108th CONGRESS
1st Session
H. R. 121
To amend the Federal Insecticide, Fungicide, and Rodenticide Act
to require local educational agencies and schools to implement integrated
pest management 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
January 7, 2003
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 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.
Be it enacted by the Senate and House of Representatives 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 2003'.
SEC. 2. FINDINGS.
(1) in 1992, the National Parent Teacher Association passed a resolution
calling for the reduced use of pesticides in schools and calling on policymakers
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 increased 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
incidence 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 management 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 exhausted; and
(B) requires a notification process by which each student, parent, guardian,
staff member, and teacher shall be notified of a pesticide 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 pesticide 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, respectively; 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 National 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 application of small quantities of a pesticide in a building into
openings such as those commonly found at expansion 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 Integrated Pest Management Trust Fund
established under subsection (m).
`(6) INTEGRATED PEST MANAGEMENT SYSTEM- The term `integrated pest management
system' means a managed pest control system that--
`(A) eliminates or mitigates economic, health, and aesthetic damage caused
by pests;
`(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, mechanical and biological controls, other nonchemical methods,
and (if nontoxic options
are unreasonable and have been exhausted) least toxic pesticides; and
`(i) the use of pesticides; and
`(ii) the risk to human health and the environment associated with pesticide
applications.
`(7) LEAST TOXIC PESTICIDES-
`(A) IN GENERAL- The term `least toxic pesticides' means--
`(i) boric acid and disodium octoborate tetrahydrate;
`(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 including 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, carcinogen, 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 application.
`(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 Secondary
Education Act of 1965 (20 U.S.C. 8801).
`(10) PERSON- The term `person' means--
`(A) an individual that attends, has children enrolled in, works at, or
uses a school;
`(B) a resident of a school district; and
`(C) any other individual that may be affected by pest management activities
of a school.
`(11) OFFICIAL- The term `official' means the official appointed by the
Administrator under subsection (e).
`(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, defoliant, 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 section 14101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 8801));
`(B) secondary school (as defined in section 14101 of that Act); or
`(C) kindergarten or nursery school.
`(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 controlled, managed,
or owned by a school.
`(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 spraying' includes the application of
a pesticide using a broadcast spray, dust, tenting, or fogging.
`(C) EXCLUSION- The term `space spraying' does not include crack and crevice
treatment.
`(A) IN GENERAL- The term `staff member' means an employee of a school
or local educational agency.
`(B) INCLUSIONS- The term `staff member' includes an administrator, teacher,
and other person that is regularly employed by a school or local educational
agency.
`(C) EXCLUSIONS- The term `staff member' 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 application 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 consultation with the Secretary of
Education, shall establish a National School Integrated Pest Management
Advisory System to develop and update uniform standards and criteria for
implementing integrated pest management systems in schools.
`(2) IMPLEMENTATION- Not later than 18 months after the date of enactment
of this subsection, 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 system that complies with this section.
`(3) STATE PROGRAMS- If, on the date of enactment of this section, a State
maintains an integrated pest management system that meets the standards
and criteria established under paragraph (1) (as determined by the Board),
a local educational agency in the State may continue to implement 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 implement 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 MANAGEMENT ADVISORY BOARD-
`(1) IN GENERAL- The Administrator, in consultation with the Secretary of
Education, shall establish a National School Integrated Pest Management
Advisory Board to--
`(A) establish uniform standards and criteria for developing integrated
pest management 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 representative from each of the following groups:
`(B) Public health care professionals.
`(C) Medical professionals.
`(D) State integrated pest management system coordinators.
`(E) Independent integrated pest management specialists that have carried
out school integrated 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 Administrator shall appoint members of the Board from
nominations received from Parent Teacher Associations, school districts,
States, and other interested persons and organizations.
`(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 Administrator.
`(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 reimbursed by the Administrator for expenses (in accordance 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--
`(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 appropriations, 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 provide recommendations to the Administrator
regarding 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 section (including use of least toxic
pesticides); and
`(ii) review and make recommendations to the Administrator with respect
to new proposed active and inert ingredients or proposed amendments
to the list in accordance with subsection (d).
`(C) TECHNICAL ADVISORY PANELS-
`(i) IN GENERAL- The Board shall convene technical advisory panels to
provide scientific evaluations of the materials considered for inclusion
on the list.
`(ii) COMPOSITION- A panel described in clause (i) shall include experts
on integrated pest management, children's health, entomology, health
sciences, and other relevant disciplines.
`(i) IN GENERAL- Not later than 2 years after the initial meeting of
the Board, the Board shall review, with the assistance of a technical
advisory panel, pesticides used in school buildings and on school grounds
for their acute toxicity and chronic effects, including cancer, mutations,
birth defects, reproductive dysfunction, 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 children; and
`(II) may recommend to the Administrator 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 proposed list; and
`(B) cooperate with manufacturers of substances 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.
`(A) IN GENERAL- The Board shall review 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 substance should continue to be included on the list.
`(15) CONFIDENTIALITY- Any business sensitive 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 recommend to the Administrator a list of
least toxic pesticides (including the pesticides described in subsection
(a)(7)) that may be used as least toxic pesticides, any restrictions on
the use of the listed pesticides, and any recommendations regarding restrictions
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
pesticides that may be used in school buildings 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 Administrator shall initiate regulatory
review of all other pesticides recommended for restriction by the Board.
`(B) RECOMMENDATIONS- Not later than 1 year after receiving the proposed
list and restrictions, and recommended restrictions on all other pesticides
from the Board, the Administrator shall--
`(i) publish the proposed list and restrictions and all other proposed
pesticide restrictions in the Federal Register and
seek public comment on the proposed proposals; and
`(ii) after evaluating all comments received concerning the proposed
list and restrictions, 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 Register, together with a discussion
of comments received.
`(C) FINDINGS- Not later than 2 years after publication of the final list
and restrictions, the Administrator shall make a determination and issue
findings on whether use of registered pesticides in school buildings and
on school grounds may endanger the health of children.
`(i) IN GENERAL- Prior to establishing or making amendments to the list,
the Administrator shall publish the proposed list or any proposed amendments
to the list in the Federal Register and seek public comment on the proposals.
`(ii) RECOMMENDATIONS- The Administrator 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 evaluating all comments received concerning
the proposed list or proposed amendments to the list, the Administrator
shall publish the final list in the Federal Register, together with a
description 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 Environmental
Protection Agency to coordinate the development 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 policies;
`(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 assistance to the Board.
`(1) IN GENERAL- Each local educational agency of a school district shall
designate a contact person for carrying out an integrated pest management
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 contact 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 experts; and
`(G) obtain periodic updates and training from State integrated pest management
system experts.
`(3) PESTICIDE USE DATA- A local educational 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 integrated
pest management system of the school district in school calendars or other
forms of universal notification.
`(2) CONTENTS- The notice shall include a description of--
`(A) the integrated pest management system 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 district;
`(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 available 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 disclosed
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 employed during the school year; and
`(B) the parent or guardian of each new student enrolled during the school
year.
`(1) IN GENERAL- If a local educational agency 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 accordance 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
registration 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 applications
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 stated: `Where possible,
persons who potentially are sensitive, such as pregnant women and infants
(less than 2 years old), should avoid any unnecessary pesticide exposure.';
`(v) a description of potential adverse effects of the pesticide based
on the material 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 information related to the pesticide.
`(B) METHOD OF NOTIFICATION- The school may provide the notice required
by subparagraph (A) by--
`(i) written notice sent home with the student and provided to the staff
member;
`(iii) direct contact; or
`(iv) written notice mailed at least 1 week before the application.
`(C) REISSUANCE- If the date of the application 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 application.
`(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 8 1/2 inches by 11 inches; and
`(iii) state the same information as that required for prior notification
of the application under paragraph (2).
`(C) OUTDOOR PESTICIDE APPLICATIONS-
`(i) IN GENERAL- In the case of outdoor 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 accordance with subparagraph
(B).
`(A) APPLICATORS- Paragraphs (2) and (3) shall apply to any person that
applies a pesticide in a school or on a school ground, including 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 parents or guardians
of the students that are using the school in an authorized manner.
`(A) IN GENERAL- A school may apply a pesticide (other than a least toxic
pesticide) in the school or on school grounds without complying with paragraphs
(2) and (3) in an emergency, subject to subparagraph (B).
`(B) SUBSEQUENT NOTIFICATION OF PARENTS, 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 parent 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 notice 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 subparagraph (B) by--
`(i) written notice sent home with the student and provided to the staff
member;
`(ii) a telephone call; or
`(D) POSTING OF SIGNS- A school applying 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 paragraph, the local
educational agency of the school district shall modify the integrated
pest management plan of the school district to minimize the future applications
of pesticides under this paragraph.
`(6) DRIFT OF PESTICIDES ONTO SCHOOL GROUND- Each local educational agency,
State pesticide lead agency, and the Administrator are encouraged 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 indoor and outdoor school environment
that are protected from pesticides described in subparagraph (A).
`(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 designated under subsection (d) to receive and address public
comments regarding the integrated pest management system of the school district.
`(2) EMERGENCY MEETINGS- An emergency meeting of a school board to address
a pesticide application 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 section, the Administrator shall--
`(A) conduct an investigation of the complaint;
`(B) determine whether it is reasonable to believe the complaint has merit;
and
`(C) notify the complainant and the person alleged to have committed the
violation of the findings of the Administrator.
`(2) PRELIMINARY ORDER- If the Administrator determines it is reasonable
to believe a violation occurred, the Administrator shall issue a preliminary
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 subsection 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 terminated by a settlement agreement, which shall remain open, entered
into by the Administrator, the complainant, and the person alleged to have
committed the violation.
`(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 affected 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 district 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.
`(1) IN GENERAL- Any local educational agency, 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 collected 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 subparagraph (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 collected 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 necessary 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 withdrawals. Investments may be made only in
interest-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 obligations at the market price.
`(C) SALE OF OBLIGATIONS- Any obligation 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 subsection 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
transferred to the extent prior estimates were in excess 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 deposit into the Fund.
`(m) EMPLOYEE PROTECTION-
`(1) IN GENERAL- No local educational agency, school, or person may harass,
prosecute, hold liable, or discriminate against any employee or other person
because the employee or other person--
`(A) is assisting or demonstrating an intent 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 regulation); or
`(C) has commenced, caused to be commenced, or is about to commence a
proceeding, has testified or is about to testify at a proceeding, 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 paragraph (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.
`(1) IN GENERAL- The Administrator, in consultation with the Secretary of
Education, shall provide grants to local educational agencies to develop
and implement integrated pest management systems in schools in the school
district of the local educational agencies.
`(2) AMOUNT- The amount of a grant provided to a local educational agency
of a school district 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 students enrolled in schools in all school districts
in the United States.
`(o) RELATIONSHIP TO STATE AND LOCAL REQUIREMENTS- This section (including
regulations promulgated under this section) shall not preempt requirements
imposed 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. 35. Authorization of appropriations.'.
SEC. 5. EFFECTIVE DATE.
This Act and the amendments made by this Act take effect on October 1, 2002.
END
