[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 121 Introduced in House (IH)]
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.
Congress finds that--
(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;
``(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,
mechanical and biological controls, other
nonchemical 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
applications.
``(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
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).
``(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, 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.
``(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 controlled, 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 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.
``(16) Staff member.--
``(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:
``(A) Parents.
``(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.
``(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 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--
``(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
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.
``(D) Special review.--
``(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.
``(14) Periodic review.--
``(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.
``(D) Notice and comment.--
``(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.
``(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 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;
``(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
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.
``(h) Use of Pesticides.--
``(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;
``(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 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.
``(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 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).
``(4) Administration.--
``(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.
``(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 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
``(iii) direct contact.
``(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).
``(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
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.
``(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 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.
``(k) Civil Penalty.--
``(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.
``(n) Grants.--
``(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. 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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