I
106TH CONGRESS
1ST SESSION
H. R. 3275
To amend the Federal Insecticide, Fungicide, and Rodenticide Act to require
local educational agencies and schools to implement integrated pest man-
agement systems 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
NOVEMBER 9, 1999
Mr. HOLT 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 sys-
tems 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,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘School Environment
Protection Act of 1999’’.
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 National Education Association and
many other national public interest organizations
have announced support for reducing or eliminating
pesticide 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 in-
creased 10 percent between 1974 and 1991, making
cancer the leading cause of childhood death from
disease;
(5) approximately 4,800,000 children in the
United States under the age of 18 have asthma, the
most common chronic illness in children, and the in-
cidence of asthma is on the rise;
(6) children are more susceptible to hazardous
impacts from pesticides than are adults;
(7) numerous scientific studies have linked both
cancer and asthma to pesticide exposure;
(8) the Environmental Protection Agency has
recommended the use of an integrated pest manage-
ment system by local educational agencies, which
emphasizes nonchemical ways of reducing pests,
such as sanitation and maintenance;
(9) integrated pest management—
(A) promotes nonchemical methods of pest
prevention and management using least toxic
pesticides after all other methods have been ex-
hausted; and
(B) requires a notification process by
which each student, parent, guardian, staff
member, and teacher shall be notified of a pes-
ticide application;
(10) parents and guardians have a right to
know that there is an integrated pest management
system in their children’s schools;
(11) an integrated pest management system
provides long-term health and economic benefits;
and
(12) parents and guardians wish to and have a
right to be notified in advance of any use of a pes-
ticide in their children’s schools.
SEC. 3. INTEGRATED PEST MANAGEMENT SYSTEMS FOR
SCHOOLS.
The Federal Insecticide, Fungicide, and Rodenticide
Act is amended—
(1) by redesignating sections 33 and 34 (7
U.S.C. 136x, 136y) as sections 34 and 35, respec-
tively; and
(2) by inserting after section 32 (7 U.S.C.
136w–7) the following:
‘‘SEC. 33. INTEGRATED PEST MANAGEMENT SYSTEMS FOR
SCHOOLS.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) BOARD.—The term ‘Board’ means the Na-
tional School Integrated Pest Management Advisory
Board established under subsection (c).
‘‘(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;
‘‘(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;
‘‘(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).
‘‘(9) LOCAL EDUCATIONAL AGENCY.—The term
‘local educational agency’ has the meaning given the
term in section 14101 of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 8801).
‘‘(10) 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.
‘‘(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
convene—
‘‘(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.