I 
111TH CONGRESS 
1ST SESSION H. R. 4159 
To amend the Federal Insecticide, Fungicide, and Rodenticide Act to require 
local educational agencies and schools to implement integrated pest man-
agement programs 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 
DECEMBER 1, 2009 
Mr. HOLT (for himself, Mr. ELLISON, Mr. VAN HOLLEN, Mr. GRIJALVA, Mr. 
BACA, Mr. RANGEL, Ms. JACKSON-LEE of Texas, Mr. ISRAEL, Mr. 
PAYNE, Mr. PRICE of North Carolina, Ms. MCCOLLUM, Mr. GRAYSON, 
Mrs. CHRISTENSEN, Ms. SCHAKOWSKY, and Ms. DEGETTE) 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 pro-
grams 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 pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
VerDate Nov 24 2008 
01:42 Dec 02, 2009
Jkt 089200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H4159.IH
H4159
smartinez on DSKB9S0YB1PROD with BILLS
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘School Environment 
Protection Act of 2009’’. 
SEC. 2. FINDINGS. 
Congress finds that— 
(1) in 1992, the National Parent Teacher Asso-
ciation passed a resolution calling for the reduced 
use of pesticides in schools and calling on policy-
makers to consider all possible alternatives before 
using any pesticides; 
(2) the Centers for Disease Control and Preven-
tion, the National Education Association, and many 
other national public interest organizations have an-
nounced support for reducing or eliminating pes-
ticide use in schools; 
(3) childhood cancer is continuing to increase at 
the alarming rate of 1 percent per year; 
(4) the overall incidence of childhood cancer has 
increased over the past 30 years, making cancer the 
leading cause of childhood death from disease; 
(5) approximately 6,500,000 (or nearly 9 per-
cent of) children in the United States under the age 
of 18 have asthma, the most common chronic illness 
in children, double the percentage who were reported 
to have the illness in 1980, and the incidence of 
asthma continues to rise; 
VerDate Nov 24 2008 
01:42 Dec 02, 2009
Jkt 089200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H4159.IH
H4159
smartinez on DSKB9S0YB1PROD with BILLS
(6) children are more susceptible to hazardous 
impacts from pesticides than are adults due to their 
physiological and behavioral characteristics; 
(7) numerous scientific studies have linked can-
cer, neurological problems, and asthma to pesticide 
exposure; 
(8) the Department of Agriculture states that 
current pest management practices in schools are in 
need of improvement and full implementation of in-
tegrated pest management practices is affordable 
and cost effective; 
(9) the Environmental Protection Agency and 
the Centers for Disease Control and Prevention rec-
ommend the use of an integrated pest management 
program by local educational agencies, which empha-
sizes nonchemical ways of reducing pests, such as 
sanitation and maintenance and good soil health; 
(10) integrated pest management— 
(A) promotes nonchemical methods of pest 
prevention and management using least toxic 
pesticides only after all other nontoxic methods 
have been exhausted; and 
(B) will eliminate or significantly reduce 
the use of and exposure to pesticides in the 
VerDate Nov 24 2008 
01:42 Dec 02, 2009
Jkt 089200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H4159.IH
H4159
smartinez on DSKB9S0YB1PROD with BILLS
management of buildings, playing fields, land-
scapes; 
(11) an integrated pest management program 
provides long-term health and economic benefits as 
well as complements other important goals of school 
maintenance and administration, including energy 
conservation, food safety, and security; and 
(12) parents and guardians wish to and have a 
right to be notified of any use of a pesticide in their 
children’s schools. 
SEC. 3. INTEGRATED PEST MANAGEMENT PROGRAM FOR 
SCHOOLS. 
(a) SYSTEM REQUIRED.—The Federal Insecticide, 
Fungicide, and Rodenticide Act is amended— 
(1) by redesignating sections 34 and 35 (7 
U.S.C. 136x, 136y) as sections 35 and 36, respec-
tively; and 
(2) by inserting after section 33 (7 U.S.C. 
136w–8) the following: 
‘‘SEC. 34. INTEGRATED PEST MANAGEMENT PROGRAM FOR 
SCHOOLS. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) ADMINISTRATOR.—The term ‘Adminis-
trator’ means the Administrator of the Environ-
mental Protection Agency. 
VerDate Nov 24 2008 
01:42 Dec 02, 2009
Jkt 089200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H4159.IH
H4159
smartinez on DSKB9S0YB1PROD with BILLS
‘‘(2) BOARD.—The term ‘Board’ means the Na-
tional School Integrated Pest Management Advisory 
Board established under subsection (c). 
‘‘(3) CRACK AND CREVICE TREATMENT.—The 
term ‘crack and crevice treatment’ means the appli-
cation of small quantities of a pesticide into open-
ings in a building such as those commonly found at 
expansion joints, between levels of construction, and 
between equipment and floors. 
‘‘(4) EPA.—The term ‘EPA’ means the Envi-
ronmental Protection Agency. 
‘‘(5) FUND.—The term ‘Fund’ means the Inte-
grated Pest Management Trust Fund established 
under subsection (i). 
‘‘(6) INTEGRATED
PEST
MANAGEMENT.—The 
term ‘integrated pest management’ means a man-
aged pest control program that— 
‘‘(A) eliminates or mitigates economic and 
health damage caused by pests; 
‘‘(B) uses— 
‘‘(i) integrated methods; 
‘‘(ii) site or pest inspections; 
‘‘(iii) pest population monitoring and 
prevention strategies; 
VerDate Nov 24 2008 
01:42 Dec 02, 2009
Jkt 089200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H4159.IH
H4159
smartinez on DSKB9S0YB1PROD with BILLS
‘‘(iv) an evaluation of the need for 
pest control; and 
‘‘(v) 1 or more pest prevention and 
management methods that incorporate ex-
clusion techniques, such as habitat modi-
fications, sanitation practices, entryway 
closures, structural repair, mechanical and 
biological 
controls, 
other 
nonchemical 
methods, and (if nontoxic options have 
been exhausted) least toxic pesticides; and 
‘‘(C) minimizes— 
‘‘(i) the use of pesticides; and 
‘‘(ii) the hazards to human health and 
the environment associated with pesticide 
applications. 
‘‘(7) IPM COORDINATOR.—The term ‘IPM co-
ordinator’ means an individual who is designated by 
a local educational agency to carry out implementa-
tion of the school integrated pest management plan 
of a school district. 
‘‘(8) LEAST TOXIC LIST.—The term ‘least toxic 
list’ means the list of least toxic pesticides estab-
lished under subsection (c)(12)(B). 
‘‘(9) LEAST TOXIC PESTICIDE.— 
VerDate Nov 24 2008 
01:42 Dec 02, 2009
Jkt 089200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H4159.IH
H4159
smartinez on DSKB9S0YB1PROD with BILLS
‘‘(A) IN GENERAL.—The term ‘least toxic 
pesticide’ means any pesticide product or ingre-
dient that, at a minimum, has not been classi-
fied as, or found to have, any of the following 
characteristics or ingredients: 
‘‘(i) Toxicity Category I or II by the 
EPA (pesticides identified by the words 
‘DANGER’ or ‘WARNING’ on the label). 
‘‘(ii) A developmental or reproductive 
toxicant as defined by the State of Cali-
fornia Proposition 65 Chemicals Known to 
Cause 
Developmental 
or 
Reproductive 
Harm. 
‘‘(iii) A carcinogen, as designated 
by— 
‘‘(I) EPA’s List of Chemicals 
Evaluated for Carcinogenic Potential 
(chemicals classified as a human car-
cinogen, likely to be carcinogenic to 
humans, a known or likely carcinogen, 
a probable human carcinogen, sugges-
tive evidence or a possible human car-
cinogen); 
‘‘(II) the International Agency 
for Research on Cancer (IARC) 
VerDate Nov 24 2008 
01:42 Dec 02, 2009
Jkt 089200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H4159.IH
H4159
smartinez on DSKB9S0YB1PROD with BILLS
(chemicals classified as carcinogenic 
to humans or probably or possibly 
carcinogenic to humans); 
‘‘(III) the United States National 
Toxicology Program (NTP) (chemi-
cals classified as known or reasonably 
anticipated to be human carcinogens); 
or 
‘‘(IV) the State of California’s 
Proposition 65. 
‘‘(iv) Neurologic cholinesterase inhibi-
tors, as designated by California Depart-
ment of Pesticide Regulation or the Mate-
rials Safety Data Sheet (MSDS) for the 
particular chemical. 
‘‘(v) Known groundwater contami-
nants, as designated by the state of Cali-
fornia (for actively registered pesticides). 
‘‘(vi) Pesticides formulated or applied 
as dusts, powder or aerosols, unless used 
in a way that virtually eliminates inhala-
tion hazard, such as when applied to 
cracks or crevices and sealed after the ap-
plication, or used as a directed spray into 
the entrance of an insect nest. 
VerDate Nov 24 2008 
01:42 Dec 02, 2009
Jkt 089200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H4159.IH
H4159
smartinez on DSKB9S0YB1PROD with BILLS
‘‘(vii) Nervous system toxicants, in-
cluding chemicals such as cholinesterase 
inhibitors or chemicals associated with 
neurotoxicity by a mechanism other than 
cholinesterase inhibition, or listed or iden-
tified in or on any of the following lists: 
‘‘(I) Toxics Release Inventory 
(TRI), EPA EPCRA section 313. 
‘‘(II) EPA Reregistration Eligi-
bility Decisions (RED). 
‘‘(III) Insecticide Resistance Ac-
tion Committee (IRAC) Mode of Ac-
tion Classification: Acetylcholine ester-
ase inhibitors; GABA-gated chloride 
channel antagonists; Sodium channel 
modulators; Nicotinic Acetylcholine 
receptor agonists or antagonists; Nic-
otinic Acetylcholine receptor agonists; 
Chloride channel activators; Octopa-
minergic agonists; Voltage-dependent 
sodium channel blockers; or Neuronal 
inhibitors (unknown mode of action). 
‘‘(viii) Endocrine disruptors, which in-
clude chemicals that are known to or likely 
to interfere with the endocrine system in 
VerDate Nov 24 2008 
01:42 Dec 02, 2009
Jkt 089200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H4159.IH
H4159
smartinez on DSKB9S0YB1PROD with BILLS
humans or wildlife, based on the European 
Commission (EC) List of 146 substances 
with endocrine disruption classifications, 
Annex 13 (and any subsequent lists issued 
as follow-up, revisions, or extensions or 
based on any list created by the EPA that 
identifies endocrine disruptors). 
‘‘(ix) Regarding outdoor use: Ad-
versely affects the environment or wildlife, 
based on any of the following: 
‘‘(I) Label precautionary state-
ments including ‘toxic’ or ‘extremely 
toxic’ to bees, birds, fish, aquatic in-
vertebrates, wildlife or other nontarget 
organisms, unless environmental expo-
sure can be virtually eliminated. 
‘‘(II) Pesticides with ingredients 
with moderate or high mobility in soil, 
or with a soil half-life of 30 days or 
more (except for mineral products). 
‘‘(x) Has data gaps or missing infor-
mation in EPA registration documents, in-
cluding pesticide fact sheets, or EPA re-
registration 
eligibility 
decisions, 
which 
EPA is requiring the registrant to provide. 
VerDate Nov 24 2008 
01:42 Dec 02, 2009
Jkt 089200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H4159.IH
H4159
smartinez on DSKB9S0YB1PROD with BILLS
‘‘(xi) Contaminants and metabolites 
recognized by EPA that violate any of the 
above criteria. 
‘‘(B) AUTHORIZED
CONTENTS.—A least 
toxic pesticide may include— 
‘‘(i) containerized boric acid and diso-
dium octoborate tetrahydrate; 
‘‘(ii) silica gels; 
‘‘(iii) diatomaceous earth; 
‘‘(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; and 
‘‘(vii) biological, living control agents. 
‘‘(10) LOCAL
EDUCATIONAL
AGENCY.—The 
term ‘local educational agency’ has the meaning 
given the term in section 9101 of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 
7801). 
‘‘(11) NATURAL ORGANIC FERTILIZER.— 
‘‘(A) IN GENERAL.—The term ‘natural or-
ganic fertilizer’ means fertilizers that contain 
VerDate Nov 24 2008 
01:42 Dec 02, 2009
Jkt 089200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H4159.IH
H4159
smartinez on DSKB9S0YB1PROD with BILLS
nutrients naturally derived solely from the re-
mains or a by-product of an organism, or from 
a mineral. 
‘‘(B) INCLUSIONS.—The term includes cot-
tonseed meal, fish emulsion, compost, and 
composted manure. 
‘‘(C) EXCLUSIONS.—The terms does not 
include any fertilizer containing biosolids or 
synthetic ingredients, natural minerals, or sub-
stances that are reacted with acids or produced 
in a petro-chemical process. 
‘‘(12) OFFICIAL.—The term ‘official’ means the 
official for school pest management appointed by the 
Administrator within the Office of Pesticide Pro-
grams of the EPA to coordinate the development 
and implementation of integrated pest management 
systems in schools. 
‘‘(13) PESTICIDE.— 
‘‘(A) IN GENERAL.—The term ‘pesticide’ 
means any substance or mixture of substances 
intended for— 
‘‘(i) preventing, destroying, repelling, 
or mitigating any pest; 
‘‘(ii) use as a plant regulator, defo-
liant, or desiccant; or 
VerDate Nov 24 2008 
01:42 Dec 02, 2009
Jkt 089200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H4159.IH
H4159
smartinez on DSKB9S0YB1PROD with BILLS
‘‘(iii) use as a spray adjuvant such as 
a wetting agent or adhesive. 
‘‘(B) EXCLUSION.—The term ‘pesticide’ 
does not include cleaning products, other than 
those that contain pesticidal agents. 
‘‘(14) 
PUBLIC
HEALTH
EMERGENCY.—The 
term ‘public health emergency’ means an urgent 
need to mitigate or eliminate a pest that threatens 
the health or safety of a student or staff member. 
‘‘(15) SCHOOL.—The term ‘school’ means a 
school that— 
‘‘(A) is a public school or is receiving Fed-
eral funding; and 
‘‘(B) is— 
‘‘(i) an elementary school (as defined 
in section 9101 of the Elementary and 
Secondary Education Act of 1965 (20 
U.S.C. 7801)); 
‘‘(ii) a secondary school (as defined in 
such section); or 
‘‘(C) a kindergarten or nursery school. 
‘‘(16) SCHOOL GROUNDS.— 
‘‘(A) IN
GENERAL.—The term ‘school 
grounds’ means the area outside of the school 
VerDate Nov 24 2008 
01:42 Dec 02, 2009
Jkt 089200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H4159.IH
H4159
smartinez on DSKB9S0YB1PROD with BILLS
buildings controlled, managed, leased, 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, leased, or owned by a school. 
‘‘(17) 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. 
‘‘(18) STATE
EDUCATIONAL
AGENCY.—The 
term ‘State educational agency’ has the meaning 
given the term in section 9101 of the Elementary 
VerDate Nov 24 2008 
01:42 Dec 02, 2009
Jkt 089200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H4159.IH
H4159
smartinez on DSKB9S0YB1PROD with BILLS
and Secondary Education Act of 1965 (20 U.S.C. 
7801). 
‘‘(19) STATE AGENCY.—The term ‘State agen-
cy’ means an agency of a State, or an agency of an 
Indian tribe or tribal organization (as those terms 
are defined in section 4 of the Indian Self-Deter-
mination and Education Assistance Act (25 U.S.C. 
16450b)), that exercises primary jurisdiction over 
matters relating to pesticide regulation. 
‘‘(20) SYNTHETIC FERTILIZER.— 
‘‘(A) IN
GENERAL.—The term ‘synthetic 
fertilizer’ means a substance containing a plant 
nutrient created by a synthetic, chemical proc-
ess, including triple super phosphate made by 
treating rock phosphate with phosphoric acid, 
potassium chloride, urea quick release synthetic 
fertilizers, and petroleum-based fertilizers. 
‘‘(B) EXCLUSIONS.—The term does not in-
clude natural organic fertilizers that are made 
from naturally occurring materials, such as 
blood meal, fish or kelp, or manure-based or-
ganic compost. 
‘‘(21) UNIVERSAL
NOTIFICATION.—The term 
‘universal notification’ means notice provided by a 
local educational agency or school to— 
VerDate Nov 24 2008 
01:42 Dec 02, 2009
Jkt 089200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H4159.IH
H4159
smartinez on DSKB9S0YB1PROD with BILLS
‘‘(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
COMPO-
NENTS.— 
‘‘(1) IN
GENERAL.—Each local educational 
agency of a school district shall implement an inte-
grated pest management program, that at a min-
imum— 
‘‘(A) applies to school buildings and school 
grounds; 
‘‘(B) establishes an IPM coordinator with-
in the local education agency responsible for 
carrying out the integrated pest management 
plan in schools in the school district; and 
‘‘(C) follows an integrated pest manage-
ment plan for addressing school pest problems. 
‘‘(2) DUTIES OF IPM COORDINATOR.—The IPM 
coordinator of a school district shall— 
‘‘(A) oversee the implementation of the in-
tegrated pest management plan; 
‘‘(B) act as a contact for inquiries about 
the integrated pest management plan; 
VerDate Nov 24 2008 
01:42 Dec 02, 2009
Jkt 089200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H4159.IH
H4159
smartinez on DSKB9S0YB1PROD with BILLS
‘‘(C) maintain and make available to par-
ents, guardians, school staff, and any person 
upon request material safety data sheets, labels, 
and fact sheets or other official information re-
lated to the pesticides (including least toxic pes-
ticides), as approved by the Administrator for 
all pesticides that may be used in the school 
district; 
‘‘(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; 
‘‘(G) obtain periodic updates and training 
from State integrated pest management system 
experts; 
‘‘(H) pre-approve any public health emer-
gency pesticide applications; and 
‘‘(I) maintain all pesticide use data for 
each pesticide used at the school for at least 3 
years after the date on which the pesticide is 
applied. 
VerDate Nov 24 2008 
01:42 Dec 02, 2009
Jkt 089200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H4159.IH
H4159
smartinez on DSKB9S0YB1PROD with BILLS
‘‘(3) USE OF PESTICIDES.—Except as set forth 
in paragraph (6), a local educational agency or 
school— 
‘‘(A) may not use pesticides other than 
nontoxic or least toxic pesticides as provided in 
subparagraph (B); and 
‘‘(B) may only use a least toxic pesticide 
as part of the integrated pest management pro-
gram, under which the least toxic pesticide is 
only used as a last resort and only if the area 
or room treated is unoccupied or not in use by 
students or staff members. 
‘‘(4) USE
OF
FERTILIZERS.—A local edu-
cational agency or school may only use natural or-
ganic fertilizers. The use of a synthetic fertilizer is 
prohibited. 
‘‘(5) NOTICE OF INTEGRATED PEST MANAGE-
MENT PROGRAM.— 
‘‘(A) IN GENERAL.—At the beginning of 
each school year, each local educational agency 
or school of a school district shall include a no-
tice of the integrated pest management plan of 
the school district in school calendars, hand-
books, or other forms of universal notification. 
VerDate Nov 24 2008 
01:42 Dec 02, 2009
Jkt 089200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H4159.IH
H4159
smartinez on DSKB9S0YB1PROD with BILLS
‘‘(B) CONTENTS.—The notice shall include 
a description of— 
‘‘(i) the integrated pest management 
plan of the school district; 
‘‘(ii) the name, address, and telephone 
number of the IPM coordinator of the 
school district; 
‘‘(iii) a statement that— 
‘‘(I) the IPM coordinator main-
tains the product label and material 
safety data sheet of each pesticide (in-
cluding each least toxic pesticide) that 
may be used by a school in buildings 
or on school grounds; 
‘‘(II) the label and data sheet is 
available for review by a parent, 
guardian, staff member, student or 
any other interested person upon re-
quest; and 
‘‘(III) the IPM coordinator is 
available to parents, guardians, and 
staff members for information and 
comment; and 
‘‘(iv) the time and place of any meet-
ings that will be held under paragraph (7). 
VerDate Nov 24 2008 
01:42 Dec 02, 2009
Jkt 089200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H4159.IH
H4159
smartinez on DSKB9S0YB1PROD with BILLS
‘‘(C) 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 sub-
section to— 
‘‘(i) each new staff member who is 
employed during the school year; and 
‘‘(ii) the parent or guardian of each 
new student enrolled during the school 
year. 
‘‘(6) PUBLIC HEALTH EMERGENCY.— 
‘‘(A) IN GENERAL.—If a local educational 
agency or school determines that a pest in the 
school or on school grounds cannot be con-
trolled after having used the integrated pest 
management program and least toxic pesticides 
and it is a public health emergency, the school 
may use a pesticide in accordance with this sub-
section. 
‘‘(B) IPM COORDINATOR
APPROVAL
RE-
QUIRED.—The IPM Coordinator shall approve, 
after identifying the pesticide product ingredi-
ents and acute and chronic adverse health ef-
fects, the pesticide product before any public 
health emergency application can be made. 
VerDate Nov 24 2008 
01:42 Dec 02, 2009
Jkt 089200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H4159.IH
H4159
smartinez on DSKB9S0YB1PROD with BILLS
‘‘(C) AREA USE LIMITATION.—The use of 
an area or room treated by a pesticide (other 
than a least toxic pesticide) in response to a 
public health emergency shall not be occupied 
or used at the time of application or during the 
24-hour period beginning at the end of the ap-
plication. 
‘‘(D) AUTHORIZED APPLICATOR.—The pes-
ticide application shall only be made by a State 
certified pesticide applicator. 
‘‘(E) NOTIFICATION OF PARENTS, GUARD-
IANS, AND STAFF MEMBERS.—The school shall 
provide to a parent or guardian of each student 
enrolled at the school and each staff member of 
the school notice of the application of the pes-
ticide in response to a public health emergency. 
Notification shall be provided at least 24 hours 
prior to the application. The notification shall 
include the following: 
‘‘(i) The common name, trade name, 
and EPA registration number of the pes-
ticide. 
‘‘(ii) A description of the location of 
the application of the pesticide. 
VerDate Nov 24 2008 
01:42 Dec 02, 2009
Jkt 089200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H4159.IH
H4159
smartinez on DSKB9S0YB1PROD with BILLS
‘‘(iii) A description of the date and 
time of application. 
‘‘(iv) The statement ‘The EPA cannot 
guarantee that registered pesticides do not 
pose risks, and unnecessary exposure to 
pesticides should be avoided’. 
‘‘(v) A description of potential adverse 
effects of the pesticide based on the mate-
rial safety data sheet of the pesticide any 
additional warning information related to 
the pesticide. 
‘‘(vi) The name and telephone number 
of the IPM coordinator of the school dis-
trict. 
‘‘(vii) A description of the problem 
and the factors that qualified the problem 
as a public health emergency. 
‘‘(viii) A description of the steps the 
school will take in the future to avoid ap-
plication of a pesticide in response to a 
public health emergency. 
‘‘(F) METHOD OF UNIVERSAL NOTIFICA-
TION.—The school may provide the notice by— 
‘‘(i) written notice sent home with the 
student and provided to staff members; 
VerDate Nov 24 2008 
01:42 Dec 02, 2009
Jkt 089200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H4159.IH
H4159
smartinez on DSKB9S0YB1PROD with BILLS
‘‘(ii) a notice delivered electronically 
(such as through electronic mail or fac-
simile); 
‘‘(iii) a telephone call; or 
‘‘(iv) direct contact. 
‘‘(G) POSTING OF SIGNS.— 
‘‘(i) IN GENERAL.—A school applying 
a pesticide under this paragraph shall post 
a sign warning 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 ground to be treat-
ed. 
‘‘(ii) ADMINISTRATION.—A sign re-
quired under clause (i) for the application 
of a pesticide shall— 
‘‘(I) remain posted for at least 
72 hours after the end of the treat-
ment; 
‘‘(II) be at least 81⁄2 inches by 11 
inches; and 
VerDate Nov 24 2008 
01:42 Dec 02, 2009
Jkt 089200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H4159.IH
H4159
smartinez on DSKB9S0YB1PROD with BILLS
‘‘(III) state the same information 
as that required for prior notification 
of the application under subparagraph 
(E). 
‘‘(H) TIME OF YEAR.—Subparagraphs (E) 
and (G) shall apply— 
‘‘(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-
ents and guardians of the students that 
are using the school in an authorized man-
ner. 
‘‘(I) 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. 
‘‘(7) MEETINGS.— 
‘‘(A) IN GENERAL.—Before the beginning 
of a school year, at the beginning of each new 
calendar year, and at a regularly scheduled 
VerDate Nov 24 2008 
01:42 Dec 02, 2009
Jkt 089200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H4159.IH
H4159
smartinez on DSKB9S0YB1PROD with BILLS
meeting of a school board, each local edu-
cational agency shall provide an opportunity for 
the IPM coordinator designated this subsection 
to receive and address public comments regard-
ing the integrated pest management program of 
the school district. 
‘‘(B) EMERGENCY MEETINGS.—An emer-
gency meeting of a school board to address a 
pesticide application may be called under locally 
appropriate procedures for convening emer-
gency meetings. 
‘‘(c) NATIONAL SCHOOL INTEGRATED PEST MAN-
AGEMENT ADVISORY BOARD.— 
‘‘(1) IN GENERAL.—The Administrator, in con-
sultation with the Secretary of Education, shall es-
tablish a National School Integrated Pest Manage-
ment Advisory Board to— 
‘‘(A) establish uniform standards and cri-
teria for developing integrated pest manage-
ment; 
‘‘(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. 
VerDate Nov 24 2008 
01:42 Dec 02, 2009
Jkt 089200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H4159.IH
H4159
smartinez on DSKB9S0YB1PROD with BILLS
‘‘(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 
program coordinators. 
‘‘(E) Independent integrated pest manage-
ment specialists that have carried out school in-
tegrated pest management programs. 
‘‘(F) Environmental and children’s health 
advocacy groups. 
‘‘(G) Organic lawn care professionals. 
‘‘(H) Trade organizations for pest manage-
ment. 
‘‘(I) Teachers and staff members. 
‘‘(J) School maintenance staff. 
‘‘(K) School administrators. 
‘‘(L) School board members. 
‘‘(3) APPOINTMENT.—Not later than 90 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-
VerDate Nov 24 2008 
01:42 Dec 02, 2009
Jkt 089200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H4159.IH
H4159
smartinez on DSKB9S0YB1PROD with BILLS
sociations, school districts, States, and other inter-
ested persons and organizations. 
‘‘(4) CONFLICT OF INTEREST.—Board members 
shall not have a conflict of interest or have an affili-
ation with or a financial interest in the sale or use 
of a pesticide. 
‘‘(5) TERM.— 
‘‘(A) IN
GENERAL.—A member of the 
Board shall serve for a term of 5 years, except 
that the Administrator may randomly shorten 
the terms of the original members of the Board 
in order to provide for a staggered term of ap-
pointment 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. 
‘‘(6) MEETINGS.—The Administrator shall con-
vene— 
VerDate Nov 24 2008 
01:42 Dec 02, 2009
Jkt 089200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H4159.IH
H4159
smartinez on DSKB9S0YB1PROD with BILLS
‘‘(A) an initial meeting of the Board not 
later than 90 days after the appointment of the 
members; and 
‘‘(B) subsequent meetings on a periodic 
basis, but not less often than 2 times each year. 
‘‘(7) 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. 
‘‘(8) CHAIRPERSON.—The Board shall select a 
Chairperson for the Board. 
‘‘(9) QUORUM.—A majority of the members of 
the Board shall constitute a quorum for the purpose 
of conducting business. 
‘‘(10) 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. 
‘‘(11) ADMINISTRATION.—The Administrator— 
‘‘(A) shall— 
‘‘(i) authorize the Board to hire a 
staff director; and 
‘‘(ii) detail EPA staff or allow for the 
hiring of staff for the Board; and 
VerDate Nov 24 2008 
01:42 Dec 02, 2009
Jkt 089200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H4159.IH
H4159
smartinez on DSKB9S0YB1PROD with BILLS
‘‘(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. 
‘‘(12) RESPONSIBILITIES OF THE BOARD.— 
‘‘(A) INTEGRATED
PEST
MANAGEMENT 
PLANS.—Not later than one year after the ini-
tial meeting of the Board, the Board shall de-
velop uniform standards and criteria for inte-
grated pest management in schools and provide 
them to each State Agency. 
‘‘(B) LIST OF LEAST TOXIC PESTICIDES.— 
Not later than 1 year after the initial meeting 
of the Board, the Board shall— 
‘‘(i) submit to the Administrator an 
initial list of products containing least 
toxic pesticides and any restrictions on the 
use of the listed pesticides, beginning with 
the list provided in subsection (a)(8)(B); 
‘‘(ii) screen additional products to be 
included in the least toxic list on a bi-an-
nual basis; and 
‘‘(iii) evaluate all public comments re-
ceived concerning the proposed least toxic 
list and restrictions, but not later than 90 
VerDate Nov 24 2008 
01:42 Dec 02, 2009
Jkt 089200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H4159.IH
H4159
smartinez on DSKB9S0YB1PROD with BILLS
days after the close of the period during 
which public comments are accepted, and 
establish a final least toxic list for the Ad-
ministrator to publish in the Federal Reg-
ister. 
‘‘(C) TECHNICAL ADVISORY PANELS.— 
‘‘(i) IN GENERAL.—The Board shall 
convene technical advisory panels to pro-
vide scientific evaluations of the materials 
considered for inclusion on the least toxic 
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. 
‘‘(13) REQUIREMENTS.—In establishing the 
proposed least toxic list, the Board shall— 
‘‘(A) review available information from the 
EPA, the National Institute of Environmental 
Health Sciences, medical and scientific lit-
erature, and such other sources as appropriate, 
concerning the potential for adverse human and 
environmental effects of substances considered 
for inclusion in the proposed least toxic list; and 
VerDate Nov 24 2008 
01:42 Dec 02, 2009
Jkt 089200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H4159.IH
H4159
smartinez on DSKB9S0YB1PROD with BILLS
‘‘(B) cooperate with manufacturers of sub-
stances considered for inclusion in the proposed 
least toxic list to obtain a complete list of ingre-
dients and determine that such substances con-
tain inert ingredients that are included on the 
EPA’s List 4 (Inerts of Minimal Concern). 
‘‘(14) PETITIONS.—The Board shall establish 
procedures under which individuals may petition the 
Board for the purpose of evaluating substances for 
inclusion on, or rescission from, the least toxic list. 
‘‘(15) PERIODIC REVIEW.— 
‘‘(A) IN GENERAL.—The Board shall re-
view each substance included on the least toxic 
list at least once during each 5-year period be-
ginning on— 
‘‘(i) the date that the substance was 
initially included on the least toxic 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 
regarding the issue of whether the substance 
should continue to be included on the least toxic 
list. 
VerDate Nov 24 2008 
01:42 Dec 02, 2009
Jkt 089200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H4159.IH
H4159
smartinez on DSKB9S0YB1PROD with BILLS
‘‘(16) CONFIDENTIALITY.—Any information re-
garding the formulation of the pesticides obtained by 
the Board in carrying out this section shall be treat-
ed as public information by the Board and shall be 
made available to the public. 
‘‘(d) OFFICE OF PESTICIDE PROGRAMS.— 
‘‘(1) 
ESTABLISHMENT.—The 
Administrator 
shall appoint an official for school pest management 
within the Office of Pesticide Programs of the EPA 
to coordinate the development and implementation of 
integrated pest management programs in schools. 
‘‘(2) DUTIES.—The official shall— 
‘‘(A) coordinate the development of school 
integrated pest management plans; 
‘‘(B) consult with schools concerning— 
‘‘(i) issues related to school integrated 
pest management programs; 
‘‘(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 
programs in schools; 
VerDate Nov 24 2008 
01:42 Dec 02, 2009
Jkt 089200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H4159.IH
H4159
smartinez on DSKB9S0YB1PROD with BILLS
‘‘(C) support and provide technical assist-
ance to the Board; and 
‘‘(D) work in consultation with the Sec-
retary of Education. 
‘‘(3) PUBLICATION
IN
FEDERAL
REGISTER.— 
After receiving the integrated pest management plan 
and the least toxic list and any restrictions from the 
Board, the Administrator shall— 
‘‘(A) publish the proposed plan and least 
toxic list and any restrictions in the Federal 
Register with a 90-day public comment period 
on the proposals; and 
‘‘(B) publish the final plan and least toxic 
list and restrictions developed by the Board in 
subsection (c)(12)(B) in the Federal Register, 
together with a discussion of comments re-
ceived. 
‘‘(4) AMENDMENTS.— 
‘‘(A) IN
GENERAL.—The Administrator 
shall publish any proposed amendments to the 
plan or least toxic list in the Federal Register 
and seek public comment on the proposals. 
‘‘(B) RECOMMENDATIONS.—The Adminis-
trator shall include in any publication described 
in subparagraph (A) any changes or amend-
VerDate Nov 24 2008 
01:42 Dec 02, 2009
Jkt 089200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H4159.IH
H4159
smartinez on DSKB9S0YB1PROD with BILLS
ments to the proposed plan or least toxic list 
that are recommended to the Administrator. 
‘‘(C) PUBLICATION OF PLAN AND LIST.— 
After evaluating all comments received con-
cerning the proposed least toxic list or proposed 
amendments to the list, the Administrator shall 
publish the final least toxic list in the Federal 
Register, together with a description of com-
ments received no later than 24 months after 
the date of enactment of this section. 
‘‘(e) SCHOOL
INTEGRATED
PEST
MANAGEMENT 
PLANS.—Each local educational agency shall have an inte-
grated pest management plan that guides the school dis-
trict’s integrated pest management program in accordance 
with this subsection. 
‘‘(1) STATE PLANS.—Not later than 30 months 
after the date of enactment of this subsection, each 
State Agency shall— 
‘‘(A) develop an integrated pest manage-
ment plan for local educational agencies in the 
State; and 
‘‘(B) submit the plan to the Administrator 
for approval as part of the State cooperative 
agreement under section 23. 
VerDate Nov 24 2008 
01:42 Dec 02, 2009
Jkt 089200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6201
E:\BILLS\H4159.IH
H4159
smartinez on DSKB9S0YB1PROD with BILLS
‘‘(2) APPROVAL BY ADMINISTRATOR.—Not later 
than 3 months after receiving the integrated pest 
management plan submitted by a State agency 
under paragraph (1), the Administrator shall— 
‘‘(A) determine whether the integrated pest 
management plan, at a minimum, meets the re-
quirements of subsection (b); and 
‘‘(B) if the Administrator determines 
that— 
‘‘(i) the integrated pest management 
plan meets the requirements, approve the 
integrated pest management plan as part 
of the State cooperative agreement under 
section 23; or 
‘‘(ii) the integrated pest management 
plan does not meet the requirements— 
‘‘(I) disapprove the integrated 
pest management plan; 
‘‘(II) provide the State Agency 
with recommendations for and assist-
ance in revising the integrated pest 
management plan to meet the require-
ments; and 
‘‘(III) provide a 3-month deadline 
by which the State Agency shall re-
VerDate Nov 24 2008 
01:42 Dec 02, 2009
Jkt 089200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6201
E:\BILLS\H4159.IH
H4159
smartinez on DSKB9S0YB1PROD with BILLS
submit the revised school pest man-
agement plan to obtain approval of 
the plan, in accordance with the State 
cooperative agreement under section 
23. 
‘‘(3) DISTRIBUTION
OF
STATE
PLAN
TO 
SCHOOLS.—On approval of the integrated pest man-
agement plan of a State Agency, the State Agency 
shall make the school integrated pest management 
plan available to each local educational agency in the 
State. 
‘‘(4) IMPLEMENTATION.—Not later than 42 
months after the date of enactment of this 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 management 
plan that meets the standards and requirements 
under the integrated pest management plan of the 
State agency. 
‘‘(5) STATE PROGRAMS.—If, on the date of en-
actment of this section, a State maintains an inte-
grated pest management plan that, at a minimum, 
meets the standards and criteria established under 
subsection (b) (as determined by the Board), a local 
educational agency in the State may continue to im-
VerDate Nov 24 2008 
01:42 Dec 02, 2009
Jkt 089200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6201
E:\BILLS\H4159.IH
H4159
smartinez on DSKB9S0YB1PROD with BILLS
plement the system in a school or in the school dis-
trict. 
‘‘(f) 
DRIFT
OF
PESTICIDES
ONTO
SCHOOL 
GROUND.—Each local educational agency, State pesticide 
lead agency, and the Administrator shall— 
‘‘(1) identify sources of pesticides that drift 
from treated land to school grounds of the edu-
cational agency; and 
‘‘(2) take steps necessary to create an indoor 
and outdoor school environment that are protected 
from pesticides described in paragraph (1). 
‘‘(g) INVESTIGATIONS AND ORDERS.— 
‘‘(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-
VerDate Nov 24 2008 
01:42 Dec 02, 2009
Jkt 089200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6201
E:\BILLS\H4159.IH
H4159
smartinez on DSKB9S0YB1PROD with BILLS
liminary order (that includes findings) to impose the 
penalty described in subsection (h). 
‘‘(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 
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. 
VerDate Nov 24 2008 
01:42 Dec 02, 2009
Jkt 089200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6201
E:\BILLS\H4159.IH
H4159
smartinez on DSKB9S0YB1PROD with BILLS
‘‘(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. 
‘‘(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 
VerDate Nov 24 2008 
01:42 Dec 02, 2009
Jkt 089200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6201
E:\BILLS\H4159.IH
H4159
smartinez on DSKB9S0YB1PROD with BILLS
paragraph shall not be subject to judicial review 
in a criminal or other civil proceeding. 
‘‘(h) 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 paragraph (3) or (7) of subsection (b) of not 
more than $10,000 for each offense. 
‘‘(2) TRANSFER TO TRUST FUND.—Civil pen-
alties collected under paragraph (1) shall be depos-
ited in the Fund. 
‘‘(i) 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 (h)(2); and 
‘‘(B) any interest earned on investment of 
amounts in the Fund. 
‘‘(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 
VerDate Nov 24 2008 
01:42 Dec 02, 2009
Jkt 089200
PO 00000
Frm 00040
Fmt 6652
Sfmt 6201
E:\BILLS\H4159.IH
H4159
smartinez on DSKB9S0YB1PROD with BILLS
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 (h)(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. 
‘‘(j) 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); 
VerDate Nov 24 2008 
01:42 Dec 02, 2009
Jkt 089200
PO 00000
Frm 00041
Fmt 6652
Sfmt 6201
E:\BILLS\H4159.IH
H4159
smartinez on DSKB9S0YB1PROD with BILLS
‘‘(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 
VerDate Nov 24 2008 
01:42 Dec 02, 2009
Jkt 089200
PO 00000
Frm 00042
Fmt 6652
Sfmt 6201
E:\BILLS\H4159.IH
H4159
smartinez on DSKB9S0YB1PROD with BILLS
‘‘(C) pay compensatory damages, including 
back pay. 
‘‘(k) 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. 
‘‘(l) 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. 
VerDate Nov 24 2008 
01:42 Dec 02, 2009
Jkt 089200
PO 00000
Frm 00043
Fmt 6652
Sfmt 6201
E:\BILLS\H4159.IH
H4159
smartinez on DSKB9S0YB1PROD with BILLS
‘‘(m) REGULATIONS.—Subject to subsection (j), the 
Administrator shall promulgate such regulations as are 
necessary to carry out this section. 
‘‘(n) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
$7,000,000 for each of fiscal years 2011 through 2015.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Federal Insecticide, Fungicide, and 
Rodenticide Act is amended by striking the items relating 
to sections 34 and 35 and inserting the following new 
items: 
‘‘Sec. 34. Integrated pest management program for schools. 
‘‘Sec. 35. Severability. 
‘‘Sec. 36. Authorization for appropriations.’’. 
SEC. 4. EFFECTIVE DATE. 
The amendments made by this Act shall take effect 
at the end of the 180-day period beginning on the date 
of the enactment of this Act. 
Æ 
VerDate Nov 24 2008 
01:42 Dec 02, 2009
Jkt 089200
PO 00000
Frm 00044
Fmt 6652
Sfmt 6301
E:\BILLS\H4159.IH
H4159
smartinez on DSKB9S0YB1PROD with BILLS