177
‘‘(2) CONTACT
PERSON.—The term ‘contact 
person’ means an individual who is—
‘‘(A) knowledgeable about integrated pest 
management systems; and 
‘‘(B) designated by a local educational 
agency as the contact person under subsection 
(f). 
‘‘(3) CRACK AND CREVICE TREATMENT.—The 
term ‘crack and crevice treatment’ means the appli-
cation of small quantities of a pesticide in a building 
into openings such as those commonly found at ex-
pansion joints, between levels of construction, and 
between equipment and floors. 
‘‘(4) 
EMERGENCY.—The 
term 
‘emergency’ 
means an urgent need to mitigate or eliminate a 
pest that threatens the health or safety of a student 
or staff member. 
‘‘(5) FUND.—The term ‘Fund’ means the Inte-
grated Pest Management Trust Fund established 
under subsection (m). 
‘‘(6) INTEGRATED
PEST
MANAGEMENT
SYS-
TEM.—The term ‘integrated pest management sys-
tem’ means a managed pest control system that—
‘‘(A) eliminates or mitigates economic, 
health, and aesthetic damage caused by pests;
178
‘‘(B) uses—
‘‘(i) integrated methods; 
‘‘(ii) site or pest inspections; 
‘‘(iii) pest population monitoring; 
‘‘(iv) an evaluation of the need for 
pest control; and 
‘‘(v) 1 or more pest control methods, 
including sanitation, structural repair, me-
chanical and biological controls, other non-
chemical methods, and (if nontoxic options 
are unreasonable and have been exhausted) 
least toxic pesticides; and 
‘‘(C) minimizes—
‘‘(i) the use of pesticides; and 
‘‘(ii) the risk to human health and the 
environment associated with pesticide ap-
plications. 
‘‘(7) LEAST TOXIC PESTICIDES.—
‘‘(A) IN GENERAL.—The term ‘least toxic 
pesticides’ means—
‘‘(i) 
boric 
acid 
and 
disodium 
octoborate tetrahydrate; 
‘‘(ii) silica gels; 
‘‘(iii) diatomaceous earth;
179
‘‘(iv) nonvolatile insect and rodent 
baits in tamper resistant containers or for 
crack and crevice treatment only; 
‘‘(v) microbe-based insecticides; 
‘‘(vi) botanical insecticides (not in-
cluding synthetic pyrethroids) without toxic 
synergists; 
‘‘(vii) biological, living control agents; 
and 
‘‘(viii) materials for which the inert 
ingredients are nontoxic and disclosed. 
‘‘(B) EXCLUSIONS.—The term ‘least toxic 
pesticides’ does not include a pesticide that is 
determined by the Administrator to be an 
acutely or moderately toxic pesticide, car-
cinogen, mutagen, teratogen, reproductive toxin, 
developmental neurotoxin, endocrine disrupter, 
or immune system toxin, and any application of 
the pesticide using a broadcast spray, dust, 
tenting, fogging, or baseboard spray applica-
tion. 
‘‘(8) LIST.—The term ‘list’ means the list of 
least toxic pesticides established under subsection 
(d).
180
‘‘(9) LOCAL EDUCATIONAL AGENCY.—The term 
‘local educational agency’ has the meaning given the 
term in section 9101 of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 7801). 
‘‘(10) OFFICIAL.—The term ‘official’ means the 
official appointed by the Administrator under sub-
section (e). 
‘‘(11) PERSON.—The term ‘person’ means—
‘‘(A) an individual that attends, has chil-
dren enrolled in, works at, or uses a school; 
‘‘(B) a resident of a school district; and 
‘‘(C) any other individual that may be af-
fected by pest management activities of a 
school. 
‘‘(12) PESTICIDE.—
‘‘(A) IN GENERAL.—The term ‘pesticide’ 
means any substance or mixture of substances, 
including herbicides and bait stations, intended 
for—
‘‘(i) preventing, destroying, repelling, 
or mitigating any pest; 
‘‘(ii) use as a plant regulator, defo-
liant, or desiccant; or 
‘‘(iii) use as a spray adjuvant such as 
a wetting agent or adhesive.
181
‘‘(B) EXCLUSION.—The term ‘pesticide’ 
does not include antimicrobial agents such as 
disinfectants or deodorizers used for cleaning 
products. 
‘‘(13) SCHOOL.—The term ‘school’ means a 
public—
‘‘(A) elementary school (as defined in sec-
tion 9101 of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7801)); 
‘‘(B) secondary school (as defined in sec-
tion 9101 of that Act); or 
‘‘(C) kindergarten or nursery school. 
‘‘(14) SCHOOL GROUNDS.—
‘‘(A) IN
GENERAL.—The term ‘school 
grounds’ means the area outside of the school 
buildings controlled, managed, or owned by the 
school or school district. 
‘‘(B) 
INCLUSIONS.—The 
term 
‘school 
grounds’ includes a lawn, playground, sports 
field, and any other property or facility con-
trolled, managed, owned, or leased for use for 
a school-sponsored event, by a school. 
‘‘(15) SPACE SPRAYING.—
‘‘(A) IN
GENERAL.—The term ‘space 
spraying’ means application of a pesticide by
182
discharge into the air throughout an inside 
area. 
‘‘(B) INCLUSION.—The term ‘space spray-
ing’ includes the application of a pesticide using 
a broadcast spray, dust, tenting, or fogging. 
‘‘(C) EXCLUSION.—The term ‘space spray-
ing’ does not include crack and crevice treat-
ment. 
‘‘(16) STAFF MEMBER.—
‘‘(A) IN GENERAL.—The term ‘staff mem-
ber’ means an employee of a school or local 
educational agency. 
‘‘(B) INCLUSIONS.—The term ‘staff mem-
ber’ includes an administrator, teacher, and 
other person that is regularly employed by a 
school or local educational agency. 
‘‘(C) EXCLUSIONS.—The term ‘staff mem-
ber’ does not include—
‘‘(i) an employee hired by a school, 
local educational agency, or State to apply 
a pesticide; or 
‘‘(ii) a person assisting in the applica-
tion of a pesticide. 
‘‘(17) STATE
EDUCATIONAL
AGENCY.—The 
term ‘State educational agency’ has the meaning
183
given the term in section 14101 of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 
8801). 
‘‘(18) UNIVERSAL
NOTIFICATION.—The term 
‘universal notification’ means notice provided by a 
local educational agency or school to—
‘‘(A) all parents or guardians of children 
attending the school; and 
‘‘(B) staff members of the school or local 
educational agency. 
‘‘(b) INTEGRATED PEST MANAGEMENT SYSTEMS.—
‘‘(1) IN GENERAL.—The Administrator, in con-
sultation with the Secretary of Education, shall es-
tablish a National School Integrated Pest Manage-
ment Advisory System to develop and update uni-
form standards and criteria for implementing inte-
grated pest management systems in schools. 
‘‘(2) IMPLEMENTATION.—Not later than 18 
months after the date of enactment of this sub-
section, each local educational agency of a school 
district shall develop and implement in each of the 
schools in the school district an integrated pest man-
agement system that complies with this section. 
‘‘(3) STATE PROGRAMS.—If, on the date of en-
actment of this section, a State maintains an inte-
184
grated pest management system that meets the 
standards and criteria established under paragraph 
(1) (as determined by the Board), a local edu-
cational agency in the State may continue to imple-
ment the system in a school or in the school district 
in accordance with paragraph (2). 
‘‘(4) APPLICATION TO SCHOOLS AND SCHOOL 
GROUNDS.—The requirements of this section that 
apply to a school, including the requirement to im-
plement an integrated management system, apply to 
pesticide application in a school building and on the 
school grounds. 
‘‘(5) 
APPLICATION
OF
PESTICIDES
WHEN 
SCHOOLS IN USE.—A school shall prohibit—
‘‘(A) the application of a pesticide when a 
school or school grounds are occupied or in use; 
or 
‘‘(B) the use of an area or room treated by 
a pesticide, other than a least toxic pesticide, 
during the 24-hour period beginning at the end 
of the treatment. 
‘‘(c) NATIONAL SCHOOL INTEGRATED PEST MAN-
AGEMENT ADVISORY BOARD.—
‘‘(1) IN GENERAL.—The Administrator, in con-
sultation with the Secretary of Education, shall es-
185
tablish a National School Integrated Pest Manage-
ment Advisory Board to— 
‘‘(A) establish uniform standards and cri-
teria for developing integrated pest manage-
ment systems and policies in schools; 
‘‘(B) develop standards for the use of least 
toxic pesticides in schools; and 
‘‘(C) advise the Administrator on any other 
aspects of the implementation of this section. 
‘‘(2) COMPOSITION
OF
BOARD.—The Board 
shall be composed of 12 members and include 1 rep-
resentative from each of the following groups: 
‘‘(A) Parents. 
‘‘(B) Public health care professionals.
‘‘(C) Medical professionals. 
‘‘(D) State integrated pest management 
system coordinators. 
‘‘(E) Independent integrated pest manage-
ment specialists that have carried out school in-
tegrated pest management programs. 
‘‘(F) Environmental advocacy groups. 
‘‘(G) Children’s health advocacy groups. 
‘‘(H) Trade organization for pest control 
operators. 
‘‘(I) Teachers and staff members.
186
‘‘(J) School maintenance staff. 
‘‘(K) School administrators. 
‘‘(L) School board members. 
‘‘(3) APPOINTMENT.—Not later than 180 days 
after the date of enactment of this section, the Ad-
ministrator shall appoint members of the Board 
from nominations received from Parent Teacher As-
sociations, school districts, States, and other inter-
ested persons and organizations. 
‘‘(4) TERM.—
‘‘(A) IN
GENERAL.—A member of the 
Board shall serve for a term of 5 years, except 
that the Administrator may shorten the terms 
of the original members of the Board in order 
to provide for a staggered term of appointment 
for all members of the Board. 
‘‘(B) CONSECUTIVE
TERMS.—Subject to 
subparagraph (C), a member of the Board shall 
not serve consecutive terms unless the term of 
the member has been reduced by the Adminis-
trator. 
‘‘(C) MAXIMUM TERM.—In no event may a 
member of the Board serve for more than 6 
consecutive years.
187
‘‘(5) MEETINGS.—The Administrator shall con-
vene— 
‘‘(A) an initial meeting of the Board not 
later than 60 days after the appointment of the 
members; and 
‘‘(B) subsequent meetings on a periodic 
basis, but not less often than 2 times each year. 
‘‘(6) COMPENSATION.—A member of the Board 
shall serve without compensation, but may be reim-
bursed by the Administrator for expenses (in accord-
ance with section 5703 of title 5, United States 
Code) incurred in performing duties as a member of 
the Board. 
‘‘(7) CHAIRPERSON.—The Board shall select a 
Chairperson for the Board. 
‘‘(8) QUORUM.—A majority of the members of 
the Board shall constitute a quorum for the purpose 
of conducting business. 
‘‘(9) DECISIVE VOTES.—Two-thirds of the votes 
cast at a meeting of the Board at which a quorum 
is present shall be decisive for any motion. 
‘‘(10) ADMINISTRATION.—The Administrator— 
‘‘(A) shall— 
‘‘(i) authorize the Board to hire a 
staff director; and
188
‘‘(ii) detail staff of the Environmental 
Protection Agency, or allow for the hiring 
of staff for the Board; and 
‘‘(B) subject to the availability of appro-
priations, may pay necessary expenses incurred 
by the Board in carrying out this subtitle, as 
determined appropriate by the Administrator. 
‘‘(11) RESPONSIBILITIES OF THE BOARD.—
‘‘(A) IN GENERAL.—The Board shall pro-
vide recommendations to the Administrator re-
garding the implementation of this section. 
‘‘(B) LIST OF LEAST TOXIC PESTICIDES.—
Not later than 1 year after the initial meeting 
of the Board, the Board shall— 
‘‘(i) review implementation of this sec-
tion (including use of least toxic pes-
ticides); and 
‘‘(ii) review and make recommenda-
tions to the Administrator with respect to 
new proposed active and inert ingredients 
or proposed amendments to the list in ac-
cordance with subsection (d). 
‘‘(C) TECHNICAL ADVISORY PANELS.—
‘‘(i) IN GENERAL.—The Board shall 
convene technical advisory panels to pro-
189
vide scientific evaluations of the materials 
considered for inclusion on the list. 
‘‘(ii) 
COMPOSITION.—A 
panel 
de-
scribed in clause (i) shall include experts 
on integrated pest management, children’s 
health, entomology, health sciences, and 
other relevant disciplines. 
‘‘(D) SPECIAL REVIEW.—
‘‘(i) IN GENERAL.—Not later than 2 
years after the initial meeting of the 
Board, the Board shall review, with the as-
sistance of a technical advisory panel, pes-
ticides used in school buildings and on 
school grounds for their acute toxicity and 
chronic 
effects, 
including 
cancer, 
mutations, birth defects, reproductive dys-
function, neurological and immune system 
effects, and endocrine system disruption. 
‘‘(ii) DETERMINATION.—The Board— 
‘‘(I) shall determine whether the 
use of pesticides described in clause 
(i) may endanger the health of chil-
dren; and 
‘‘(II) may recommend to the Ad-
ministrator restrictions on pesticide
190
use in school buildings and on school 
grounds. 
‘‘(12) REQUIREMENTS.—In establishing the 
proposed list, the Board shall—
‘‘(A) review available information from the 
Environmental Protection Agency, the National 
Institute of Environmental Health Studies, 
medical and scientific literature, and such other 
sources as appropriate, concerning the potential 
for adverse human and environmental effects of 
substances considered for inclusion in the pro-
posed list; and 
‘‘(B) cooperate with manufacturers of sub-
stances considered for inclusion in the proposed 
list to obtain a complete list of ingredients and 
determine that such substances contain inert 
ingredients that are generally recognized as 
safe. 
‘‘(13) PETITIONS.—The Board shall establish 
procedures under which individuals may petition the 
Board for the purpose of evaluating substances for 
inclusion on the list. 
‘‘(14) PERIODIC REVIEW.—
191
‘‘(A) IN GENERAL.—The Board shall re-
view each substance included on the list at least 
once during each 5-year period beginning on— 
‘‘(i) the date that the substance was 
initially included on the list; or 
‘‘(ii) the date of the last review of the 
substance under this subsection. 
‘‘(B) SUBMISSION
TO
ADMINISTRATOR.—
The Board shall submit the results of a review 
under subparagraph (A) to the Administrator 
with a recommendation as to whether the sub-
stance should continue to be included on the 
list. 
‘‘(15) CONFIDENTIALITY.—Any business sen-
sitive material obtained by the Board in carrying out 
this section shall be treated as confidential business 
information by the Board and shall not be released 
to the public. 
‘‘(d) LIST OF LEAST TOXIC PESTICIDES; PESTICIDE 
REVIEW.—
‘‘(1) IN
GENERAL.—The Board shall rec-
ommend to the Administrator a list of least toxic 
pesticides (including the pesticides described in sub-
section (a)(7)) that may be used as least toxic pes-
ticides, any restrictions on the use of the listed pes-
192
ticides, and any recommendations regarding restric-
tions on all other pesticides, in accordance with this 
section. 
‘‘(2) PROCEDURE FOR EVALUATING PESTICIDE 
USE.—
‘‘(A) LIST OF LEAST TOXIC PESTICIDES.—
‘‘(i) IN GENERAL.—The Administrator 
shall establish a list of least toxic pes-
ticides that may be used in school build-
ings and on school grounds, including any 
restrictions on the use of the pesticides, 
that is based on the list prepared by the 
Board. 
‘‘(ii) REGULATORY REVIEW.—The Ad-
ministrator shall initiate regulatory review 
of all other pesticides recommended for re-
striction by the Board. 
‘‘(B) RECOMMENDATIONS.—Not later than 
1 year after receiving the proposed list and re-
strictions, and recommended restrictions on all 
other pesticides from the Board, the Adminis-
trator shall—
‘‘(i) publish the proposed list and re-
strictions and all other proposed pesticide 
restrictions in the Federal Register and
193
seek public comment on the proposed pro-
posals; and 
‘‘(ii) after evaluating all comments re-
ceived concerning the proposed list and re-
strictions, but not later than 1 year after 
the close of the period during which public 
comments are accepted, publish the final 
list and restrictions in the Federal Reg-
ister, together with a discussion of com-
ments received. 
‘‘(C) FINDINGS.—Not later than 2 years 
after publication of the final list and restric-
tions, the Administrator shall make a deter-
mination and issue findings on whether use of 
registered pesticides in school buildings and on 
school grounds may endanger the health of chil-
dren. 
‘‘(D) NOTICE AND COMMENT.—
‘‘(i) IN
GENERAL.—Prior to estab-
lishing or making amendments to the list, 
the Administrator shall publish the pro-
posed list or any proposed amendments to 
the list in the Federal Register and seek 
public comment on the proposals.
194
‘‘(ii) RECOMMENDATIONS.—The Ad-
ministrator shall include in any publication 
described in clause (i) any changes or 
amendments to the proposed list that are 
recommended to and by the Administrator. 
‘‘(E) PUBLICATION OF LIST.—After evalu-
ating all comments received concerning the pro-
posed list or proposed amendments to the list, 
the Administrator shall publish the final list in 
the Federal Register, together with a descrip-
tion of comments received. 
‘‘(e) OFFICE OF PESTICIDE PROGRAMS.—
‘‘(1) 
ESTABLISHMENT.—The 
Administrator 
shall appoint an official for school pest management 
within the Office of Pesticide Programs of the Envi-
ronmental Protection Agency to coordinate the de-
velopment and implementation of integrated pest 
management systems in schools. 
‘‘(2) DUTIES.—The official shall—
‘‘(A) coordinate the development of school 
integrated pest management systems and poli-
cies; 
‘‘(B) consult with schools concerning—
‘‘(i) issues related to the integrated 
pest management systems of schools;
195
‘‘(ii) the use of least toxic pesticides; 
and 
‘‘(iii) the registration of pesticides, 
and amendments to the registrations, as 
the registrations and amendments relate to 
the use of integrated pest management 
systems in schools; and 
‘‘(C) support and provide technical assist-
ance to the Board. 
‘‘(f) CONTACT PERSON.—
‘‘(1) IN
GENERAL.—Each local educational 
agency of a school district shall designate a contact 
person for carrying out an integrated pest manage-
ment system in schools in the school district. 
‘‘(2) DUTIES.—The contact person of a school 
district shall—
‘‘(A) maintain information about pesticide 
applications inside and outside schools within 
the school district, in school buildings, and on 
school grounds; 
‘‘(B) act as a contact for inquiries about 
the integrated pest management system; 
‘‘(C) maintain material safety data sheets 
and labels for all pesticides that may be used in 
the school district;
196
‘‘(D) be informed of Federal and State 
chemical health and safety information and con-
tact information; 
‘‘(E) maintain scheduling of all pesticide 
usage for schools in the school district; 
‘‘(F) maintain contact with Federal and 
State integrated pest management system ex-
perts; and 
‘‘(G) obtain periodic updates and training 
from State integrated pest management system 
experts. 
‘‘(3) PESTICIDE
USE
DATA.—A local edu-
cational agency of a school district shall—
‘‘(A) maintain all pesticide use data for 
each school in the school district; and 
‘‘(B) on request, make the data available 
to the public for review. 
‘‘(g) NOTICE OF INTEGRATED PEST MANAGEMENT 
SYSTEM.—
‘‘(1) IN GENERAL.—At the beginning of each 
school year, each local educational agency or school 
of a school district shall include a notice of the inte-
grated pest management system of the school dis-
trict in school calendars or other forms of universal 
notification.
197
‘‘(2) CONTENTS.—The notice shall include a de-
scription of—
‘‘(A) the integrated pest management sys-
tem of the school district; 
‘‘(B) any pesticide (including any least 
toxic pesticide) or bait station that may be used 
in a school building or on school grounds as 
part of the integrated pest management system; 
‘‘(C) the name, address, and telephone 
number of the contact person of the school dis-
trict; 
‘‘(D) a statement that—
‘‘(i) the contact person maintains the 
product label and material safety data 
sheet of each pesticide (including each 
least toxic pesticide) and bait station that 
may be used by a school in buildings or on 
school grounds; 
‘‘(ii) the label and data sheet is avail-
able for review by a parent, guardian, staff 
member, or student attending the school; 
and 
‘‘(iii) the contact person is available to 
parents, guardians, and staff members for 
information and comment; and
198
‘‘(E) the time and place of any meetings 
that will be held under subsection (g)(1). 
‘‘(3) USE OF PESTICIDES.—A local educational 
agency or school may use a pesticide during a school 
year only if the use of the pesticide has been dis-
closed in the notice required under paragraph (1) at 
the beginning of the school year. 
‘‘(4) NEW EMPLOYEES AND STUDENTS.—After 
the beginning of each school year, a local educational 
agency or school of a school district shall provide the 
notice required under this subsection to—
‘‘(A) each new staff member who is em-
ployed during the school year; and 
‘‘(B) the parent or guardian of each new 
student enrolled during the school year. 
‘‘(h) USE OF PESTICIDES.—
‘‘(1) IN GENERAL.—If a local educational agen-
cy or school determines that a pest in the school or 
on school grounds cannot be controlled after having 
used the integrated pest management system of the 
school or school district and least toxic pesticides, 
the school may use a pesticide (other than space 
spraying of the pesticide) to control the pest in ac-
cordance with this subsection.
199
‘‘(2) 
PRIOR
NOTIFICATION
OF
PARENTS, 
GUARDIANS, AND STAFF MEMBERS.—
‘‘(A) IN GENERAL.—Subject to paragraphs 
(4) and (5), not less than 72 hours before a 
pesticide (other than a least toxic pesticide) is 
used by a school, the school shall provide to a 
parent or guardian of each student enrolled at 
the school and each staff member of the school, 
notice that includes—
‘‘(i) the common name, trade name, 
and Environmental Protection Agency reg-
istration number of the pesticide; 
‘‘(ii) a description of the location of 
the application of the pesticide; 
‘‘(iii) a description of the date and 
time of application, except that, in the case 
of outdoor pesticide applications, 1 notice 
shall include 3 dates, in chronological 
order, that the outdoor pesticide applica-
tions may take place if the preceding date 
is canceled; 
‘‘(iv) a statement that ‘The Office of 
Pesticide Programs of the United States 
Environmental Protection Agency has stat-
ed: ‘Where possible, persons who poten-
200
tially are sensitive, such as pregnant 
women and infants (less than 2 years old), 
should avoid any unnecessary pesticide ex-
posure.’; 
‘‘(v) a description of potential adverse 
effects of the pesticide based on the mate-
rial safety data sheet of the pesticide; 
‘‘(vi) a description of the reasons for 
the application of the pesticide; 
‘‘(vii) the name and telephone number 
of the contact person of the school district; 
and 
‘‘(viii) any additional warning infor-
mation related to the pesticide. 
‘‘(B) METHOD
OF
NOTIFICATION.—The 
school may provide the notice required by sub-
paragraph (A) by—
‘‘(i) written notice sent home with the 
student and provided to the staff member; 
‘‘(ii) a telephone call; 
‘‘(iii) direct contact; or 
‘‘(iv) written notice mailed at least 1 
week before the application. 
‘‘(C) REISSUANCE.—If the date of the ap-
plication of the pesticide needs to be extended
201
beyond the period required for notice under this 
paragraph, the school shall reissue the notice 
under this paragraph for the new date of appli-
cation. 
‘‘(3) POSTING OF SIGNS.—
‘‘(A) IN GENERAL.—Subject to paragraphs 
(4) and (5), at least 72 hours before a pesticide 
(other than a least toxic pesticide) is used by a 
school, the school shall post a sign that provides 
notice of the application of the pesticide— 
‘‘(i) in a prominent place that is in or 
adjacent to the location to be treated; and 
‘‘(ii) at each entrance to the building 
or school grounds to be treated. 
‘‘(B) ADMINISTRATION.—A sign required 
under subparagraph (A) for the application of 
a pesticide shall—
‘‘(i) remain posted for at least 72 
hours after the end of the treatment; 
‘‘(ii) be at least 8 1⁄2 inches by 11 
inches; and 
‘‘(iii) state the same information as 
that required for prior notification of the 
application under paragraph (2).
202
‘‘(C) 
OUTDOOR
PESTICIDE
APPLICA-
TIONS.—
‘‘(i) IN GENERAL.—In the case of out-
door pesticide applications, each sign shall 
include 3 dates, in chronological order, 
that the outdoor pesticide application may 
take place if the preceding date is canceled 
due to weather. 
‘‘(ii) DURATION OF POSTING.—A sign 
described in clause (i) shall be posted after 
an outdoor pesticide application in accord-
ance with subparagraph (B). 
‘‘(4) ADMINISTRATION.—
‘‘(A) APPLICATORS.—Paragraphs (2) and 
(3) shall apply to any person that applies a pes-
ticide in a school or on school grounds, includ-
ing a custodian, staff member, or commercial 
applicator. 
‘‘(B) TIME OF YEAR.—Paragraphs (2) and 
(3) shall apply to a school—
‘‘(i) during the school year; and 
‘‘(ii) during holidays and the summer 
months, if the school is in use, with notice 
provided to all staff members and the par-
203
ents or guardians of the students that are 
using the school in an authorized manner. 
‘‘(5) EMERGENCIES.—
‘‘(A) IN GENERAL.—A school may apply a 
pesticide (other than a least toxic pesticide) in 
the school or on school grounds without com-
plying with paragraphs (2) and (3) in an emer-
gency, subject to subparagraph (B). 
‘‘(B) SUBSEQUENT NOTIFICATION OF PAR-
ENTS, GUARDIANS, AND STAFF MEMBERS.—Not 
later than the earlier of the time that is 24 
hours after a school applies a pesticide under 
this paragraph or on the morning of the next 
school day, the school shall provide to each par-
ent or guardian of a student enrolled at the 
school, and staff member of the school, notice 
of the application of the pesticide for emergency 
pest control that includes—
‘‘(i) the information required for a no-
tice under paragraph (2)(A); 
‘‘(ii) a description of the problem and 
the factors that qualified the problem as 
an emergency that threatened the health or 
safety of a student or staff member; and
204
‘‘(iii) a description of the steps the 
school will take in the future to avoid 
emergency application of a pesticide under 
this paragraph. 
‘‘(C) METHOD
OF
NOTIFICATION.—The 
school may provide the notice required by sub-
paragraph (B) by—
‘‘(i) written notice sent home with the 
student and provided to the staff member; 
‘‘(ii) a telephone call; or 
‘‘(iii) direct contact. 
‘‘(D) POSTING OF SIGNS.—A school apply-
ing a pesticide under this paragraph shall post 
a sign warning of the pesticide application in 
accordance with paragraph (3). 
‘‘(E) MODIFICATION OF INTEGRATED PEST 
MANAGEMENT PLANS.—If a school in a school 
district applies a pesticide under this para-
graph, the local educational agency of the 
school district shall modify the integrated pest 
management plan of the school district to mini-
mize the future applications of pesticides under 
this paragraph. 
‘‘(6) DRIFT
OF
PESTICIDES
ONTO
SCHOOL 
GROUNDS.—Each local educational agency, State
205
pesticide lead agency, and the Administrator are en-
couraged to—
‘‘(A) identify sources of pesticides that 
drift from treated land to school grounds of the 
educational agency; and 
‘‘(B) take steps necessary to create an in-
door and outdoor school environment that are 
protected from pesticides described in subpara-
graph (A). 
‘‘(i) MEETINGS.—
‘‘(1) IN GENERAL.—Before the beginning of a 
school year, at the beginning of each new calendar 
year, and at a regularly scheduled meeting of a 
school board, each local educational agency shall 
provide an opportunity for the contact person des-
ignated under subsection (d) to receive and address 
public comments regarding the integrated pest man-
agement system of the school district. 
‘‘(2) EMERGENCY
MEETINGS.—An emergency 
meeting of a school board to address a pesticide ap-
plication may be called under locally appropriate 
procedures for convening emergency meetings. 
‘‘(j) INVESTIGATIONS AND ORDERS.—
206
‘‘(1) IN
GENERAL.—Not later than 60 days 
after receiving a complaint of a violation of this sec-
tion, the Administrator shall—
‘‘(A) conduct an investigation of the com-
plaint; 
‘‘(B) determine whether it is reasonable to 
believe the complaint has merit; and 
‘‘(C) notify the complainant and the per-
son alleged to have committed the violation of 
the findings of the Administrator. 
‘‘(2) PRELIMINARY
ORDER.—If the Adminis-
trator determines it is reasonable to believe a viola-
tion occurred, the Administrator shall issue a pre-
liminary order (that includes findings) to impose the 
penalty described in subsection (j). 
‘‘(3) OBJECTIONS TO PRELIMINARY ORDER.—
‘‘(A) IN
GENERAL.—Not later than 30 
days after the preliminary order is issued under 
paragraph (2), the complainant and the person 
alleged to have committed the violation may—
‘‘(i) file objections to the preliminary 
order (including findings); and 
‘‘(ii) request a hearing on the record. 
‘‘(B) FINAL ORDER.—If a hearing is not 
requested within 30 days after the preliminary
207
order is issued, the preliminary order shall be 
final and not subject to judicial review. 
‘‘(4) HEARING.—A hearing under this sub-
section shall be conducted expeditiously. 
‘‘(5) FINAL ORDER.—Not later than 120 days 
after the end of the hearing, the Administrator shall 
issue a final order. 
‘‘(6) SETTLEMENT
AGREEMENT.—Before the 
final order is issued, the proceeding may be termi-
nated by a settlement agreement, which shall remain 
open, entered into by the Administrator, the com-
plainant, and the person alleged to have committed 
the violation. 
‘‘(7) COSTS.—
‘‘(A) IN GENERAL.—If the Administrator 
issues a final order against a school or school 
district for violation of this section and the 
complainant requests, the Administrator may 
assess against the person against whom the 
order is issued the costs (including attorney’s 
fees) reasonably incurred by the complainant in 
bringing the complaint. 
‘‘(B) AMOUNT.—The Administrator shall 
determine the amount of the costs that were 
reasonably incurred by the complainant.
208
‘‘(8) JUDICIAL REVIEW AND VENUE.—
‘‘(A) IN GENERAL.—A person adversely af-
fected by an order issued after a hearing under 
this subsection may file a petition for review 
not later than 60 days after the date that the 
order is issued, in a district court of the United 
States or other United States court for any dis-
trict in which a local educational agency or 
school is found, resides, or transacts business. 
‘‘(B) TIMING.—The review shall be heard 
and decided expeditiously. 
‘‘(C) COLLATERAL REVIEW.—An order of 
the Administrator subject to review under this 
paragraph shall not be subject to judicial review 
in a criminal or other civil proceeding. 
‘‘(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.
209
‘‘(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
210
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.
211
‘‘(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-
212
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—
213
‘‘(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
214
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 2004 through 2008.’’.
SEC. 1413. 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.
215
‘‘(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 grounds. 
‘‘(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.
217
TITLE II—HEALTHY START—SUP-
PORT FOR HEALTHY DEVEL-
OPMENT 
Subtitle A—Promotion of State and 
Local Support 
SEC. 2001. STATE AND LOCAL PARENTING SUPPORT AND 
EDUCATION GRANT PROGRAM. 
(a) STATE ALLOTMENTS.—
(1) IN GENERAL.—The Secretary of Health and 
Human Services (referred to in this section as the 
‘‘Secretary’’) shall make grants, from allotments 
made under paragraph (2), to eligible States to sup-
port parenting support and education programs. 
(2) ALLOTMENTS.—From the funds appro-
priated under subsection (h) for a fiscal year, the 
Secretary shall allot to each State an amount that 
bears the same relationship to the funds as the total 
number of children in the State bears to the total 
number of children in all States, but no State shall 
receive less than 1⁄2 of 1 percent of the funds. 
(3) RESERVATION.—
(A) IN
GENERAL.—For each State in 
which the population of Indians (including Alas-
ka Natives) is more than 2 percent of the popu-
lation of the State, the Governor of the State
218
shall reserve for Indian tribes 2 percent of the 
funds received through an allotment made 
under paragraph (2). 
(B) DISTRIBUTION.—
(i) IN GENERAL.—Except as described 
in clause (ii), from the funds reserved 
under subparagraph (A), the Governor 
shall allocate to each Indian tribe in the 
State an amount that bears the same rela-
tionship to the funds as the total number 
of children in the tribe bears to the total 
number of children in all Indian tribes in 
the State. 
(ii) ALASKA.—The Governor of Alas-
ka shall allocate the funds reserved under 
subparagraph (A) for Indian tribes in 
Alaska to the nonprofit entities described 
in section 419(4)(B) of the Social Security 
Act (42 U.S.C. 619(4)(B)). The Governor 
shall allocate to each region of the State, 
for such entities, an amount that bears the 
same relationship to the funds as the total 
number of Alaska Native children in the 
region bears to the total number of Alaska 
Native children in all regions of the State.
219
(C) DEFINITIONS.—In this paragraph: 
(i) 
ALASKA
NATIVE.—The 
term 
‘‘Alaska Native’’ has the meaning given 
the term ‘‘Native’’ in section 3 of the Alas-
ka Native Claims Settlement Act (43 
U.S.C. 1602). 
(ii) 
INDIAN; 
INDIAN
TRIBE.—The 
terms ‘Indian’ and ‘Indian tribe’ have the 
meanings given the terms in section 4 of 
the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 450b). 
(b) STATE PARENTING SUPPORT AND EDUCATION 
COUNCILS.—
(1) IN GENERAL.—To be eligible to receive a 
grant under subsection (a), the Governor of each 
State shall appoint or designate an existing entity 
(as of the date of the appointment or designation) 
to serve as a State Parenting Support and Edu-
cation Council (referred to in this section as the 
‘‘Council’’), which shall include—
(A) representatives of parents; 
(B) representatives of the State govern-
ment; 
(C) bipartisan representation from the 
State legislature;
220
(D) representatives from communities; and 
(E) representatives of children’s organiza-
tions interested in promoting parenting support 
and education programs. 
(2) RESPONSIBILITIES.—
(A) ASSESSMENT.—The Council shall con-
duct a needs and resources assessment of par-
enting support and education programs in the 
State to—
(i) determine areas in which such pro-
grams are lacking or inadequate; and 
(ii) identify the additional programs 
that are needed and the programs that re-
quire additional resources. 
(B) GRANTS.—On completion of the as-
sessment, the Council for a State may use the 
grant received by the State under subsection (a) 
to make grants under subsection (c) in a man-
ner that takes into account the results of the 
assessment. 
(c) GRANTS TO STATE AND LOCAL AGENCIES AND 
ENTITIES.—
(1) IN GENERAL.—The Council may carry out 
a program under which the Council makes grants to 
State agencies to provide parenting support and edu-
221
cation programs on a statewide basis, or to local 
agencies (including schools) and nonprofit service 
providers (including faith-based organizations) to 
provide parenting support and education programs. 
(2) APPLICATIONS.—To be eligible to receive a 
grant under this subsection, an agency or entity 
shall submit an application to a Council at such 
time, in such manner, and containing such informa-
tion as the Council may require. 
(d) LOCAL USE OF FUNDS.—An agency or entity 
that receives a grant under subsection (c) may use the 
funds made available through the grant to carry out par-
enting support and education programs that—
(1) provide parenting support to promote early 
brain development and childhood development and 
education, including—
(A) providing assistance to schools to offer 
classroom instruction on brain stimulation, 
child development, and early childhood edu-
cation; 
(B) distributing materials developed by en-
tities that reflect best parenting practices; 
(C) developing and distributing referral in-
formation on programs and services available to
222
children and families at the local level, includ-
ing information on eligibility criteria; 
(D) conducting voluntary hospital visits for 
postpartum women and in-home visits for fami-
lies with infants, toddlers, or newly adopted 
children to provide hands-on training and one-
on-one instruction on brain stimulation, child 
development, and early childhood education; 
and 
(E) carrying out parenting education pro-
grams, including training programs, with re-
spect to best parenting practices; 
(2) provide parenting support for parents of 
adolescents and youth, including providing funds for 
services and support for parents and other care-
givers of adolescents and youth being served by a 
range of education, social service, mental health, 
health, runaway, and homeless youth programs, 
which parenting support—
(A) may be provided by the Boys and Girls 
Club, the YMCA, the YWCA, entities that pro-
vide after school programs, entities that provide 
4-H programs, or other community based orga-
nizations; and
223
(B) may include providing parent-caregiver 
support groups, peer support groups, parent 
education classes, seminars or discussion groups 
on problems facing adolescents and youth, or 
advocates and mentors to help parents under-
stand and work with schools, the courts, and 
various treatment programs; or 
(3) provide parenting support and education re-
source centers, including—
(A) centers that may serve as a single 
point of contact for the provision to children 
and their families of comprehensive services, 
which—
(i) shall include services available to 
children from Federal, State, and local 
government agencies and nonprofit organi-
zations; and 
(ii) may include child care, respite 
care, pediatric care, child abuse prevention 
programs, 
nutrition 
programs, 
parent 
training, infant and child cardiopulmonary 
resuscitation programs, safety training, 
caregiver training and education, and other 
related programs;
224
(B) centers that provide a national toll-free 
parent hotline that provides 24-hour consulta-
tion and advice, on an anonymous basis, includ-
ing referrals to local community-based services; 
and 
(C) centers that provide respite care for 
parents with children with special needs, single 
mothers, and parents with at-risk youth. 
(e) REPORTING.—Each agency or entity that receives 
a grant under this section shall prepare and submit to the 
Council every 2 years a report describing the program that 
the agency or entity carried out under this section, the 
number of parents and children served, and the success 
of the program in supporting and educating parents using 
specific performance measures. 
(f) ADMINISTRATIVE COSTS.—Not more than 5 per-
cent of the amount made available through a grant re-
ceived by a State under subsection (a) may be used for 
the administrative expenses of the State Council in imple-
menting the grant program described in subsection (c). 
(g) SUPPLEMENT NOT SUPPLANT.—Funds appro-
priated pursuant to this section shall be used to supple-
ment and not supplant other Federal, State, and local 
public funds expended for parenting support and edu-
cation programs.
225
(h) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
$100,000,000 for each of fiscal years 2004 and 2005, 
$200,000,000 for each of fiscal years 2006 and 2007, and 
$300,000,000 for fiscal year 2008. 
(i) DEFINITION.—In this section, the term ‘‘child’’ 
means an individual who is younger than age 18. 
Subtitle B—Family and Medical 
Leave Expansion 
SEC. 2101. SHORT TITLE. 
This subtitle may be cited as the ‘‘Family and Med-
ical Leave Expansion Act’’. 
SEC. 2102. FINDINGS. 
Congress makes the following findings: 
(1) Since the enactment of the Family and 
Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.), 
more than 35,000,000 Americans have taken leave 
for family or medical reasons. 
(2) Of those taking leave under the Family and 
Medical Leave Act of 1993, 52 percent took the 
leave for their own serious health conditions, and 26 
percent took the leave to care for a new child or for 
maternity disability reasons. 
(3) While the leave provided by the Family and 
Medical Leave Act of 1993 has proven to be a crit-
226
ical resource for millions of Americans, too many 
people are left behind because the Act provides only 
unpaid leave. 
(4) According to a 2000 Department of Labor 
survey—
(A) 3,500,000 Americans needed family 
and medical leave but could not afford to take 
time off without pay; 
(B) nearly four-fifths (78 percent) of those 
surveyed who needed the leave but did not take 
it said they could not afford unpaid leave; 
(C) nine percent of those taking family and 
medical leave and receiving less than full pay 
during their longest period of the leave had to 
go on public assistance to cover their lost 
wages; and 
(D) seventy-three percent of those taking 
family and medical leave had incomes above 
$30,000. 
(5) In 1970, only 27 percent of mothers with 
infants under age 1 were in the labor force. 
(6) In 1999, nearly 60 percent of mothers with 
infants under age 1 were working. 
(7) Worldwide, 128 countries of the 172 re-
sponding to an International Social Security Asso-
227
ciation survey in 1999 provided at least some paid 
and job protected maternity leave, and, on average, 
provided 16 weeks of basic paid maternity leave. In 
some countries, paid maternity leave is mandatory 
and in others it is voluntary. 
(8) A European Union directive mandating 14 
weeks of paid maternity leave was adopted as a 
health and safety measure in 1992. 
(9) Among the 29 Organization for Economic 
Cooperation and Development (OECD) countries, 
the most advanced industrialized countries, the aver-
age period of childbirth-related leave (including ma-
ternity, paternity, and parental leaves) is 44 weeks 
(10 months) with additional time provided in some 
countries for leave to care for a sick child. In those 
countries, the average duration of paid childbirth-re-
lated leave is 36 weeks. 
(10) In more than half of the OECD countries 
(16 countries), the cash benefit provided while on 
the paid childbirth-related leave replaces between 70 
and 100 percent of prior wages. 
(11) Among the OECD countries, adoptive 
mothers and adoptive parents are increasingly eligi-
ble for the paid childbirth-related leave.
228
CHAPTER 1—FAMILY INCOME TO 
RESPOND TO SIGNIFICANT TRANSITIONS
SEC. 2111. SHORT TITLE. 
This chapter may be cited as the ‘‘Family Income to 
Respond to Significant Transitions Insurance Act’’.
SEC. 2112. PURPOSES. 
The purposes of this chapter are—
(1) to establish a demonstration program that 
supports the efforts of States and political subdivi-
sions to provide partial or full wage replacement, 
often referred to as FIRST insurance, to new par-
ents so that the new parents are able to spend time 
with a new infant or newly adopted child, and to 
other employees; and 
(2) to learn about the most effective mecha-
nisms for providing the wage replacement assistance. 
SEC. 2113. DEFINITIONS. 
In this chapter: 
(1) EMPLOYER; SON OR DAUGHTER; STATE.—
The terms ‘‘employer’’, ‘‘son or daughter’’, and 
‘‘State’’ have the meanings given the terms in sec-
tion 101 of the Family and Medical Leave Act of 
1993 (29 U.S.C. 2611).
229
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Labor, acting after consultation 
with the Secretary of Health and Human Services. 
SEC. 2114. DEMONSTRATION PROJECTS. 
(a) GRANTS.—
(1) IN GENERAL.—The Secretary shall make 
grants to eligible entities to pay for the Federal 
share of the cost of carrying out projects that assist 
families by providing, through various mechanisms, 
wage replacement for eligible individuals who are re-
sponding to—
(A) caregiving needs resulting from the 
birth or adoption of a son or daughter; or 
(B) other family caregiving needs. 
(2) PERIODS.—The Secretary shall make the 
grants for periods of 5 years.
(b) ELIGIBLE ENTITIES.—To be eligible to receive a 
grant under this section, an entity shall be a State or polit-
ical subdivision of a State. 
(c) USE OF FUNDS.—
(1) IN
GENERAL.—An entity that receives a 
grant under this section may use the funds made 
available through the grant to provide partial or full 
wage replacement as described in subsection (a) to 
eligible individuals—
230
(A) directly; 
(B) through an insurance program, such 
as a State temporary disability insurance pro-
gram or the State unemployment compensation 
benefit program; 
(C) through a private disability or other 
insurance plan, or another mechanism provided 
by a private employer; or 
(D) through another mechanism. 
(2) PERIOD.—In carrying out a project under 
this section, the entity shall provide partial or full 
wage replacement to eligible individuals for not less 
than 6 weeks during a period of leave, or an absence 
from employment, described in subsection (d)(2), 
during any 12-month period. Wage replacement 
available to an individual under this paragraph shall 
be in addition to any compensation from annual or 
sick leave that the individual may elect to use during 
a period of leave, or an absence from employment, 
described in subsection (d)(2), during any 12-month 
period. 
(3) ADMINISTRATIVE
COSTS.—No entity may 
use more than 10 percent of the total funds made 
available through the grant during the 5-year period
231
of the grant to pay for the administrative costs re-
lating to a project described in subsection (a). 
(d) ELIGIBLE INDIVIDUALS.—To be eligible to re-
ceive wage replacement under subsection (a), an individual 
shall—
(1) meet such eligibility criteria as the eligible 
entity providing the wage replacement may specify 
in an application described in subsection (e); and 
(2) be—
(A) an individual who is taking leave, 
under the Family and Medical Leave Act of 
1993 (29 U.S.C. 2601 et seq.), other Federal, 
State, or local law, or a private plan, for a rea-
son described in subparagraph (A) or (B) of 
section 102(a)(1) of the Family and Medical 
Leave Act of 1993 (29 U.S.C. 2612(a)(1)); 
(B) at the option of the eligible entity, an 
individual who—
(i) is taking leave, under that Act, 
other Federal, State, or local law, or a pri-
vate plan, for a reason described in sub-
paragraph (C), (D), (E), or (F) of section 
102(a)(1) of the Family and Medical 
Leave Act of 1993 (29 U.S.C. 2612(a)(1)); 
or
232
(ii) leaves employment, and has an ab-
sence from employment, because the indi-
vidual has elected to care for a son or 
daughter under age 1; or 
(C) at the option of the eligible entity, an 
individual who has an absence from employ-
ment and has other characteristics specified by 
the eligible entity in an application described in 
subsection (e). 
(e) APPLICATION.—To be eligible to receive a grant 
under this section, an entity shall submit an application 
to the Secretary, at such time, in such manner, and con-
taining such information as the Secretary may require, in-
cluding, at a minimum—
(1) a plan for the project to be carried out with 
the grant; 
(2) information demonstrating that the appli-
cant consulted representatives of employers and em-
ployees, including labor organizations, in developing 
the plan; 
(3) estimates of the costs and benefits of the 
project; 
(4)(A) information on the number and type of 
families to be covered by the project, and the extent
233
of such coverage in the area served under the grant; 
and 
(B) information on any criteria or characteris-
tics that the entity will use to determine whether an 
individual is eligible for wage replacement under 
subsection (a), as described in paragraphs (1) and 
(2)(C) of subsection (d); 
(5) if the project will expand on State and pri-
vate systems of wage replacement for eligible indi-
viduals, information on the manner in which the 
project will expand on the systems; 
(6) information demonstrating the manner in 
which the wage replacement assistance provided 
through the project will assist families in which an 
individual takes leave or is absent from employment 
as described in subsection (d)(2); and 
(7) an assurance that the applicant will partici-
pate in efforts to evaluate the effectiveness of the 
project. 
(f) SELECTION CRITERIA.—In selecting entities to re-
ceive grants for projects under this section, the Secretary 
shall—
(1) take into consideration—
(A) the scope of the proposed projects;
234
(B) the cost-effectiveness, feasibility, and 
financial soundness of the proposed projects;
(C) the extent to which the proposed 
projects would expand access to wage replace-
ment in response to family caregiving needs, 
particularly for low-wage employees, in the area 
served by the grant; and 
(D) the benefits that would be offered to 
families and children through the proposed 
projects; and 
(2) to the extent feasible, select entities pro-
posing projects that utilize diverse mechanisms, in-
cluding expansion of State unemployment compensa-
tion benefit programs, and establishment or expan-
sion of State temporary disability insurance pro-
grams, to provide the wage replacement. 
(g) FEDERAL SHARE.—
(1) IN GENERAL.—The Federal share of the 
cost described in subsection (a) shall be—
(A) 50 percent for the first year of the 
grant period; 
(B) 40 percent for the second year of that 
period; 
(C) 30 percent for the third year of that 
period; and
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section 4703 a demonstration project that assists families 
by providing paid leave for eligible individuals who are re-
sponding to—
‘‘(1) caregiving needs resulting from the birth 
or adoption of a son or daughter; or 
‘‘(2) other family caregiving needs. 
‘‘(b) In carrying out a project under this section, an 
employing agency of 1 or more employees shall provide 
partial or full paid leave to eligible individuals for not less 
than 6 weeks during a period of leave, or an absence from 
employment, described in subsection (c)(2), during any 
12-month period. Paid leave available to an individual 
under this subsection shall be in addition to any annual 
or sick leave that the individual may elect to use during 
a period of leave, or an absence from employment, de-
scribed in subsection (c)(2), during any 12-month period. 
‘‘(c) To be eligible to receive paid leave under sub-
section (a), an individual shall—
‘‘(1) be an employee who meets such eligibility 
criteria as the Office of Personnel Management may 
specify in a plan described in section 4703(b); and 
‘‘(2) be—
‘‘(A) an individual who is taking leave, 
under this subchapter, or other Federal law, for