‘‘(B) TIMING.—The review shall be heard
and decided expeditiously.
‘‘(C) COLLATERAL REVIEW.—An order of
the Administrator subject to review under this
paragraph shall not be subject to judicial review
in a criminal or other civil proceeding.
‘‘(k) CIVIL PENALTY.—
‘‘(1) IN GENERAL.—Any local educational agen-
cy, school, or person that violates this section may
be assessed a civil penalty by the Administrator
under subsections (h) and (i), respectively, of not
more than $10,000 for each offense.
‘‘(2) TRANSFER TO TRUST FUND.—Except as
provided in subsection (i)(4)(B), civil penalties col-
lected under paragraph (1) shall be deposited in the
Fund.
‘‘(l) INTEGRATED
PEST
MANAGEMENT
TRUST
FUND.—
‘‘(1) ESTABLISHMENT.—There is established in
the Treasury of the United States a trust fund to
be known as the ‘Integrated Pest Management
Trust Fund’, consisting of—
‘‘(A) amounts deposited in the Fund under
subsection (j)(2);
‘‘(B) amounts transferred to the Secretary
of the Treasury for deposit into the Fund under
paragraph (5); and
‘‘(C) any interest earned on investment of
amounts in the Fund under paragraph (3).
‘‘(2) EXPENDITURES FROM FUND.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), on request by the Administrator, the
Secretary of the Treasury shall transfer from
the Fund to the Administrator, without further
appropriation, such amounts as the Secretary
determines are necessary to provide funds to
each State educational agency of a State, in
proportion to the amount of civil penalties col-
lected in the State under subsection (j)(1), to
carry out education, training, propagation, and
development activities under integrated pest
management systems of schools in the State to
remedy the harmful effects of actions taken by
the persons that paid the civil penalties.
‘‘(B) 
ADMINISTRATIVE
EXPENSES.—An
amount not to exceed 6 percent of the amounts
in the Fund shall be available for each fiscal
year to pay the administrative expenses nec-
essary to carry out this subsection.
‘‘(3) INVESTMENT OF AMOUNTS.—
‘‘(A) IN GENERAL.—The Secretary of the
Treasury shall invest such portion of the Fund
as is not, in the judgment of the Secretary of
the Treasury, required to meet current with-
drawals. Investments may be made only in in-
terest-bearing obligations of the United States.
‘‘(B) ACQUISITION OF OBLIGATIONS.—For
the purpose of investments under subparagraph
(A), obligations may be acquired—
‘‘(i) on original issue at the issue
price; or
‘‘(ii) by purchase of outstanding obli-
gations at the market price.
‘‘(C) SALE OF OBLIGATIONS.—Any obliga-
tion acquired by the Fund may be sold by the
Secretary of the Treasury at the market price.
‘‘(D) CREDITS TO FUND.—The interest on,
and the proceeds from the sale or redemption
of, any obligations held in the Fund shall be
credited to and form a part of the Fund.
‘‘(4) TRANSFERS OF AMOUNTS.—
‘‘(A) IN GENERAL.—The amounts required
to be transferred to the Fund under this sub-
section shall be transferred at least monthly
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 2000 through 2004.’’.
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 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.
‘‘(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.
‘‘(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.’’.
SEC. 5. EFFECTIVE DATE.
This Act and the amendments made by this Act take
effect on October 1, 1999.
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