1.This Act may be cited as the
School Environment Protection Act of
2009
.
2.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 Centers for
Disease Control and Prevention, 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 has increased over the past 30 years, making
cancer the leading cause of childhood death from disease;
(5)approximately
6,500,000 (or nearly 9 percent of) children in the United States under the age
of 18 have asthma, the most common chronic illness in children, double the
percentage who were reported to have the illness in 1980, and the incidence of
asthma continues to rise;
(6)children are more
susceptible to hazardous impacts from pesticides than are adults due to their
physiological and behavioral characteristics;
(7)numerous
scientific studies have linked cancer, neurological problems, and asthma to
pesticide exposure;
(8)the Department of
Agriculture states that current pest management practices in schools are in
need of improvement and full implementation of integrated pest management
practices is affordable and cost effective;
(9)the Environmental
Protection Agency and the Centers for Disease Control and Prevention recommend
the use of an integrated pest management program by local educational agencies,
which emphasizes nonchemical ways of reducing pests, such as sanitation and
maintenance and good soil health;
(10)integrated pest
management—
(A)promotes
nonchemical methods of pest prevention and management using least toxic
pesticides only after all other nontoxic methods have been exhausted;
and
(B)will eliminate or
significantly reduce the use of and exposure to pesticides in the management of
buildings, playing fields, landscapes;
(11)an integrated pest management program
provides long-term health and economic benefits as well as complements other
important goals of school maintenance and administration, including energy
conservation, food safety, and security; and
(12)parents and
guardians wish to and have a right to be notified of any use of a pesticide in
their children’s schools.
3.Integrated pest
management program for schools
(a)The
Federal Insecticide, Fungicide, and Rodenticide
Act is amended—
(1)by redesignating
sections 34 and 35 (7 U.S.C. 136x, 136y) as sections 35 and 36, respectively;
and
(2)by inserting after
section 33 (7 U.S.C. 136w–8) the following:
34.Integrated pest
management program for schools
(a)In
this section:
(1)The
term Administrator means the Administrator of the Environmental
Protection Agency.
(2)The
term Board means the National School Integrated Pest Management
Advisory Board established under subsection (c).
(3)Crack and
crevice treatmentThe term crack and crevice
treatment means the application of small quantities of a pesticide into
openings in a building such as those commonly found at expansion joints,
between levels of construction, and between equipment and floors.
(4)The term EPA means the
Environmental Protection Agency.
(5)The
term Fund means the Integrated Pest Management Trust Fund
established under subsection (i).
(6)Integrated pest
managementThe term integrated pest management means
a managed pest control program that—
(A)eliminates or
mitigates economic and health damage caused by pests;
(B)uses—
(i)integrated
methods;
(ii)site or pest
inspections;
(iii)pest population
monitoring and prevention strategies;
(iv)an evaluation of
the need for pest control; and
(v)1
or more pest prevention and management methods that incorporate exclusion
techniques, such as habitat modifications, sanitation practices, entryway
closures, structural repair, mechanical and biological controls, other
nonchemical methods, and (if nontoxic options have been exhausted) least toxic
pesticides; and
(C)minimizes—
(i)the use of
pesticides; and
(ii)the hazards to
human health and the environment associated with pesticide applications.
(7)The term IPM coordinator means an
individual who is designated by a local educational agency to carry out
implementation of the school integrated pest management plan of a school
district.
(8)The term least toxic list means the list of
least toxic pesticides established under subsection (c)(12)(B).
(9)
(A)The term least toxic pesticide means any
pesticide product or ingredient that, at a minimum, has not been classified as,
or found to have, any of the following characteristics or ingredients:
(i)Toxicity Category
I or II by the EPA (pesticides identified by the words DANGER
or
WARNING
on the label).
(ii)A
developmental or reproductive toxicant as defined by the State of California
Proposition 65 Chemicals Known to Cause Developmental or Reproductive
Harm.
(iii)A carcinogen, as designated by—
(I)EPA’s List of
Chemicals Evaluated for Carcinogenic Potential (chemicals classified as a human
carcinogen, likely to be carcinogenic to humans, a known or likely carcinogen,
a probable human carcinogen, suggestive evidence or a possible human
carcinogen);
(II)the International
Agency for Research on Cancer (IARC) (chemicals classified as carcinogenic to
humans or probably or possibly carcinogenic to humans);
(III)the United
States National Toxicology Program (NTP) (chemicals classified as known or
reasonably anticipated to be human carcinogens); or
(IV)the State of
California’s Proposition 65.
(iv)Neurologic
cholinesterase inhibitors, as designated by California Department of Pesticide
Regulation or the Materials Safety Data Sheet (MSDS) for the particular
chemical.
(v)Known groundwater
contaminants, as designated by the state of California (for actively registered
pesticides).
(vi)Pesticides
formulated or applied as dusts, powder or aerosols, unless used in a way that
virtually eliminates inhalation hazard, such as when applied to cracks or
crevices and sealed after the application, or used as a directed spray into the
entrance of an insect nest.
(vii)Nervous system
toxicants, including chemicals such as cholinesterase inhibitors or chemicals
associated with neurotoxicity by a mechanism other than cholinesterase
inhibition, or listed or identified in or on any of the following lists:
(I)Toxics Release
Inventory (TRI), EPA EPCRA section 313.
(II)EPA
Reregistration Eligibility Decisions (RED).
(III)Insecticide
Resistance Action Committee (IRAC) Mode of Action Classification: Acetylcholine
esterase inhibitors; GABA-gated chloride channel antagonists; Sodium channel
modulators; Nicotinic Acetylcholine receptor agonists or antagonists; Nicotinic
Acetylcholine receptor agonists; Chloride channel activators;
Octopaminergic agonists; Voltage-dependent sodium channel blockers; or
Neuronal inhibitors (unknown mode of action).
(viii)Endocrine disruptors, which include
chemicals that are known to or likely to interfere with the endocrine system in
humans or wildlife, based on the European Commission (EC) List of 146
substances with endocrine disruption classifications, Annex 13 (and any
subsequent lists issued as follow-up, revisions, or extensions or based on any
list created by the EPA that identifies endocrine disruptors).
(ix)Regarding outdoor
use: Adversely affects the environment or wildlife, based on any of the
following:
(I)Label
precautionary statements including toxic or extremely
toxic to bees, birds, fish, aquatic invertebrates, wildlife or other
nontarget organisms, unless environmental exposure can be virtually
eliminated.
(II)Pesticides with
ingredients with moderate or high mobility in soil, or with a soil half-life of
30 days or more (except for mineral products).
(x)Has data gaps or
missing information in EPA registration documents, including pesticide fact
sheets, or EPA reregistration eligibility decisions, which EPA is requiring the
registrant to provide.
(xi)Contaminants and
metabolites recognized by EPA that violate any of the above criteria.
(B)A least toxic pesticide may include—
(i)containerized
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;
and
(vii)biological,
living control agents.
(10)The term local educational agency
has the meaning given the term in section 9101 of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801).
(11)Natural organic
fertilizer
(A)The term
natural organic fertilizer means fertilizers that contain
nutrients naturally derived solely from the remains or a by-product of an
organism, or from a mineral.
(B)The
term includes cottonseed meal, fish emulsion, compost, and composted
manure.
(C)The terms does not include any fertilizer
containing biosolids or synthetic ingredients, natural minerals, or substances
that are reacted with acids or produced in a petro-chemical process.
(12)The term official means the
official for school pest management appointed by the Administrator within the
Office of Pesticide Programs of the EPA to coordinate the development and
implementation of integrated pest management systems in schools.
(13)
(A)The term pesticide means any substance or
mixture of substances intended for—
(i)preventing,
destroying, repelling, or mitigating any pest;
(ii)use as a plant
regulator, defoliant, or desiccant; or
(iii)use as a spray
adjuvant such as a wetting agent or adhesive.
(B)The term pesticide does not
include cleaning products, other than those that contain pesticidal
agents.
(14)The term public health emergency means an
urgent need to mitigate or eliminate a pest that threatens the health or safety
of a student or staff member.
(15)The
term school means a school that—
(A)is a public school
or is receiving Federal funding; and
(B)is—
(i)an elementary school (as defined in section
9101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801));
(ii)a
secondary school (as defined in such section); or
(C)a kindergarten or nursery school.
(16)
(A)The term school grounds means the area
outside of the school buildings controlled, managed, leased, or owned by the
school or school district.
(B)The
term school grounds includes a lawn, playground, sports field, and
any other property or facility controlled, managed, leased, or owned by a
school.
(17)
(A)The term staff member means an employee of a
school or local educational agency.
(B)The
term staff member includes an administrator, teacher, and other
person that is regularly employed by a school or local educational
agency.
(C)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.
(18)The term
State educational agency has the meaning given the term in section
9101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801).
(19)The term State agency means an agency of a
State, or an agency of an Indian tribe or tribal organization (as those terms
are defined in section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 16450b)), that exercises primary jurisdiction over
matters relating to pesticide regulation.
(20)
(A)The term
synthetic fertilizer means a substance containing a plant nutrient
created by a synthetic, chemical process, including triple super phosphate made
by treating rock phosphate with phosphoric acid, potassium chloride, urea quick
release synthetic fertilizers, and petroleum-based fertilizers.
(B)The
term does not include natural organic fertilizers that are made from naturally
occurring materials, such as blood meal, fish or kelp, or manure-based organic
compost.
(21)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 Components
(1)Each local educational agency of a school district shall
implement an integrated pest management program, that at a minimum—
(A)applies to school
buildings and school grounds;
(B)establishes an IPM
coordinator within the local education agency responsible for carrying out the
integrated pest management plan in schools in the school district; and
(C)follows an integrated pest management plan
for addressing school pest problems.
(2)Duties of IPM
coordinatorThe IPM coordinator of a school district
shall—
(A)oversee the
implementation of the integrated pest management plan;
(B)act as a contact
for inquiries about the integrated pest management plan;
(C)maintain and make
available to parents, guardians, school staff, and any person upon request
material safety data sheets, labels, and fact sheets or other official
information related to the pesticides (including least toxic pesticides), as
approved by the Administrator for all pesticides that may be used in the school
district;
(D)be informed of
Federal and State chemical health and safety information and 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;
(G)obtain periodic
updates and training from State integrated pest management system
experts;
(H)pre-approve any public health emergency
pesticide applications; and
(I)maintain all
pesticide use data for each pesticide used at the school for at least 3 years
after the date on which the pesticide is applied.
(3)Except as set
forth in paragraph (6), a local educational agency or school—
(A)may not use pesticides other than nontoxic
or least toxic pesticides as provided in subparagraph (B); and
(B)may only use a
least toxic pesticide as part of the integrated pest management program, under
which the least toxic pesticide is only used as a last resort and only if the
area or room treated is unoccupied or not in use by students or staff
members.
(4)A local educational agency or school may only use
natural organic fertilizers. The use of a synthetic fertilizer is
prohibited.
(5)Notice of
integrated pest management program
(A)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 plan of the school district in school calendars,
handbooks, or other forms of universal notification.
(B)The
notice shall include a description of—
(i)the integrated
pest management plan of the school district;
(ii)the name, address, and telephone number of
the IPM coordinator of the school district;
(iii)a statement
that—
(I)the IPM
coordinator maintains the product label and material safety data sheet of each
pesticide (including each least toxic pesticide) that may be used by a school
in buildings or on school grounds;
(II)the label and
data sheet is available for review by a parent, guardian, staff member, student
or any other interested person upon request; and
(III)the IPM
coordinator is available to parents, guardians, and staff members for
information and comment; and
(iv)the time and
place of any meetings that will be held under paragraph (7).
(C)New employees
and studentsAfter 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—
(i)each new staff
member who is employed during the school year; and
(ii)the parent or
guardian of each new student enrolled during the school year.
(6)
(A)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 program and least toxic pesticides and it is a
public health emergency, the school may use a pesticide in accordance with this
subsection.
(B)IPM coordinator
approval requiredThe IPM
Coordinator shall approve, after identifying the pesticide product ingredients
and acute and chronic adverse health effects, the pesticide product before any
public health emergency application can be made.
(C)The use of an area
or room treated by a pesticide (other than a least toxic pesticide) in response
to a public health emergency shall not be occupied or used at the time of
application or during the 24-hour period beginning at the end of the
application.
(D)The pesticide
application shall only be made by a State certified pesticide
applicator.
(E)Notification of
parents, guardians, and staff membersThe school shall provide to a parent or
guardian of each student enrolled at the school and each staff member of the
school notice of the application of the pesticide in response to a public
health emergency. Notification shall be provided at least 24 hours prior to the
application. The notification shall include the following:
(i)The common name,
trade name, and EPA registration number of the pesticide.
(ii)A description of the location of the
application of the pesticide.
(iii)A description of the date and time of
application.
(iv)The statement The EPA cannot
guarantee that registered pesticides do not pose risks, and unnecessary
exposure to pesticides should be avoided
.
(v)A description of potential adverse effects
of the pesticide based on the material safety data sheet of the pesticide any
additional warning information related to the pesticide.
(vi)The name and
telephone number of the IPM coordinator of the school district.
(vii)A description of
the problem and the factors that qualified the problem as a public health
emergency.
(viii)A description
of the steps the school will take in the future to avoid application of a
pesticide in response to a public health emergency.
(F)Method of
universal notificationThe school may provide the notice
by—
(i)written notice
sent home with the student and provided to staff members;
(ii)a notice delivered electronically (such as
through electronic mail or facsimile);
(iii)a telephone call; or
(iv)direct contact.
(G)
(i)A school applying a
pesticide under this paragraph shall post a sign warning of the application of
the pesticide—
(I)in a prominent
place that is in or adjacent to the location to be treated; and
(II)at each entrance
to the building or school ground to be treated.
(ii)A
sign required under clause (i) 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
8½ inches by 11 inches; and
(III)state the same
information as that required for prior notification of the application under
subparagraph (E).
(H)Subparagraphs (E) and
(G) shall apply—
(i)during the school
year; and
(ii)during holidays
and the summer months, if the school is in use, with notice provided to all
staff members and the parents and guardians of the students that are using the
school in an authorized manner.
(I)Modification of
integrated pest management plansIf 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.
(7)
(A)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 IPM
coordinator designated this subsection to receive and address public comments
regarding the integrated pest management program of the school district.
(B)An emergency meeting of a school board to address a
pesticide application may be called under locally appropriate procedures for
convening emergency meetings.
(c)National School
Integrated Pest Management Advisory Board
(1)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;
(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)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 program coordinators.
(E)Independent
integrated pest management specialists that have carried out school integrated
pest management programs.
(F)Environmental and
children’s health advocacy groups.
(G)Organic lawn care
professionals.
(H)Trade
organizations for pest management.
(I)Teachers and staff
members.
(J)School maintenance
staff.
(K)School
administrators.
(L)School board
members.
(3)Not
later than 90 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)Board members shall not have a conflict of interest or
have an affiliation with or a financial interest in the sale or use of a
pesticide.
(5)
(A)A member of the Board shall serve for a term of 5 years,
except that the Administrator may randomly shorten the terms of the original
members of the Board in order to provide for a staggered term of appointment
for all members of the Board.
(B)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)In no event may a member of the Board serve for more than 6
consecutive years.
(6)The
Administrator shall convene—
(A)an initial meeting
of the Board not later than 90 days after the appointment of the members;
and
(B)subsequent
meetings on a periodic basis, but not less often than 2 times each year.
(7)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.
(8)The
Board shall select a Chairperson for the Board.
(9)A
majority of the members of the Board shall constitute a quorum for the purpose
of conducting business.
(10)Two-thirds of the votes cast at a meeting of the Board at
which a quorum is present shall be decisive for any motion.
(11)The
Administrator—
(A)shall—
(i)authorize the
Board to hire a staff director; and
(ii)detail EPA staff
or allow for the hiring of staff for the Board; and
(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.
(12)Responsibilities
of the board
(A)Integrated pest
management plansNot later
than one year after the initial meeting of the Board, the Board shall develop
uniform standards and criteria for integrated pest management in schools and
provide them to each State Agency.
(B)List of least
toxic pesticidesNot later than 1 year after the initial meeting
of the Board, the Board shall—
(i)submit to the
Administrator an initial list of products containing least toxic pesticides and
any restrictions on the use of the listed pesticides, beginning with the list
provided in subsection (a)(8)(B);
(ii)screen additional
products to be included in the least toxic list on a bi-annual basis;
and
(iii)evaluate all public comments received
concerning the proposed least toxic list and restrictions, but not later than
90 days after the close of the period during which public comments are
accepted, and establish a final least toxic list for the Administrator to
publish in the Federal Register.
(C)Technical
advisory panels
(i)The Board shall
convene technical advisory panels to provide scientific evaluations of the
materials considered for inclusion on the least toxic list.
(ii)A
panel described in clause (i) shall include experts on integrated pest
management, children’s health, entomology, health sciences, and other relevant
disciplines.
(13)In establishing the proposed least toxic
list, the Board shall—
(A)review available information from the EPA,
the National Institute of Environmental Health Sciences, medical and scientific
literature, and such other sources as appropriate, concerning the potential for
adverse human and environmental effects of substances considered for inclusion
in the proposed least toxic list; and
(B)cooperate with manufacturers of substances
considered for inclusion in the proposed least toxic list to obtain a complete
list of ingredients and determine that such substances contain inert
ingredients that are included on the EPA’s List 4 (Inerts of Minimal
Concern).
(14)The Board shall establish procedures under
which individuals may petition the Board for the purpose of evaluating
substances for inclusion on, or rescission from, the least toxic list.
(15)
(A)The Board shall
review each substance included on the least toxic list at least once during
each 5-year period beginning on—
(i)the date that the substance was initially
included on the least toxic list; or
(ii)the date of the
last review of the substance under this subsection.
(B)Submission to
administratorThe Board shall
submit the results of a review under subparagraph (A) to the Administrator
regarding the issue of whether the substance should continue to be included on
the least toxic list.
(16)Any information regarding the formulation
of the pesticides obtained by the Board in carrying out this section shall be
treated as public information by the Board and shall be made available to the
public.
(d)Office of
Pesticide Programs
(1)The
Administrator shall appoint an official for school pest management within the
Office of Pesticide Programs of the EPA to coordinate the development and
implementation of integrated pest management programs in schools.
(2)The
official shall—
(A)coordinate the
development of school integrated pest management plans;
(B)consult with
schools concerning—
(i)issues related to
school integrated pest management programs;
(ii)the use of least
toxic pesticides; and
(iii)the registration
of pesticides, and amendments to the registrations, as the registrations and
amendments relate to the use of integrated pest management programs in
schools;
(C)support and
provide technical assistance to the Board; and
(D)work in consultation with the Secretary of
Education.
(3)Publication in
federal registerAfter receiving the integrated pest management
plan and the least toxic list and any restrictions from the Board, the
Administrator shall—
(A)publish the proposed plan and least toxic
list and any restrictions in the Federal Register with a 90-day public comment
period on the proposals; and
(B)publish the final plan and least toxic list
and restrictions developed by the Board in subsection (c)(12)(B) in the Federal
Register, together with a discussion of comments received.
(4)
(A)The Administrator
shall publish any proposed amendments to the plan or least toxic list in the
Federal Register and seek public comment on the proposals.
(B)The Administrator shall include in any
publication described in subparagraph (A) any changes or amendments to the
proposed plan or least toxic list that are recommended to the
Administrator.
(C)Publication of
plan and listAfter
evaluating all comments received concerning the proposed least toxic list or
proposed amendments to the list, the Administrator shall publish the final
least toxic list in the Federal Register, together with a description of
comments received no later than 24 months after the date of enactment of this
section.
(e)School
integrated pest management plansEach local educational agency
shall have an integrated pest management plan that guides the school district’s
integrated pest management program in accordance with this subsection.
(1)Not later than 30
months after the date of enactment of this subsection, each State Agency
shall—
(A)develop an
integrated pest management plan for local educational agencies in the State;
and
(B)submit the plan to the Administrator for
approval as part of the State cooperative agreement under section 23.
(2)Approval by
administratorNot later than 3 months after receiving the
integrated pest management plan submitted by a State agency under paragraph
(1), the Administrator shall—
(A)determine whether
the integrated pest management plan, at a minimum, meets the requirements of
subsection (b); and
(B)if the
Administrator determines that—
(i)the integrated pest management plan meets
the requirements, approve the integrated pest management plan as part of the
State cooperative agreement under section 23; or
(ii)the integrated
pest management plan does not meet the requirements—
(I)disapprove the
integrated pest management plan;
(II)provide the State
Agency with recommendations for and assistance in revising the integrated pest
management plan to meet the requirements; and
(III)provide a 3-month deadline by which the
State Agency shall resubmit the revised school pest management plan to obtain
approval of the plan, in accordance with the State cooperative agreement under
section 23.
(3)Distribution of
state plan to schoolsOn approval of the integrated pest
management plan of a State Agency, the State Agency shall make the school
integrated pest management plan available to each local educational agency in
the State.
(4)Not
later than 42 months after the date of enactment of this section, each local
educational agency of a school district shall develop and implement in each of
the schools in the school district an integrated pest management plan that
meets the standards and requirements under the integrated pest management plan
of the State agency.
(5)If, on the date of enactment of this section, a State
maintains an integrated pest management plan that, at a minimum, meets the
standards and criteria established under subsection (b) (as determined by the
Board), a local educational agency in the State may continue to implement the
system in a school or in the school district.
(f)Drift of
pesticides onto school groundEach local educational agency,
State pesticide lead agency, and the Administrator shall—
(1)identify sources
of pesticides that drift from treated land to school grounds of the educational
agency; and
(2)take steps
necessary to create an indoor and outdoor school environment that are protected
from pesticides described in paragraph (1).
(g)Investigations
and Orders
(1)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)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 (h).
(3)Objections to
preliminary order
(A)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)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)A
hearing under this subsection shall be conducted expeditiously.
(5)Not later than 120 days after the end of the hearing, the
Administrator shall issue a final order.
(6)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)
(A)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)The
Administrator shall determine the amount of the costs that were reasonably
incurred by the complainant.
(8)Judicial review
and venue
(A)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)The
review shall be heard and decided expeditiously.
(C)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.
(h)
(1)Any local educational agency, school, or person that
violates this section may be assessed a civil penalty by the Administrator
under paragraph (3) or (7) of subsection (b) of not more than $10,000 for each
offense.
(2)Civil penalties collected under paragraph (1) shall be
deposited in the Fund.
(i)Integrated Pest
Management Trust Fund
(1)There
is established in the Treasury of the United States a trust fund to be known as
the Integrated Pest Management Trust Fund
, consisting of—
(A)amounts deposited
in the Fund under subsection (h)(2); and
(B)any interest
earned on investment of amounts in the Fund.
(2)
(A)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 (h)(1), to carry out education, training, propagation, and
development activities under integrated pest management systems of schools in
the State to remedy the harmful effects of actions taken by the persons that
paid the civil penalties.
(B)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.
(j)
(1)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)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)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.
(k)
(1)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)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.
(l)Relationship to
State and Local RequirementsThis 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.
(m)Subject
to subsection (j), the Administrator shall promulgate such regulations as are
necessary to carry out this section.
(n)Authorization of
AppropriationsThere are authorized to be appropriated to carry
out this section $7,000,000 for each of fiscal years 2011 through
2015.
.
(b)The table of
contents in section 1(b) of the Federal
Insecticide, Fungicide, and Rodenticide Act is amended by striking
the items relating to sections 34 and 35 and inserting the following new
items:
Sec. 34. Integrated pest management
program for schools.
Sec. 35. Severability.
Sec. 36. Authorization for
appropriations.
.
4.The amendments made by
this Act shall take effect at the end of the 180-day period beginning on the
date of the enactment of this Act.