‘‘(11) OFFICIAL.—The term ‘official’ means the 
official appointed by the Administrator under sub-
section (e). 
‘‘(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. 
‘‘(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 14101 of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 8801)); 
‘‘(B) secondary school (as defined in sec-
tion 14101 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, or owned by a school. 
‘‘(15) SPACE SPRAYING.—
‘‘(A) IN
GENERAL.—The term ‘space 
spraying’ means application of a pesticide by 
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 
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-
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 a school ground is 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-
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. 
‘‘(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. 
‘‘(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
‘‘(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-
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 
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.—
‘‘(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-
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
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. 
‘‘(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; 
‘‘(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; 
‘‘(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. 
‘‘(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 a school ground 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
‘‘(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. 
‘‘(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-
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 
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 ground 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 81⁄2 inches by 11 
inches; and 
‘‘(iii) state the same information as 
that required for prior notification of the 
application under paragraph (2).
‘‘(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 a school ground, 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-
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 
‘‘(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 
GROUND.—Each local educational agency, State pes-
ticide 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.—
‘‘(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
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. 
‘‘(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. 
‘‘(l) INTEGRATED
PEST
MANAGEMENT
TRUST 
FUND.—
‘‘(1) ESTABLISHMENT.—There is established in 
the Treasury of the United States a trust fund to 
be known as the ‘Integrated Pest Management 
Trust Fund’, consisting of—
‘‘(A) amounts deposited in the Fund under 
subsection (j)(2);
‘‘(B) amounts transferred to the Secretary 
of the Treasury for deposit into the Fund under 
paragraph (5); and 
‘‘(C) any interest earned on investment of 
amounts in the Fund under paragraph (3). 
‘‘(2) EXPENDITURES FROM FUND.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), on request by the Administrator, the 
Secretary of the Treasury shall transfer from 
the Fund to the Administrator, without further 
appropriation, such amounts as the Secretary 
determines are necessary to provide funds to 
each State educational agency of a State, in 
proportion to the amount of civil penalties col-
lected in the State under subsection (j)(1), to 
carry out education, training, propagation, and 
development activities under integrated pest 
management systems of schools in the State to 
remedy the harmful effects of actions taken by 
the persons that paid the civil penalties. 
‘‘(B) 
ADMINISTRATIVE
EXPENSES.—An 
amount not to exceed 6 percent of the amounts 
in the Fund shall be available for each fiscal 
year to pay the administrative expenses nec-
essary to carry out this subsection.
‘‘(3) INVESTMENT OF AMOUNTS.—
‘‘(A) IN GENERAL.—The Secretary of the 
Treasury shall invest such portion of the Fund 
as is not, in the judgment of the Secretary of 
the Treasury, required to meet current with-
drawals. Investments may be made only in in-
terest-bearing obligations of the United States. 
‘‘(B) ACQUISITION OF OBLIGATIONS.—For 
the purpose of investments under subparagraph 
(A), obligations may be acquired—
‘‘(i) on original issue at the issue 
price; or 
‘‘(ii) by purchase of outstanding obli-
gations at the market price. 
‘‘(C) SALE OF OBLIGATIONS.—Any obliga-
tion acquired by the Fund may be sold by the 
Secretary of the Treasury at the market price.
‘‘(D) CREDITS TO FUND.—The interest on, 
and the proceeds from the sale or redemption 
of, any obligations held in the Fund shall be 
credited to and form a part of the Fund. 
‘‘(4) TRANSFERS OF AMOUNTS.—
‘‘(A) IN GENERAL.—The amounts required 
to be transferred to the Fund under this sub-
section shall be transferred at least monthly
from the general fund of the Treasury to the 
Fund on the basis of estimates made by the 
Secretary of the Treasury. 
‘‘(B) ADJUSTMENTS.—Proper adjustment 
shall be made in amounts subsequently trans-
ferred to the extent prior estimates were in ex-
cess of or less than the amounts required to be 
transferred. 
‘‘(5) ACCEPTANCE AND USE OF DONATIONS.—
The Secretary may accept and use donations to 
carry out paragraph (2)(A). Amounts received by 
the Secretary in the form of donations shall be 
transferred to the Secretary of the Treasury for de-
posit into the Fund. 
‘‘(m) EMPLOYEE PROTECTION.—
‘‘(1) IN GENERAL.—No local educational agen-
cy, school, or person may harass, prosecute, hold lia-
ble, or discriminate against any employee or other 
person because the employee or other person—
‘‘(A) is assisting or demonstrating an in-
tent to assist in achieving compliance with this 
section (including any regulation); 
‘‘(B) is refusing to violate or assist in the 
violation of this section (including any regula-
tion); or
‘‘(C) has commenced, caused to be com-
menced, or is about to commence a proceeding, 
has testified or is about to testify at a pro-
ceeding, or has assisted or participated or is 
about to participate in any manner in such a 
proceeding or in any other action to carry out 
this section. 
‘‘(2) COMPLAINTS.—Not later than 1 year after 
an alleged violation occurred, an employee or other 
person alleging a violation of this section, or another 
person at the request of the employee, may file a 
complaint with the Administrator. 
‘‘(3) REMEDIAL ACTION.—If the Administrator 
decides, on the basis of a complaint, that a local 
educational agency, school, or person violated para-
graph (1), the Administrator shall order the local 
educational agency, school, or person to—
‘‘(A) take affirmative action to abate the 
violation; 
‘‘(B reinstate the complainant to the 
former position with the same pay and terms 
and privileges of employment; and 
‘‘(C) pay compensatory damages, including 
back pay. 
‘‘(n) GRANTS.—
‘‘(1) IN GENERAL.—The Administrator, in con-
sultation with the Secretary of Education, shall pro-
vide grants to local educational agencies to develop 
and implement integrated pest management systems 
in schools in the school district of the local edu-
cational agencies. 
‘‘(2) AMOUNT.—The amount of a grant pro-
vided to a local educational agency of a school dis-
trict under paragraph (1) shall be based on the ratio 
that the number of students enrolled in schools in 
the school district bears to the total number of stu-
dents enrolled in schools in all school districts in the 
United States. 
‘‘(o) RELATIONSHIP TO STATE AND LOCAL REQUIRE-
MENTS.—This section (including regulations promulgated 
under this section) shall not preempt requirements im-
posed on local educational agencies and schools related to
the use of integrated pest management by State or local 
law (including regulations) that are more stringent than 
the requirements imposed under this section. 
‘‘(p) REGULATIONS.—Subject to subsection (m), the 
Administrator shall promulgate such regulations as are 
necessary to carry out this section. 
‘‘(q) RESTRICTION ON PESTICIDE USE.—Not later 
than 6 years after the date of enactment of this section,
no pesticide, other than a pesticide that is defined as a 
least toxic pesticide under this subsection, shall be used 
in a school or on school grounds unless the Administrator 
has met the deadlines and requirements of this section. 
‘‘(r) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
$7,000,000 for each of fiscal years 2003 through 2007.’’.
SEC. 4. CONFORMING AMENDMENT. 
The table of contents in section 1(b) of the Federal 
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 
prec. 121) is amended by striking the items relating to 
sections 30 through 32 and inserting the following:
‘‘Sec. 30. Minimum requirements for training of maintenance applicators and 
service technicians. 
‘‘Sec. 31. Environmental Protection Agency minor use program. 
‘‘Sec. 32. Department of Agriculture minor use program. 
‘‘(a) In general. 
‘‘(b)(1) Minor use pesticide data. 
‘‘(2) Minor Use Pesticide Data Revolving Fund. 
‘‘Sec. 33. Integrated pest management systems for schools. 
‘‘(a) Definitions. 
‘‘(1) Board. 
‘‘(2) Contact person. 
‘‘(3) Crack and crevice treatment. 
‘‘(4) Emergency. 
‘‘(5) Fund. 
‘‘(6) Integrated pest management system. 
‘‘(7) Least toxic pesticides. 
‘‘(8) List. 
‘‘(9) Local educational agency. 
‘‘(10) Official. 
‘‘(11) Person. 
‘‘(12) Pesticide. 
‘‘(13) School. 
‘‘(14) School ground. 
‘‘(15) Space spraying. 
‘‘(16) Staff member. 
‘‘(17) State educational agency. 
‘‘(18) Universal notification. 
‘‘(b) Integrated pest management systems. 
‘‘(1) In general.
‘‘(2) Implementation. 
‘‘(3) State programs. 
‘‘(4) Application to schools and school grounds. 
‘‘(5) Application of pesticides when schools in use. 
‘‘(c) National School Integrated Pest Management Advisory Board 
‘‘(1) In general. 
‘‘(2) Composition of Board. 
‘‘(3) Appointment. 
‘‘(4) Term. 
‘‘(5) Meetings. 
‘‘(6) Compensation. 
‘‘(7) Chairperson. 
‘‘(8) Quorum. 
‘‘(9) Decisive votes. 
‘‘(10) Administration. 
‘‘(11) Responsibilities of the Board. 
‘‘(12) Requirements. 
‘‘(13) Petitions. 
‘‘(14) Periodic review. 
‘‘(15) Confidentiality. 
‘‘(d) List of Least Toxic Pesticides. 
‘‘(1) In general. 
‘‘(2) Procedure for evaluating pesticide use. 
‘‘(e) Office of Pesticide Programs. 
‘‘(1) Establishment. 
‘‘(2) Duties. 
‘‘(f) Contact person. 
‘‘(1) In general. 
‘‘(2) Duties. 
‘‘(3) Pesticide use data. 
‘‘(g) Notice of Integrated Pest Management System. 
‘‘(1) In general. 
‘‘(2) Contents. 
‘‘(3) Use of pesticides. 
‘‘(4) New employees and students. 
‘‘(h) Use of pesticides. 
‘‘(1) In general. 
‘‘(2) Prior notification of parents, guardians, and staff members. 
‘‘(3) Posting of signs. 
‘‘(4) Administration. 
‘‘(5) Emergencies. 
‘‘(6) Drift of pesticides onto school ground. 
‘‘(i) Meetings. 
‘‘(1) In general. 
‘‘(2) Emergency meetings. 
‘‘(j) Investigations and orders. 
‘‘(1) In general. 
‘‘(2) Preliminary order. 
‘‘(3) Objections to preliminary order. 
‘‘(4) Hearing. 
‘‘(5) Final order. 
‘‘(6) Settlement agreement. 
‘‘(7) Costs. 
‘‘(8) Judicial review and venue. 
‘‘(k) Civil penalty.
‘‘(1) In general. 
‘‘(2) Transfer to Trust Fund. 
‘‘(l) Integrated Pest Management Trust Fund. 
‘‘(1) Establishment. 
‘‘(2) Expenditures from Fund. 
‘‘(3) Investment of amounts. 
‘‘(4) Transfers of amounts. 
‘‘(5) Acceptance and use of donations. 
‘‘(m) Employee protection. 
‘‘(1) In general. 
‘‘(2) Complaints. 
‘‘(3) Remedial action. 
‘‘(n) Grants. 
‘‘(1) In general. 
‘‘(2) Amount. 
‘‘(o) Relationship to State and local requirements. 
‘‘(p) Regulations. 
‘‘(q) Restriction on pesticide use. 
‘‘(r) Authorization of appropriations. 
‘‘Sec. 34. Severability. 
‘‘Sec. 35. Authorization of appropriations.’’.
SEC. 5. EFFECTIVE DATE. 
This Act and the amendments made by this Act take 
effect on October 1, 2002.
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