I

107TH CONGRESS

1ST SESSION H. R. 111

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 HOUSE OF REPRESENTATIVES

JANUARY 3, 2001

Mr. HOLT 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 systems to minimize the use of pesticides in schools and

to provide parents, guardians, and employees with notice

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

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

3 SECTION 1. SHORT TITLE.

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

5 Protection Act of 2001’’.
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1 SEC. 2. FINDINGS.

2 Congress finds that—

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

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

7 using any pesticides;

8 (2) the National Education Association and

9 many other national public interest organizations

10 have announced support for reducing or eliminating

11 pesticide use in schools;

12 (3) childhood cancer is continuing to increase at

13 the alarming rate of 1 percent per year;

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

16 cancer the leading cause of childhood death from

17 disease;

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

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

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

22 (6) children are more susceptible to hazardous

23 impacts from pesticides than are adults;

24 (7) numerous scientific studies have linked both

25 cancer and asthma to pesticide exposure;
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1 (8) the Environmental Protection Agency has

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

4 emphasizes nonchemical ways of reducing pests,

5 such as sanitation and maintenance;

6 (9) integrated pest management—

7 (A) promotes nonchemical methods of pest

8 prevention and management using least toxic

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

11 (B) requires a notification process by

12 which each student, parent, guardian, staff

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

15 (10) parents and guardians have a right to

16 know that there is an integrated pest management

17 system in their children’s schools;

18 (11) an integrated pest management system

19 provides long-term health and economic benefits;

20 and

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

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

24 ‘‘(viii) materials for which the inert

25 ingredients are nontoxic and disclosed.
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1 ‘‘(B) EXCLUSIONS.—The term ‘least toxic

2 pesticides’ does not include a pesticide that is

3 determined by the Administrator to be an

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

6 developmental neurotoxin, endocrine disrupter,

7 or immune system toxin, and any application of

8 the pesticide using a broadcast spray, dust,

9 tenting, fogging, or baseboard spray applica10 tion.

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

12 least toxic pesticides established under subsection

13 (d).

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

15 ‘local educational agency’ has the meaning given the

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

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

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

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

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

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

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

4 ‘‘(12) PESTICIDE.—

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

6 means any substance or mixture of substances,

7 including herbicides and bait stations, intended

8 for—

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

10 or mitigating any pest;

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

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

14 a wetting agent or adhesive.

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

16 does not include antimicrobial agents such as

17 disinfectants or deodorizers used for cleaning

18 products.

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

20 public—

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

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

24 ‘‘(B) secondary school (as defined in sec25 tion 14101 of that Act); or
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1 ‘‘(C) kindergarten or nursery school.

2 ‘‘(14) SCHOOL GROUNDS.—

3 ‘‘(A) IN GENERAL.—The term ‘school

4 grounds’ means the area outside of the school

5 buildings controlled, managed, or owned by the

6 school or school district.

7 ‘‘(B) INCLUSIONS.—The term ‘school

8 grounds’ includes a lawn, playground, sports

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

11 ‘‘(15) SPACE SPRAYING.—

12 ‘‘(A) IN GENERAL.—The term ‘space

13 spraying’ means application of a pesticide by

14 discharge into the air throughout an inside

15 area.

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

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

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

22 ‘‘(16) STAFF MEMBER.—

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

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

3 other person that is regularly employed by a

4 school or local educational agency.

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

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

8 local educational agency, or State to apply

9 a pesticide; or

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

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

13 term ‘State educational agency’ has the meaning

14 given the term in section 14101 of the Elementary

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

16 8801).

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

18 ‘universal notification’ means notice provided by a

19 local educational agency or school to—

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

21 attending the school; and

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

23 educational agency.

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

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

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

10 district shall develop and implement in each of the

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

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

16 standards and criteria established under paragraph

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

20 in accordance with paragraph (2).

21 ‘‘(4) APPLICATION TO SCHOOLS AND SCHOOL

22 GROUNDS.—The requirements of this section that

23 apply to a school, including the requirement to im24 plement an integrated management system, apply to
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1 pesticide application in a school building and on the

2 school grounds.

3 ‘‘(5) APPLICATION OF PESTICIDES WHEN

4 SCHOOLS IN USE.—A school shall prohibit—

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

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

7 or

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

9 a pesticide, other than a least toxic pesticide,

10 during the 24-hour period beginning at the end

11 of the treatment.

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

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

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

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

22 toxic pesticides in schools; and

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

24 aspects of the implementation of this section.
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1 ‘‘(2) COMPOSITION OF BOARD.—The Board

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

4 ‘‘(A) Parents.

5 ‘‘(B) Public health care professionals.

6 ‘‘(C) Medical professionals.

7 ‘‘(D) State integrated pest management

8 system coordinators.

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

12 ‘‘(F) Environmental advocacy groups.

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

14 ‘‘(H) Trade organization for pest control

15 operators.

16 ‘‘(I) Teachers and staff members.

17 ‘‘(J) School maintenance staff.

18 ‘‘(K) School administrators.

19 ‘‘(L) School board members.

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

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

23 from nominations received from Parent Teacher As24 sociations, school districts, States, and other inter25 ested persons and organizations.
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1 ‘‘(4) TERM.—

2 ‘‘(A) IN GENERAL.—A member of the

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

4 that the Administrator may shorten the terms

5 of the original members of the Board in order

6 to provide for a staggered term of appointment

7 for all members of the Board.

8 ‘‘(B) CONSECUTIVE TERMS.—Subject to

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

10 not serve consecutive terms unless the term of

11 the member has been reduced by the Adminis12 trator.

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

14 member of the Board serve for more than 6

15 consecutive years.

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

17 convene—

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

19 later than 60 days after the appointment of the

20 members; and

21 ‘‘(B) subsequent meetings on a periodic

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

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

24 shall serve without compensation, but may be reim25 bursed by the Administrator for expenses (in accord-
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1 ance with section 5703 of title 5, United States

2 Code) incurred in performing duties as a member of

3 the Board.

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

5 Chairperson for the Board.

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

7 the Board shall constitute a quorum for the purpose

8 of conducting business.

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

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

11 is present shall be decisive for any motion.

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

13 ‘‘(A) shall—

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

15 staff director; and

16 ‘‘(ii) detail staff of the Environmental

17 Protection Agency, or allow for the hiring

18 of staff for the Board; and

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

21 by the Board in carrying out this subtitle, as

22 determined appropriate by the Administrator.

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

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

5 Not later than 1 year after the initial meeting

6 of the Board, the Board shall—

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

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

12 new proposed active and inert ingredients

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

15 ‘‘(C) TECHNICAL ADVISORY PANELS.—

16 ‘‘(i) IN GENERAL.—The Board shall

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

19 considered for inclusion on the list.

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

22 on integrated pest management, children’s

23 health, entomology, health sciences, and

24 other relevant disciplines.

25 ‘‘(D) SPECIAL REVIEW.—
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1 ‘‘(i) IN GENERAL.—Not later than 2

2 years after the initial meeting of the

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

6 school grounds for their acute toxicity and

7 chronic effects, including cancer,

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

10 effects, and endocrine system disruption.

11 ‘‘(ii) DETERMINATION.—The Board—

12 ‘‘(I) shall determine whether the

13 use of pesticides described in clause

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

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

18 use in school buildings and on school

19 grounds.

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

21 proposed list, the Board shall—

22 ‘‘(A) review available information from the

23 Environmental Protection Agency, the National

24 Institute of Environmental Health Studies,

25 medical and scientific literature, and such other
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1 sources as appropriate, concerning the potential

2 for adverse human and environmental effects of

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

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

7 list to obtain a complete list of ingredients and

8 determine that such substances contain inert

9 ingredients that are generally recognized as

10 safe.

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

12 procedures under which individuals may petition the

13 Board for the purpose of evaluating substances for

14 inclusion on the list.

15 ‘‘(14) PERIODIC REVIEW.—

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

18 once during each 5-year period beginning on—

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

20 initially included on the list; or

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

22 substance under this subsection.

23 ‘‘(B) SUBMISSION TO ADMINISTRATOR.—

24 The Board shall submit the results of a review

25 under subparagraph (A) to the Administrator
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1 with a recommendation as to whether the sub2 stance should continue to be included on the

3 list.

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

6 this section shall be treated as confidential business

7 information by the Board and shall not be released

8 to the public.

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

10 REVIEW.—

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

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

18 section.

19 ‘‘(2) PROCEDURE FOR EVALUATING PESTICIDE

20 USE.—

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

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

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

2 that is based on the list prepared by the

3 Board.

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

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

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

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

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

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

15 restrictions in the Federal Register and

16 seek public comment on the proposed pro17 posals; and

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

21 the close of the period during which public

22 comments are accepted, publish the final

23 list and restrictions in the Federal Reg24 ister, together with a discussion of com25 ments received.
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1 ‘‘(C) FINDINGS.—Not later than 2 years

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

5 registered pesticides in school buildings and on

6 school grounds may endanger the health of chil7 dren.

8 ‘‘(D) NOTICE AND COMMENT.—

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

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

13 the list in the Federal Register and seek

14 public comment on the proposals.

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

17 described in clause (i) any changes or

18 amendments to the proposed list that are

19 recommended to and by the Administrator.

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

23 the Administrator shall publish the final list in

24 the Federal Register, together with a descrip25 tion of comments received.
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1 ‘‘(e) OFFICE OF PESTICIDE PROGRAMS.—

2 ‘‘(1) ESTABLISHMENT.—The Administrator

3 shall appoint an official for school pest management

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

7 management systems in schools.

8 ‘‘(2) DUTIES.—The official shall—

9 ‘‘(A) coordinate the development of school

10 integrated pest management systems and poli11 cies;

12 ‘‘(B) consult with schools concerning—

13 ‘‘(i) issues related to the integrated

14 pest management systems of schools;

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

16 and

17 ‘‘(iii) the registration of pesticides,

18 and amendments to the registrations, as

19 the registrations and amendments relate to

20 the use of integrated pest management

21 systems in schools; and

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

24 ‘‘(f) CONTACT PERSON.—
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1 ‘‘(1) IN GENERAL.—Each local educational

2 agency of a school district shall designate a contact

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

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

6 district shall—

7 ‘‘(A) maintain information about pesticide

8 applications inside and outside schools within

9 the school district, in school buildings, and on

10 school grounds;

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

12 the integrated pest management system;

13 ‘‘(C) maintain material safety data sheets

14 and labels for all pesticides that may be used in

15 the school district;

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

17 chemical health and safety information and con18 tact information;

19 ‘‘(E) maintain scheduling of all pesticide

20 usage for schools in the school district;

21 ‘‘(F) maintain contact with Federal and

22 State integrated pest management system ex23 perts; and
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1 ‘‘(G) obtain periodic updates and training

2 from State integrated pest management system

3 experts.

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

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

7 each school in the school district; and

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

9 to the public for review.

10 ‘‘(g) NOTICE OF INTEGRATED PEST MANAGEMENT

11 SYSTEM.—

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

13 school year, each local educational agency or school

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

17 notification.

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

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

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

23 toxic pesticide) or bait station that may be used

24 in a school building or on a school ground as

25 part of the integrated pest management system;
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1 ‘‘(C) the name, address, and telephone

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

4 ‘‘(D) a statement that—

5 ‘‘(i) the contact person maintains the

6 product label and material safety data

7 sheet of each pesticide (including each

8 least toxic pesticide) and bait station that

9 may be used by a school in buildings or on

10 school grounds;

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

13 member, or student attending the school;

14 and

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

16 parents, guardians, and staff members for

17 information and comment; and

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

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

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

21 agency or school may use a pesticide during a school

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

24 the beginning of the school year.
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1 ‘‘(4) NEW EMPLOYEES AND STUDENTS.—After

2 the beginning of each school year, a local educational

3 agency or school of a school district shall provide the

4 notice required under this subsection to—

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

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

8 student enrolled during the school year.

9 ‘‘(h) USE OF PESTICIDES.—

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

12 on school grounds cannot be controlled after having

13 used the integrated pest management system of the

14 school or school district and least toxic pesticides,

15 the school may use a pesticide (other than space

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

18 ‘‘(2) PRIOR NOTIFICATION OF PARENTS,

19 GUARDIANS, AND STAFF MEMBERS.—

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

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

22 pesticide (other than a least toxic pesticide) is

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

24 parent or guardian of each student enrolled at
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1 the school and each staff member of the school,

2 notice that includes—

3 ‘‘(i) the common name, trade name,

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

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

7 the application of the pesticide;

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

9 time of application, except that, in the case

10 of outdoor pesticide applications, 1 notice

11 shall include 3 dates, in chronological

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

14 is canceled;

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

16 Pesticide Programs of the United States

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

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

21 should avoid any unnecessary pesticide ex22 posure.’;

23 ‘‘(v) a description of potential adverse

24 effects of the pesticide based on the mate25 rial safety data sheet of the pesticide;
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1 ‘‘(vi) a description of the reasons for

2 the application of the pesticide;

3 ‘‘(vii) the name and telephone number

4 of the contact person of the school district;

5 and

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

8 ‘‘(B) METHOD OF NOTIFICATION.—The

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

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

12 student and provided to the staff member;

13 ‘‘(ii) a telephone call;

14 ‘‘(iii) direct contact; or

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

16 week before the application.

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

19 beyond the period required for notice under this

20 paragraph, the school shall reissue the notice

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

23 ‘‘(3) POSTING OF SIGNS.—

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

25 (4) and (5), at least 72 hours before a pesticide
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1 (other than a least toxic pesticide) is used by a

2 school, the school shall post a sign that provides

3 notice of the application of the pesticide—

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

5 adjacent to the location to be treated; and

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

7 or school ground to be treated.

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

9 under subparagraph (A) for the application of

10 a pesticide shall—

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

12 hours after the end of the treatment;

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

14 inches; and

15 ‘‘(iii) state the same information as

16 that required for prior notification of the

17 application under paragraph (2).

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

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

22 include 3 dates, in chronological order,

23 that the outdoor pesticide application may

24 take place if the preceding date is canceled

25 due to weather.
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1 ‘‘(ii) DURATION OF POSTING.—A sign

2 described in clause (i) shall be posted after

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

5 ‘‘(4) ADMINISTRATION.—

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

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

10 applicator.

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

12 (3) shall apply to a school—

13 ‘‘(i) during the school year; and

14 ‘‘(ii) during holidays and the summer

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

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

18 using the school in an authorized manner.

19 ‘‘(5) EMERGENCIES.—

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

21 pesticide (other than a least toxic pesticide) in

22 the school or on school grounds without com23 plying with paragraphs (2) and (3) in an emer24 gency, subject to subparagraph (B).
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1 ‘‘(B) SUBSEQUENT NOTIFICATION OF PAR2 ENTS, GUARDIANS, AND STAFF MEMBERS.—Not

3 later than the earlier of the time that is 24

4 hours after a school applies a pesticide under

5 this paragraph or on the morning of the next

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

8 school, and staff member of the school, notice

9 of the application of the pesticide for emergency

10 pest control that includes—

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

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

14 the factors that qualified the problem as

15 an emergency that threatened the health or

16 safety of a student or staff member; and

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

18 school will take in the future to avoid

19 emergency application of a pesticide under

20 this paragraph.

21 ‘‘(C) METHOD OF NOTIFICATION.—The

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

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

25 student and provided to the staff member;
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1 ‘‘(ii) a telephone call; or

2 ‘‘(iii) direct contact.

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

5 a sign warning of the pesticide application in

6 accordance with paragraph (3).

7 ‘‘(E) MODIFICATION OF INTEGRATED PEST

8 MANAGEMENT PLANS.—If a school in a school

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

11 school district shall modify the integrated pest

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

14 this paragraph.

15 ‘‘(6) DRIFT OF PESTICIDES ONTO SCHOOL

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

19 ‘‘(A) identify sources of pesticides that

20 drift from treated land to school grounds of the

21 educational agency; and

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

24 protected from pesticides described in subpara25 graph (A).
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1 ‘‘(i) MEETINGS.—

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

3 school year, at the beginning of each new calendar

4 year, and at a regularly scheduled meeting of a

5 school board, each local educational agency shall

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

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

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

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

13 procedures for convening emergency meetings.

14 ‘‘(j) INVESTIGATIONS AND ORDERS.—

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

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

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

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

21 believe the complaint has merit; and

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

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

5 penalty described in subsection (j).

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

7 ‘‘(A) IN GENERAL.—Not later than 30

8 days after the preliminary order is issued under

9 paragraph (2), the complainant and the person

10 alleged to have committed the violation may—

11 ‘‘(i) file objections to the preliminary

12 order (including findings); and

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

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

15 requested within 30 days after the preliminary

16 order is issued, the preliminary order shall be

17 final and not subject to judicial review.

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

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

21 after the end of the hearing, the Administrator shall

22 issue a final order.

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

24 final order is issued, the proceeding may be termi25 nated by a settlement agreement, which shall remain
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1 open, entered into by the Administrator, the com2 plainant, and the person alleged to have committed

3 the violation.

4 ‘‘(7) COSTS.—

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

6 issues a final order against a school or school

7 district for violation of this section and the

8 complainant requests, the Administrator may

9 assess against the person against whom the

10 order is issued the costs (including attorney’s

11 fees) reasonably incurred by the complainant in

12 bringing the complaint.

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

14 determine the amount of the costs that were

15 reasonably incurred by the complainant.

16 ‘‘(8) JUDICIAL REVIEW AND VENUE.—

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

19 this subsection may file a petition for review

20 not later than 60 days after the date that the

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

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

24 school is found, resides, or transacts business.
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1 ‘‘(B) TIMING.—The review shall be heard

2 and decided expeditiously.

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

4 the Administrator subject to review under this

5 paragraph shall not be subject to judicial review

6 in a criminal or other civil proceeding.

7 ‘‘(k) CIVIL PENALTY.—

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

10 be assessed a civil penalty by the Administrator

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

12 more than $10,000 for each offense.

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

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

16 Fund.

17 ‘‘(l) INTEGRATED PEST MANAGEMENT TRUST

18 FUND.—

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

20 the Treasury of the United States a trust fund to

21 be known as the ‘Integrated Pest Management

22 Trust Fund’, consisting of—

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

24 subsection (j)(2);
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1 ‘‘(B) amounts transferred to the Secretary

2 of the Treasury for deposit into the Fund under

3 paragraph (5); and

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

5 amounts in the Fund under paragraph (3).

6 ‘‘(2) EXPENDITURES FROM FUND.—

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

9 Secretary of the Treasury shall transfer from

10 the Fund to the Administrator, without further

11 appropriation, such amounts as the Secretary

12 determines are necessary to provide funds to

13 each State educational agency of a State, in

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

16 carry out education, training, propagation, and

17 development activities under integrated pest

18 management systems of schools in the State to

19 remedy the harmful effects of actions taken by

20 the persons that paid the civil penalties.

21 ‘‘(B) ADMINISTRATIVE EXPENSES.—An

22 amount not to exceed 6 percent of the amounts

23 in the Fund shall be available for each fiscal

24 year to pay the administrative expenses nec25 essary to carry out this subsection.
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1 ‘‘(3) INVESTMENT OF AMOUNTS.—

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

3 Treasury shall invest such portion of the Fund

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

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

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

9 the purpose of investments under subparagraph

10 (A), obligations may be acquired—

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

12 price; or

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

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

17 Secretary of the Treasury at the market price.

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

19 and the proceeds from the sale or redemption

20 of, any obligations held in the Fund shall be

21 credited to and form a part of the Fund.

22 ‘‘(4) TRANSFERS OF AMOUNTS.—

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

24 to be transferred to the Fund under this sub25 section shall be transferred at least monthly
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1 from the general fund of the Treasury to the

2 Fund on the basis of estimates made by the

3 Secretary of the Treasury.

4 ‘‘(B) ADJUSTMENTS.—Proper adjustment

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

8 transferred.

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

10 The Secretary may accept and use donations to

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

12 the Secretary in the form of donations shall be

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

15 ‘‘(m) EMPLOYEE PROTECTION.—

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

19 person because the employee or other person—

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

22 section (including any regulation);

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

24 violation of this section (including any regula25 tion); or
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1 ‘‘(C) has commenced, caused to be com2 menced, or is about to commence a proceeding,

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

5 about to participate in any manner in such a

6 proceeding or in any other action to carry out

7 this section.

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

9 an alleged violation occurred, an employee or other

10 person alleging a violation of this section, or another

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

12 complaint with the Administrator.

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

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

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

17 educational agency, school, or person to—

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

19 violation;

20 ‘‘(B reinstate the complainant to the

21 former position with the same pay and terms

22 and privileges of employment; and

23 ‘‘(C) pay compensatory damages, including

24 back pay.

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

4 and implement integrated pest management systems

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

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

10 that the number of students enrolled in schools in

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

13 United States.

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

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

18 the use of integrated pest management by State or local

19 law (including regulations) that are more stringent than

20 the requirements imposed under this section.

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

22 Administrator shall promulgate such regulations as are

23 necessary to carry out this section.

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

25 than 6 years after the date of enactment of this section,
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1 no pesticide, other than a pesticide that is defined as a

2 least toxic pesticide under this subsection, shall be used

3 in a school or on school grounds unless the Administrator

4 has met the deadlines and requirements of this section.

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

6 are authorized to be appropriated to carry out this section

7 $7,000,000 for each of fiscal years 2001 through 2005.’’.

8 SEC. 4. CONFORMING AMENDMENT.

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

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

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

12 sections 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.

‘‘(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.
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‘‘(2) Implementation.

‘‘(3) State programs.

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

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

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

‘‘(1) In general.

‘‘(2) Composition of Board.

‘‘(3) Appointment.

‘‘(4) Term.

‘‘(5) Meetings.

‘‘(6) Compensation.

‘‘(7) Chairperson.

‘‘(8) Quorum.

‘‘(9) Decisive votes.

‘‘(10) Administration.

‘‘(11) Responsibilities of the Board.

‘‘(12) Requirements.

‘‘(13) Petitions.

‘‘(14) Periodic review.

‘‘(15) Confidentiality.

‘‘(d) List of Least Toxic Pesticides.

‘‘(1) In general.

‘‘(2) Procedure for evaluating pesticide use.

‘‘(e) Office of Pesticide Programs.

‘‘(1) Establishment.

‘‘(2) Duties.

‘‘(f) Contact person.

‘‘(1) In general.

‘‘(2) Duties.

‘‘(3) Pesticide use data.

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

‘‘(1) In general.

‘‘(2) Contents.

‘‘(3) Use of pesticides.

‘‘(4) New employees and students.

‘‘(h) Use of pesticides.

‘‘(1) In general.

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

‘‘(3) Posting of signs.

‘‘(4) Administration.

‘‘(5) Emergencies.

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

‘‘(i) Meetings.

‘‘(1) In general.

‘‘(2) Emergency meetings.

‘‘(j) Investigations and orders.

‘‘(1) In general.

‘‘(2) Preliminary order.

‘‘(3) Objections to preliminary order.

‘‘(4) Hearing.

‘‘(5) Final order.

‘‘(6) Settlement agreement.

‘‘(7) Costs.

‘‘(8) Judicial review and venue.

‘‘(k) Civil penalty.
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‘‘(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, 2000.

Æ