the Environmental Protection Agency has

4 recommended the use of an integrated pest manage5 ment system by local educational agencies, which

6 emphasizes nonchemical ways of reducing pests,

7 such as sanitation and maintenance;

8 (9) integrated pest management—

9 (A) promotes nonchemical methods of pest

10 prevention and management using least toxic

11 pesticides after all other methods have been ex12 hausted; and

13 (B) requires a notification process by

14 which each student, parent, guardian, staff

15 member, and teacher shall be notified of a pes16 ticide application;

17 (10) parents and guardians have a right to

18 know that there is an integrated pest management

19 system in their children’s schools;

20 (11) an integrated pest management system

21 provides long-term health and economic benefits;

22 and

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

24 right to be notified in advance of any use of a pes25 ticide in their children’s schools.
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1 SEC. 3. INTEGRATED PEST MANAGEMENT SYSTEMS FOR

2 SCHOOLS.

3 The Federal Insecticide, Fungicide, and Rodenticide

4 Act is amended—

5 (1) by redesignating sections 33 and 34 (7

6 U.S.C. 136x, 136y) as sections 34 and 35, respec7 tively; and

8 (2) by inserting after section 32 (7 U.S.C.

9 136w–7) the following:

10 ‘‘SEC. 33. INTEGRATED PEST MANAGEMENT SYSTEMS FOR

11 SCHOOLS.

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

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

15 Board established under subsection (c).

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

17 person’ means an individual who is—

18 ‘‘(A) knowledgeable about integrated pest

19 management systems; and

20 ‘‘(B) designated by a local educational

21 agency as the contact person under subsection

22 (f).

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

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

26 into openings such as those commonly found at ex-
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1 pansion joints, between levels of construction, and

2 between equipment and floors.

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

4 means an urgent need to mitigate or eliminate a

5 pest that threatens the health or safety of a student

6 or staff member.

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

9 under subsection (m).

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

13 ‘‘(A) eliminates or mitigates economic,

14 health, and aesthetic damage caused by pests;

15 ‘‘(B) uses—

16 ‘‘(i) integrated methods;

17 ‘‘(ii) site or pest inspections;

18 ‘‘(iii) pest population monitoring;

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

20 pest control; and

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

22 including sanitation, structural repair, me23 chanical and biological controls, other non24 chemical methods, and (if nontoxic options
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1 are unreasonable and have been exhausted)

2 least toxic pesticides; and

3 ‘‘(C) minimizes—

4 ‘‘(i) the use of pesticides; and

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

6 environment associated with pesticide ap7 plications.

8 ‘‘(7) LEAST TOXIC PESTICIDES.—

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

10 pesticides’ means—

11 ‘‘(i) boric acid and disodium

12 octoborate tetrahydrate;

13 ‘‘(ii) silica gels;

14 ‘‘(iii) diatomaceous earth;

15 ‘‘(iv) nonvolatile insect and rodent

16 baits in tamper resistant containers or for

17 crack and crevice treatment only;

18 ‘‘(v) microbe-based insecticides;

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

21 synergists;

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

23 and
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1 ‘‘(viii) materials for which the

2 inert ingredients are nontoxic and dis3 closed.

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

5 pesticides’ does not include a pesticide that is

6 determined by the Administrator to be an

7 acutely or moderately toxic pesticide, car8 cinogen, mutagen, teratogen, reproductive toxin,

9 developmental neurotoxin, endocrine disrupter,

10 or immune system toxin, and any application of

11 the pesticide using a broadcast spray, dust,

12 tenting, fogging, or baseboard spray applica13 tion.

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

15 least toxic pesticides established under subsection

16 (d).

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

18 ‘local educational agency’ has the meaning given the

19 term in section 14101 of the Elementary and Sec20 ondary Education Act of 1965 (20 U.S.C. 8801).

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

22 ‘‘(A) an individual that attends, has chil23 dren enrolled in, works at, or uses a school;

24 ‘‘(B) a resident of a school district; and
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1 ‘‘(C) any other individual that may be af2 fected by pest management activities of a

3 school.

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

5 official appointed by the Administrator under sub6 section (e).

7 ‘‘(12) PESTICIDE.—

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

9 means any substance or mixture of substances,

10 including herbicides and bait stations, intended

11 for—

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

13 or mitigating any pest;

14 ‘‘(ii) use as a plant regulator, defo15 liant, or desiccant; or

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

17 a wetting agent or adhesive.

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

19 does not include antimicrobial agents such as

20 disinfectants or deodorizers used for cleaning

21 products.

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

23 public—
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1 ‘‘(A) elementary school (as defined in sec2 tion 14101 of the Elementary and Secondary

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

4 ‘‘(B) secondary school (as defined in sec5 tion 14101 of that Act); or

6 ‘‘(C) kindergarten or nursery school.

7 ‘‘(14) SCHOOL GROUNDS.—

8 ‘‘(A) IN GENERAL.—The term ‘school

9 grounds’ means the area outside of the school

10 buildings controlled, managed, or owned by the

11 school or school district.

12 ‘‘(B) INCLUSIONS.—The term ‘school

13 grounds’ includes a lawn, playground, sports

14 field, and any other property or facility con15 trolled, managed, or owned by a school.

16 ‘‘(15) SPACE SPRAYING.—

17 ‘‘(A) IN GENERAL.—The term ‘space

18 spraying’ means application of a pesticide by

19 discharge into the air throughout an inside

20 area.

21 ‘‘(B) INCLUSION.—The term ‘space spray22 ing’ includes the application of a pesticide using

23 a broadcast spray, dust, tenting, or fogging.
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1 ‘‘(C) EXCLUSION.—The term ‘space spray2 ing’ does not include crack and crevice treat3 ment.

4 ‘‘(16) STAFF MEMBER.—

5 ‘‘(A) IN GENERAL.—The term ‘staff mem6 ber’ means an employee of a school or local

7 educational agency.

8 ‘‘(B) INCLUSIONS.—The term ‘staff mem9 ber’ includes an administrator, teacher, and

10 other person that is regularly employed by a

11 school or local educational agency.

12 ‘‘(C) EXCLUSIONS.—The term ‘staff mem13 ber’ does not include—

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

15 local educational agency, or State to apply

16 a pesticide; or

17 ‘‘(ii) a person assisting in the applica18 tion of a pesticide.

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

20 term ‘State educational agency’ has the meaning

21 given the term in section 14101 of the Elementary

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

23 8801).
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1 ‘‘(18) UNIVERSAL NOTIFICATION.—The term

2 ‘universal notification’ means notice provided by a

3 local educational agency or school to—

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

5 attending the school; and

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

7 educational agency.

8 ‘‘(b) INTEGRATED PEST MANAGEMENT SYSTEMS.—

9 ‘‘(1) IN GENERAL.—The Administrator, in con10 sultation with the Secretary of Education, shall es11 tablish a National School Integrated Pest Manage12 ment Advisory System to develop and update uni13 form standards and criteria for implementing inte14 grated pest management systems in schools.

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

16 months after the date of enactment of this sub17 section, each local educational agency of a school

18 district shall develop and implement in each of the

19 schools in the school district an integrated pest man20 agement system that complies with this section.

21 ‘‘(3) STATE PROGRAMS.—If, on the date of en22 actment of this section, a State maintains an inte23 grated pest management system that meets the

24 standards and criteria established under paragraph

25 (1) (as determined by the Board), a local edu-
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1 cational agency in the State may continue to imple2 ment the system in a school or in the school district

3 in accordance with paragraph (2).

4 ‘‘(4) APPLICATION TO SCHOOLS AND SCHOOL

5 GROUNDS.—The requirements of this section that

6 apply to a school, including the requirement to im7 plement an integrated management system, apply to

8 pesticide application in a school building and on the

9 school grounds.

10 ‘‘(5) APPLICATION OF PESTICIDES WHEN

11 SCHOOLS IN USE.—A school shall prohibit—

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

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

14 or

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

16 a pesticide, other than a least toxic pesticide,

17 during the 24-hour period beginning at the end

18 of the treatment.

19 ‘‘(c) NATIONAL SCHOOL INTEGRATED PEST MAN20 AGEMENT ADVISORY BOARD.—

21 ‘‘(1) IN GENERAL.—The Administrator, in con22 sultation with the Secretary of Education, shall es23 tablish a National School Integrated Pest Manage24 ment Advisory Board to—
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1 ‘‘(A) establish uniform standards and cri2 teria for developing integrated pest manage3 ment systems and policies in schools;

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

5 toxic pesticides in schools; and

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

7 aspects of the implementation of this section.

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

9 shall be composed of 12 members and include 1 rep10 resentative from each of the following groups:

11 ‘‘(A) Parents.

12 ‘‘(B) Public health care professionals.

13 ‘‘(C) Medical professionals.

14 ‘‘(D) State integrated pest management

15 system coordinators.

16 ‘‘(E) Independent integrated pest manage17 ment specialists that have carried out school in18 tegrated pest management programs.

19 ‘‘(F) Environmental advocacy groups.

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

21 ‘‘(H) Trade organization for pest control

22 operators.

23 ‘‘(I) Teachers and staff members.

24 ‘‘(J) School maintenance staff.

25 ‘‘(K) School administrators.
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1 ‘‘(L) School board members.

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

3 after the date of enactment of this section, the Ad4 ministrator shall appoint members of the Board

5 from nominations received from Parent Teacher As6 sociations, school districts, States, and other inter7 ested persons and organizations.

8 ‘‘(4) TERM.—

9 ‘‘(A) IN GENERAL.—A member of the

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

11 that the Administrator may shorten the terms

12 of the original members of the Board in order

13 to provide for a staggered term of appointment

14 for all members of the Board.

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

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

17 not serve consecutive terms unless the term of

18 the member has been reduced by the Adminis19 trator.

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

21 member of the Board serve for more than 6

22 consecutive years.

23 ‘‘(5) MEETINGS.—The Administrator shall

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

2 later than 60 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 ‘‘(6) 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 ‘‘(7) CHAIRPERSON.—The Board shall select a

13 Chairperson for the Board.

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

15 the Board shall constitute a quorum for the purpose

16 of conducting business.

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

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

19 is present shall be decisive for any motion.

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

21 ‘‘(A) shall—

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

23 staff director; and
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1 ‘‘(ii) detail staff of the Environmental

2 Protection Agency, or allow for the hiring

3 of staff for the Board; and

4 ‘‘(B) subject to the availability of appro5 priations, may pay necessary expenses incurred

6 by the Board in carrying out this subtitle, as

7 determined appropriate by the Administrator.

8 ‘‘(11) RESPONSIBILITIES OF THE BOARD.—

9 ‘‘(A) IN GENERAL.—The Board shall pro10 vide recommendations to the Administrator re11 garding the implementation of this section.

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) review implementation of this sec16 tion (including use of least toxic pes17 ticides); and

18 ‘‘(ii) review and make recommenda19 tions to the Administrator with respect to

20 new proposed active and inert ingredients

21 or proposed amendments to the list in ac22 cordance with subsection (d).

23 ‘‘(C) TECHNICAL ADVISORY PANELS.—

24 ‘‘(i) IN GENERAL.—The Board shall

25 convene technical advisory panels to pro-
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1 vide scientific evaluations of the materials

2 considered for inclusion on the list.

3 ‘‘(ii) COMPOSITION.—A panel de4 scribed in clause (i) shall include experts

5 on integrated pest management, children’s

6 health, entomology, health sciences, and

7 other relevant disciplines.

8 ‘‘(D) SPECIAL REVIEW.—

9 ‘‘(i) IN GENERAL.—Not later than 2

10 years after the initial meeting of the

11 Board, the Board shall review, with the as12 sistance of a technical advisory panel, pes13 ticides used in school buildings and on

14 school grounds for their acute toxicity and

15 chronic effects, including cancer,

16 mutations, birth defects, reproductive dys17 function, neurological and immune system

18 effects, and endocrine system disruption.

19 ‘‘(ii) DETERMINATION.—The Board—

20 ‘‘(I) shall determine whether the

21 use of pesticides described in clause

22 (i) may endanger the health of chil23 dren; and

24 ‘‘(II) may recommend to the Ad25 ministrator restrictions on pesticide
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1 use in school buildings and on school

2 grounds.

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

4 proposed list, the Board shall—

5 ‘‘(A) review available information from the

6 Environmental Protection Agency, the National

7 Institute of Environmental Health Studies,

8 medical and scientific literature, and such other

9 sources as appropriate, concerning the potential

10 for adverse human and environmental effects of

11 substances considered for inclusion in the pro12 posed list; and

13 ‘‘(B) cooperate with manufacturers of sub14 stances considered for inclusion in the proposed

15 list to obtain a complete list of ingredients and

16 determine that such substances contain inert

17 ingredients that are generally recognized as

18 safe.

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

20 procedures under which individuals may petition the

21 Board for the purpose of evaluating substances for

22 inclusion on the list.

23 ‘‘(14) PERIODIC REVIEW.—
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1 ‘‘(A) IN GENERAL.—The Board shall re2 view each substance included on the list at least

3 once during each 5-year period beginning on—

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

5 initially included on the list; or

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

7 substance under this subsection.

8 ‘‘(B) SUBMISSION TO ADMINISTRATOR.—

9 The Board shall submit the results of a review

10 under subparagraph (A) to the Administrator

11 with a recommendation as to whether the sub12 stance should continue to be included on the

13 list.

14 ‘‘(15) CONFIDENTIALITY.—Any business sen15 sitive material obtained by the Board in carrying out

16 this section shall be treated as confidential business

17 information by the Board and shall not be released

18 to the public.

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

20 REVIEW.—

21 ‘‘(1) IN GENERAL.—The Board shall rec22 ommend to the Administrator a list of least toxic

23 pesticides (including the pesticides described in sub24 section (a)(7)) that may be used as least toxic pes25 ticides, any restrictions on the use of the listed pes-
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1 ticides, and any recommendations regarding restric2 tions on all other pesticides, in accordance with this

3 section.

4 ‘‘(2) PROCEDURE FOR EVALUATING PESTICIDE

5 USE.—

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

7 ‘‘(i) IN GENERAL.—The Administrator

8 shall establish a list of least toxic pes9 ticides that may be used in school build10 ings and on school grounds, including any

11 restrictions on the use of the pesticides,

12 that is based on the list prepared by the

13 Board.

14 ‘‘(ii) REGULATORY REVIEW.—The Ad15 ministrator shall initiate regulatory review

16 of all other pesticides recommended for re17 striction by the Board.

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

19 1 year after receiving the proposed list and re20 strictions, and recommended restrictions on all

21 other pesticides from the Board, the Adminis22 trator shall—

23 ‘‘(i) publish the proposed list and re24 strictions and all other proposed pesticide

25 restrictions in the Federal Register and
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1 seek public comment on the proposed pro2 posals; and

3 ‘‘(ii) after evaluating all comments re4 ceived concerning the proposed list and re5 strictions, but not later than 1 year after

6 the close of the period during which public

7 comments are accepted, publish the final

8 list and restrictions in the Federal Reg9 ister, together with a discussion of com10 ments received.

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

12 after publication of the final list and restric13 tions, the Administrator shall make a deter14 mination and issue findings on whether use of

15 registered pesticides in school buildings and on

16 school grounds may endanger the health of chil17 dren.

18 ‘‘(D) NOTICE AND COMMENT.—

19 ‘‘(i) IN GENERAL.—Prior to estab20 lishing or making amendments to the list,

21 the Administrator shall publish the pro22 posed list or any proposed amendments to

23 the list in the Federal Register and seek

24 public comment on the proposals.
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1 ‘‘(ii) RECOMMENDATIONS.—The Ad2 ministrator shall include in any publication

3 described in clause (i) any changes or

4 amendments to the proposed list that are

5 recommended to and by the Administrator.

6 ‘‘(E) PUBLICATION OF LIST.—After evalu7 ating all comments received concerning the pro8 posed list or proposed amendments to the list,

9 the Administrator shall publish the final list in

10 the Federal Register, together with a descrip11 tion of comments received.

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

13 ‘‘(1) ESTABLISHMENT.—The Administrator

14 shall appoint an official for school pest management

15 within the Office of Pesticide Programs of the Envi16 ronmental Protection Agency to coordinate the de17 velopment and implementation of integrated pest

18 management systems in schools.

19 ‘‘(2) DUTIES.—The official shall—

20 ‘‘(A) coordinate the development of school

21 integrated pest management systems and poli22 cies;

23 ‘‘(B) consult with schools concerning—

24 ‘‘(i) issues related to the integrated

25 pest management systems of schools;
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1 ‘‘(ii) the use of least toxic pesticides;

2 and

3 ‘‘(iii) the registration of pesticides,

4 and amendments to the registrations, as

5 the registrations and amendments relate to

6 the use of integrated pest management

7 systems in schools; and

8 ‘‘(C) support and provide technical assist9 ance to the Board.

10 ‘‘(f) CONTACT PERSON.—

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

12 agency of a school district shall designate a contact

13 person for carrying out an integrated pest manage14 ment system in schools in the school district.

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

16 district shall—

17 ‘‘(A) maintain information about pesticide

18 applications inside and outside schools within

19 the school district, in school buildings, and on

20 school grounds;

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

22 the integrated pest management system;

23 ‘‘(C) maintain material safety data sheets

24 and labels for all pesticides that may be used in

25 the school district;
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1 ‘‘(D) be informed of Federal and State

2 chemical health and safety information and con3 tact information;

4 ‘‘(E) maintain scheduling of all pesticide

5 usage for schools in the school district;

6 ‘‘(F) maintain contact with Federal and

7 State integrated pest management system ex8 perts; and

9 ‘‘(G) obtain periodic updates and training

10 from State integrated pest management system

11 experts.

12 ‘‘(3) PESTICIDE USE DATA.—A local edu13 cational agency of a school district shall—

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

15 each school in the school district; and

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

17 to the public for review.

18 ‘‘(g) NOTICE OF INTEGRATED PEST MANAGEMENT

19 SYSTEM.—

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

21 school year, each local educational agency or school

22 of a school district shall include a notice of the inte23 grated pest management system of the school dis24 trict in school calendars or other forms of universal

25 notification.
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1 ‘‘(2) CONTENTS.—The notice shall include a de2 scription of—

3 ‘‘(A) the integrated pest management sys4 tem of the school district;

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

6 toxic pesticide) or bait station that may be used

7 in a school building or on a school ground as

8 part of the integrated pest management system;

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

10 number of the contact person of the school dis11 trict;

12 ‘‘(D) a statement that—

13 ‘‘(i) the contact person maintains the

14 product label and material safety data

15 sheet of each pesticide (including each

16 least toxic pesticide) and bait station that

17 may be used by a school in buildings or

18 on school grounds;

19 ‘‘(ii) the label and data sheet is avail20 able for review by a parent, guardian, staff

21 member, or student attending the school;

22 and

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

24 parents, guardians, and staff members for

25 information and comment; and
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1 ‘‘(E) the time and place of any meetings

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

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

4 agency or school may use a pesticide during a school

5 year only if the use of the pesticide has been dis6 closed in the notice required under paragraph (1) at

7 the beginning of the school year.

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

9 the beginning of each school year, a local educational

10 agency or school of a school district shall provide the

11 notice required under this subsection to—

12 ‘‘(A) each new staff member who is em13 ployed during the school year; and

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

15 student enrolled during the school year.

16 ‘‘(h) USE OF PESTICIDES.—

17 ‘‘(1) IN GENERAL.—If a local educational agen18 cy or school determines that a pest in the school or

19 on school grounds cannot be controlled after having

20 used the integrated pest management system of the

21 school or school district and least toxic pesticides,

22 the school may use a pesticide (other than space

23 spraying of the pesticide) to control the pest in ac24 cordance with this subsection.
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1 ‘‘(2) PRIOR NOTIFICATION OF PARENTS,

2 GUARDIANS, AND STAFF MEMBERS.—

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

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

5 pesticide (other than a least toxic pesticide) is

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

7 parent or guardian of each student enrolled at

8 the school and each staff member of the school,

9 notice that includes—

10 ‘‘(i) the common name, trade name,

11 and Environmental Protection Agency reg12 istration number of the pesticide;

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

14 the application of the pesticide;

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

16 time of application, except that, in the case

17 of outdoor pesticide applications, 1 notice

18 shall include 3 dates, in chronological

19 order, that the outdoor pesticide applica20 tions may take place if the preceding date

21 is canceled;

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

23 Pesticide Programs of the United States

24 Environmental Protection Agency has stat25 ed: ‘Where possible, persons who poten-
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1 tially are sensitive, such as pregnant

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

3 should avoid any unnecessary pesticide ex4 posure.’;

5 ‘‘(v) a description of potential adverse

6 effects of the pesticide based on the mate7 rial safety data sheet of the pesticide;

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

9 the application of the pesticide;

10 ‘‘(vii) the name and telephone number

11 of the contact person of the school district;

12 and

13 ‘‘(viii) any additional warning infor14 mation related to the pesticide.

15 ‘‘(B) METHOD OF NOTIFICATION.—The

16 school may provide the notice required by sub17 paragraph (A) by—

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

19 student and provided to the staff member;

20 ‘‘(ii) a telephone call;

21 ‘‘(iii) direct contact; or

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

23 week before the application.

24 ‘‘(C) REISSUANCE.—If the date of the ap25 plication of the pesticide needs to be extended
29

•S 1716 IS

1 beyond the period required for notice under this

2 paragraph, the school shall reissue the notice

3 under this paragraph for the new date of appli4 cation.

5 ‘‘(3) POSTING OF SIGNS.—

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

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

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

9 school, the school shall post a sign that provides

10 notice of the application of the pesticide—

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

12 adjacent to the location to be treated; and

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

14 or school ground to be treated.

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

16 under subparagraph (A) for the application of

17 a pesticide shall—

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

19 hours after the end of the treatment;

‘‘(ii) be at least 8 1 20 ⁄2 inches by 11

21 inches; and

22 ‘‘(iii) state the same information as

23 that required for prior notification of the

24 application under paragraph (2).
30

•S 1716 IS

1 ‘‘(C) OUTDOOR PESTICIDE APPLICA2 TIONS.—

3 ‘‘(i) IN GENERAL.—In the case of out4 door pesticide applications, each sign shall

5 include 3 dates, in chronological order,

6 that the outdoor pesticide application may

7 take place if the preceding date is canceled

8 due to weather.

9 ‘‘(ii) DURATION OF POSTING.—A sign

10 described in clause (i) shall be posted after

11 an outdoor pesticide application in accord12 ance with subparagraph (B).

13 ‘‘(4) ADMINISTRATION.—

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

15 (3) shall apply to any person that applies a pes16 ticide in a school or on a school ground, includ17 ing a custodian, staff member, or commercial

18 applicator.

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

20 (3) shall apply to a school—

21 ‘‘(i) during the school year; and

22 ‘‘(ii) during holidays and the summer

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

24 provided to all staff members and the par-
31

•S 1716 IS

1 ents or guardians of the students that are

2 using the school in an authorized manner.

3 ‘‘(5) EMERGENCIES.—

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

5 pesticide (other than a least toxic pesticide) in

6 the school or on school grounds without com7 plying with paragraphs (2) and (3) in an emer8 gency, subject to subparagraph (B).

9 ‘‘(B) SUBSEQUENT NOTIFICATION OF PAR10 ENTS, GUARDIANS, AND STAFF MEMBERS.—Not

11 later than the earlier of the time that is 24

12 hours after a school applies a pesticide under

13 this paragraph or on the morning of the next

14 school day, the school shall provide to each par15 ent or guardian of a student enrolled at the

16 school, and staff member of the school, notice

17 of the application of the pesticide for emergency

18 pest control that includes—

19 ‘‘(i) the information required for a no20 tice under paragraph (2)(A);

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

22 the factors that qualified the problem as

23 an emergency that threatened the health or

24 safety of a student or staff member; and
32

•S 1716 IS

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

2 school will take in the future to avoid

3 emergency application of a pesticide under

4 this paragraph.

5 ‘‘(C) METHOD OF NOTIFICATION.—The

6 school may provide the notice required by sub7 paragraph (B) by—

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

9 student and provided to the staff member;

10 ‘‘(ii) a telephone call; or

11 ‘‘(iii) direct contact.

12 ‘‘(D) POSTING OF SIGNS.—A school apply13 ing a pesticide under this paragraph shall post

14 a sign warning of the pesticide application in

15 accordance with paragraph (3).

16 ‘‘(E) MODIFICATION OF INTEGRATED PEST

17 MANAGEMENT PLANS.—If a school in a school

18 district applies a pesticide under this para19 graph, the local educational agency of the

20 school district shall modify the integrated pest

21 management plan of the school district to mini22 mize the future applications of pesticides under

23 this paragraph.

24 ‘‘(6) DRIFT OF PESTICIDES ONTO SCHOOL

25 GROUND.—Each local educational agency, State pes-
33

•S 1716 IS

1 ticide lead agency, and the Administrator are en2 couraged to—

3 ‘‘(A) identify sources of pesticides that

4 drift from treated land to school grounds of the

5 educational agency; and

6 ‘‘(B) take steps necessary to create an in7 door and outdoor school environment that are

8 protected from pesticides described in subpara9 graph (A).

10 ‘‘(i) MEETINGS.—

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

12 school year, at the beginning of each new calendar

13 year, and at a regularly scheduled meeting of a

14 school board, each local educational agency shall

15 provide an opportunity for the contact person des16 ignated under subsection (d) to receive and address

17 public comments regarding the integrated pest man18 agement system of the school district.

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

20 meeting of a school board to address a pesticide ap21 plication may be called under locally appropriate

22 procedures for convening emergency meetings.

23 ‘‘(j) INVESTIGATIONS AND ORDERS.—
34

•S 1716 IS

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

2 after receiving a complaint of a violation of this sec3 tion, the Administrator shall—

4 ‘‘(A) conduct an investigation of the com5 plaint;

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

7 believe the complaint has merit; and

8 ‘‘(C) notify the complainant and the per9 son alleged to have committed the violation of

10 the findings of the Administrator.

11 ‘‘(2) PRELIMINARY ORDER.—If the Adminis12 trator determines it is reasonable to believe a viola13 tion occurred, the Administrator shall issue a pre14 liminary order (that includes findings) to impose the

15 penalty described in subsection (j).

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

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

18 days after the preliminary order is issued under

19 paragraph (2), the complainant and the person

20 alleged to have committed the violation may—

21 ‘‘(i) file objections to the preliminary

22 order (including findings); and

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

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

25 requested within 30 days after the preliminary
35

•S 1716 IS

1 order is issued, the preliminary order shall be

2 final and not subject to judicial review.

3 ‘‘(4) HEARING.—A hearing under this sub4 section shall be conducted expeditiously.

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

6 after the end of the hearing, the Administrator shall

7 issue a final order.

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

9 final order is issued, the proceeding may be termi10 nated by a settlement agreement, which shall remain

11 open, entered into by the Administrator, the com12 plainant, and the person alleged to have committed

13 the violation.

14 ‘‘(7) COSTS.—

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

16 issues a final order against a school or school

17 district for violation of this section and the

18 complainant requests, the Administrator may

19 assess against the person against whom the

20 order is issued the costs (including attorney’s

21 fees) reasonably incurred by the complainant in

22 bringing the complaint.

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

24 determine the amount of the costs that were

25 reasonably incurred by the complainant.
36

•S 1716 IS

1 ‘‘(8) JUDICIAL REVIEW AND VENUE.—

2 ‘‘(A) IN GENERAL.—A person adversely af3 fected by an order issued after a hearing under

4 this subsection may file a petition for review

5 not later than 60 days after the date that the

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

7 States or other United States court for any dis8 trict in which a local educational agency or

9 school is found, resides, or transacts business.

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

11 and decided expeditiously.

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

13 the Administrator subject to review under this

14 paragraph shall not be subject to judicial review

15 in a criminal or other civil proceeding.

16 ‘‘(k) CIVIL PENALTY.—

17 ‘‘(1) IN GENERAL.—Any local educational agen18 cy, school, or person that violates this section may

19 be assessed a civil penalty by the Administrator

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

21 more than $10,000 for each offense.

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

23 provided in subsection (i)(4)(B), civil penalties col24 lected under paragraph (1) shall be deposited in the

25 Fund.
37

•S 1716 IS

1 ‘‘(l) INTEGRATED PEST MANAGEMENT TRUST

2 FUND.—

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

4 the Treasury of the United States a trust fund to

5 be known as the ‘Integrated Pest Management

6 Trust Fund’, consisting of—

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

8 subsection (j)(2);

9 ‘‘(B) amounts transferred to the Secretary

10 of the Treasury for deposit into the Fund under

11 paragraph (5); and

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

13 amounts in the Fund under paragraph (3).

14 ‘‘(2) EXPENDITURES FROM FUND.—

15 ‘‘(A) IN GENERAL.—Subject to subpara16 graph (B), on request by the Administrator, the

17 Secretary of the Treasury shall transfer from

18 the Fund to the Administrator, without further

19 appropriation, such amounts as the Secretary

20 determines are necessary to provide funds to

21 each State educational agency of a State, in

22 proportion to the amount of civil penalties col23 lected in the State under subsection (j)(1), to

24 carry out education, training, propagation, and

25 development activities under integrated pest
38

•S 1716 IS

1 management systems of schools in the State to

2 remedy the harmful effects of actions taken by

3 the persons that paid the civil penalties.

4 ‘‘(B) ADMINISTRATIVE EXPENSES.—An

5 amount not to exceed 6 percent of the amounts

6 in the Fund shall be available for each fiscal

7 year to pay the administrative expenses nec8 essary to carry out this subsection.

9 ‘‘(3) INVESTMENT OF AMOUNTS.—

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

11 Treasury shall invest such portion of the Fund

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

13 the Treasury, required to meet current with14 drawals. Investments may be made only in in15 terest-bearing obligations of the United States.

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

17 the purpose of investments under subparagraph

18 (A), obligations may be acquired—

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

20 price; or

21 ‘‘(ii) by purchase of outstanding obli22 gations at the market price.

23 ‘‘(C) SALE OF OBLIGATIONS.—Any obliga24 tion acquired by the Fund may be sold by the

25 Secretary of the Treasury at the market price.
39

•S 1716 IS

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

2 and the proceeds from the sale or redemption

3 of, any obligations held in the Fund shall be

4 credited to and form a part of the Fund.

5 ‘‘(4) TRANSFERS OF AMOUNTS.—

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

7 to be transferred to the Fund under this sub8 section shall be transferred at least monthly

9 from the general fund of the Treasury to the

10 Fund on the basis of estimates made by the

11 Secretary of the Treasury.

12 ‘‘(B) ADJUSTMENTS.—Proper adjustment

13 shall be made in amounts subsequently trans14 ferred to the extent prior estimates were in ex15 cess of or less than the amounts required to be

16 transferred.

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

18 The Secretary may accept and use donations to

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

20 the Secretary in the form of donations shall be

21 transferred to the Secretary of the Treasury for de22 posit into the Fund.

23 ‘‘(m) EMPLOYEE PROTECTION.—

24 ‘‘(1) IN GENERAL.—No local educational agen25 cy, school, or person may harass, prosecute, hold lia-
40

•S 1716 IS

1 ble, or discriminate against any employee or other

2 person because the employee or other person—

3 ‘‘(A) is assisting or demonstrating an in4 tent to assist in achieving compliance with this

5 section (including any regulation);

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

7 violation of this section (including any regula8 tion); or

9 ‘‘(C) has commenced, caused to be com10 menced, or is about to commence a proceeding,

11 has testified or is about to testify at a pro12 ceeding, or has assisted or participated or is

13 about to participate in any manner in such a

14 proceeding or in any other action to carry out

15 this section.

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

17 an alleged violation occurred, an employee or other

18 person alleging a violation of this section, or another

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

20 complaint with the Administrator.

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

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

23 educational agency, school, or person violated para24 graph (1), the Administrator shall order the local

25 educational agency, school, or person to—
41

•S 1716 IS

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

2 violation;

3 ‘‘(B reinstate the complainant to the

4 former position with the same pay and terms

5 and privileges of employment; and

6 ‘‘(C) pay compensatory damages, including

7 back pay.

8 ‘‘(n) GRANTS.—

9 ‘‘(1) IN GENERAL.—The Administrator, in con10 sultation with the Secretary of Education, shall pro11 vide grants to local educational agencies to develop

12 and implement integrated pest management systems

13 in schools in the school district of the local edu14 cational agencies.

15 ‘‘(2) AMOUNT.—The amount of a grant pro16 vided to a local educational agency of a school dis17 trict under paragraph (1) shall be based on the ratio

18 that the number of students enrolled in schools in

19 the school district bears to the total number of stu20 dents enrolled in schools in all school districts in the

21 United States.

22 ‘‘(o) RELATIONSHIP TO STATE AND LOCAL REQUIRE23 MENTS.—This section (including regulations promulgated

24 under this section) shall not preempt requirements im25 posed on local educational agencies and schools related to
42

•S 1716 IS

1 the use of integrated pest management by State or local

2 law (including regulations) that are more stringent than

3 the requirements imposed under this section.

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

5 Administrator shall promulgate such regulations as are

6 necessary to carry out this section.

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

8 than 6 years after the date of enactment of this section,

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

10 least toxic pesticide under this subsection, shall be used

11 in a school or on school grounds unless the Administrator

12 has met the deadlines and requirements of this section.

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

14 are authorized to be appropriated to carry out this section

15 $7,000,000 for each of fiscal years 2000 through 2004.’’.

16 SEC. 4. CONFORMING AMENDMENT.

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

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

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

20 sections 30 through 32 and inserting the following:

‘‘Sec. 30. Minimum requirements for training of maintenance applicators and

service technicians.

‘‘Sec. 31. Environmental Protection Agency minor use program.

‘‘Sec. 32. Department of Agriculture minor use program.

‘‘(a) In general.

‘‘(b)(1) Minor use pesticide data.

‘‘(2) Minor Use Pesticide Data Revolving Fund.

‘‘Sec. 33. Integrated pest management systems for schools.

‘‘(a) Definitions.

‘‘(1) Board.

‘‘(2) Contact person.

‘‘(3) Crack and crevice treatment.
43

•S 1716 IS

‘‘(4) Emergency.

‘‘(5) Fund.

‘‘(6) Integrated pest management system.

‘‘(7) Least toxic pesticides.

‘‘(8) List.

‘‘(9) Local educational agency.

‘‘(10) Official.

‘‘(11) Person.

‘‘(12) Pesticide.

‘‘(13) School.

‘‘(14) School ground.

‘‘(15) Space spraying.

‘‘(16) Staff member.

‘‘(17) State educational agency.

‘‘(18) Universal notification.

‘‘(b) Integrated pest management systems.

‘‘(1) In general.

‘‘(2) Implementation.

‘‘(3) State programs.

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

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

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

‘‘(1) In general.

‘‘(2) Composition of Board.

‘‘(3) Appointment.

‘‘(4) Term.

‘‘(5) Meetings.

‘‘(6) Compensation.

‘‘(7) Chairperson.

‘‘(8) Quorum.

‘‘(9) Decisive votes.

‘‘(10) Administration.

‘‘(11) Responsibilities of the Board.

‘‘(12) Requirements.

‘‘(13) Petitions.

‘‘(14) Periodic review.

‘‘(15) Confidentiality.

‘‘(d) List of Least Toxic Pesticides.

‘‘(1) In general.

‘‘(2) Procedure for evaluating pesticide use.

‘‘(e) Office of Pesticide Programs.

‘‘(1) Establishment.

‘‘(2) Duties.

‘‘(f) Contact person.

‘‘(1) In general.

‘‘(2) Duties.

‘‘(3) Pesticide use data.

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

‘‘(1) In general.

‘‘(2) Contents.

‘‘(3) Use of pesticides.

‘‘(4) New employees and students.

‘‘(h) Use of pesticides.

‘‘(1) In general.

‘‘(2) Prior notification of parents, guardians, and staff members.
44

•S 1716 IS

‘‘(3) Posting of signs.

‘‘(4) Administration.

‘‘(5) Emergencies.

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

‘‘(i) Meetings.

‘‘(1) In general.

‘‘(2) Emergency meetings.

‘‘(j) Investigations and orders.

‘‘(1) In general.

‘‘(2) Preliminary order.

‘‘(3) Objections to preliminary order.

‘‘(4) Hearing.

‘‘(5) Final order.

‘‘(6) Settlement agreement.

‘‘(7) Costs.

‘‘(8) Judicial review and venue.

‘‘(k) Civil penalty.

‘‘(1) In general.

‘‘(2) Transfer to Trust Fund.

‘‘(l) Integrated Pest Management Trust Fund.

‘‘(1) Establishment.

‘‘(2) Expenditures from Fund.

‘‘(3) Investment of amounts.

‘‘(4) Transfers of amounts.

‘‘(5) Acceptance and use of donations.

‘‘(m) Employee protection.

‘‘(1) In general.

‘‘(2) Complaints.

‘‘(3) Remedial action.

‘‘(n) Grants.

‘‘(1) In general.

‘‘(2) Amount.

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

‘‘(p) Regulations.

‘‘(q) Restriction on pesticide use.

‘‘(r) Authorization of appropriations.

‘‘Sec. 34. Severability.

‘‘Sec. 35. Authorization of appropriations.’’.

1 SEC. 5. EFFECTIVE DATE.

2 This Act and the amendments made by this Act take

3 effect on October 1, 1999.

Æ