from the general fund of the Treasury to the 
Fund on the basis of estimates made by the 
Secretary of the Treasury. 
‘‘(B) ADJUSTMENTS.—Proper adjustment 
shall be made in amounts subsequently trans-
ferred to the extent prior estimates were in ex-
cess of or less than the amounts required to be 
transferred. 
‘‘(5) ACCEPTANCE AND USE OF DONATIONS.— 
The Secretary may accept and use donations to 
carry out paragraph (2)(A). Amounts received by 
the Secretary in the form of donations shall be 
transferred to the Secretary of the Treasury for de-
posit into the Fund. 
‘‘(m) EMPLOYEE PROTECTION.— 
‘‘(1) IN GENERAL.—No local educational agen-
cy, school, or person may harass, prosecute, hold lia-
ble, or discriminate against any employee or other 
person because the employee or other person— 
‘‘(A) is assisting or demonstrating an in-
tent to assist in achieving compliance with this 
section (including any regulation); 
‘‘(B) is refusing to violate or assist in the 
violation of this section (including any regula-
tion); or
‘‘(C) has commenced, caused to be com-
menced, or is about to commence a proceeding, 
has testified or is about to testify at a pro-
ceeding, or has assisted or participated or is 
about to participate in any manner in such a 
proceeding or in any other action to carry out 
this section. 
‘‘(2) COMPLAINTS.—Not later than 1 year after 
an alleged violation occurred, an employee or other 
person alleging a violation of this section, or another 
person at the request of the employee, may file a 
complaint with the Administrator. 
‘‘(3) REMEDIAL ACTION.—If the Administrator 
decides, on the basis of a complaint, that a local 
educational agency, school, or person violated para-
graph (1), the Administrator shall order the local 
educational agency, school, or person to— 
‘‘(A) take affirmative action to abate the 
violation; 
‘‘(B) reinstate the complainant to the 
former position with the same pay and terms 
and privileges of employment; and 
‘‘(C) pay compensatory damages, including 
back pay. 
‘‘(n) GRANTS.—
‘‘(1) IN GENERAL.—The Administrator, in con-
sultation with the Secretary of Education, shall pro-
vide grants to local educational agencies to develop 
and implement integrated pest management systems 
in schools in the school district of the local edu-
cational agencies. 
‘‘(2) AMOUNT.—The amount of a grant pro-
vided to a local educational agency of a school dis-
trict under paragraph (1) shall be based on the ratio 
that the number of students enrolled in schools in 
the school district bears to the total number of stu-
dents enrolled in schools in all school districts in the 
United States. 
‘‘(o) RELATIONSHIP TO STATE AND LOCAL REQUIRE-
MENTS.—This section (including regulations promulgated 
under this section) shall not preempt requirements im-
posed on local educational agencies and schools related to 
the use of integrated pest management by State or local 
law (including regulations) that are more stringent than 
the requirements imposed under this section. 
‘‘(p) REGULATIONS.—Subject to subsection (m), the 
Administrator shall promulgate such regulations as are 
necessary to carry out this section. 
‘‘(q) RESTRICTION ON PESTICIDE USE.—Not later 
than 6 years after the date of enactment of this section,
no pesticide, other than a pesticide that is defined as a 
least toxic pesticide under this subsection, shall be used 
in a school or on school grounds unless the Administrator 
has met the deadlines and requirements of this section. 
‘‘(r) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
$7,000,000 for each of fiscal years 2005 through 2009.’’. 
SEC. 4. CONFORMING AMENDMENT. 
The table of contents in section 1(b) of the Federal 
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 
prec. 121) is amended by striking the items relating to 
sections 34 and 35 and inserting the following: 
‘‘Sec. 34. Integrated pest management systems for schools. 
‘‘(a) Definitions. 
‘‘(1) Board. 
‘‘(2) Contact person. 
‘‘(3) Crack and crevice treatment. 
‘‘(4) Emergency. 
‘‘(5) Fund. 
‘‘(6) Integrated pest management system. 
‘‘(7) Least toxic pesticides. 
‘‘(8) List. 
‘‘(9) Local educational agency. 
‘‘(10) Official. 
‘‘(11) Person. 
‘‘(12) Pesticide. 
‘‘(13) School. 
‘‘(14) School ground. 
‘‘(15) Space spraying. 
‘‘(16) Staff member. 
‘‘(17) State educational agency. 
‘‘(18) Universal notification. 
‘‘(b) Integrated pest management systems. 
‘‘(1) In general. 
‘‘(2) Implementation. 
‘‘(3) State programs. 
‘‘(4) Application to schools and school grounds. 
‘‘(5) Application of pesticides when schools in use. 
‘‘(c) National School Integrated Pest Management Advisory Board 
‘‘(1) In general. 
‘‘(2) Composition of Board.
‘‘(3) Appointment. 
‘‘(4) Term. 
‘‘(5) Meetings. 
‘‘(6) Compensation. 
‘‘(7) Chairperson. 
‘‘(8) Quorum. 
‘‘(9) Decisive votes. 
‘‘(10) Administration. 
‘‘(11) Responsibilities of the Board. 
‘‘(12) Requirements. 
‘‘(13) Petitions. 
‘‘(14) Periodic review. 
‘‘(15) Confidentiality. 
‘‘(d) List of Least Toxic Pesticides. 
‘‘(1) In general. 
‘‘(2) Procedure for evaluating pesticide use. 
‘‘(e) Office of Pesticide Programs. 
‘‘(1) Establishment. 
‘‘(2) Duties. 
‘‘(f) Contact person. 
‘‘(1) In general. 
‘‘(2) Duties. 
‘‘(3) Pesticide use data. 
‘‘(g) Notice of Integrated Pest Management System. 
‘‘(1) In general. 
‘‘(2) Contents. 
‘‘(3) Use of pesticides. 
‘‘(4) New employees and students. 
‘‘(h) Use of pesticides. 
‘‘(1) In general. 
‘‘(2) Prior notification of parents, guardians, and staff members. 
‘‘(3) Posting of signs. 
‘‘(4) Administration. 
‘‘(5) Emergencies. 
‘‘(6) Drift of pesticides onto school ground. 
‘‘(i) Meetings. 
‘‘(1) In general. 
‘‘(2) Emergency meetings. 
‘‘(j) Investigations and orders. 
‘‘(1) In general. 
‘‘(2) Preliminary order. 
‘‘(3) Objections to preliminary order. 
‘‘(4) Hearing. 
‘‘(5) Final order. 
‘‘(6) Settlement agreement. 
‘‘(7) Costs. 
‘‘(8) Judicial review and venue. 
‘‘(k) Civil penalty. 
‘‘(1) In general. 
‘‘(2) Transfer to Trust Fund. 
‘‘(l) Integrated Pest Management Trust Fund. 
‘‘(1) Establishment. 
‘‘(2) Expenditures from Fund. 
‘‘(3) Investment of amounts. 
‘‘(4) Transfers of amounts.