[Congressional Record Volume 147, Number 85 (Tuesday, June 19, 2001)]
[Senate]
[Pages S6395-S6398]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
BETTER EDUCATION FOR STUDENTS AND TEACHERS ACT
Amendment No. 805
Mr. DURBIN. Mr. President, I ask unanimous consent, notwithstanding
passage of H.R. 1, that amendment No. 805, a Torricelli amendment, be
agreed to and the motion to reconsider be laid upon the table.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
The amendment (No. 805) was agreed to, as follows:
(Purpose: To require local educational agencies and schools to
implement school pest management plans and to provide parents,
guardians, and staff members with notice of the use of pesticides in
schools)
At the appropriate place insert the following:
SEC. 9____. PEST MANAGEMENT IN SCHOOLS.
(a) Short Title.--This section may be cited as the ``School
Environment Protection Act of 2001''.
(b) Pest Management.--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. PEST MANAGEMENT IN SCHOOLS.
``(a) Definitions.--In this section:
``(1) Bait.--The term `bait' means a pesticide that
contains an ingredient that serves as a feeding stimulant,
odor, pheromone, or other attractant for a target pest.
``(2) Contact person.--The term `contact person' means an
individual who is--
``(A) knowledgeable about school pest management plans; and
``(B) designated by a local educational agency to carry out
implementation of the school pest management plan of a
school.
``(3) 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.
``(4) Local educational agency.--The term `local
educational agency' has the meaning given the term in section
3 of the Elementary and Secondary Education Act of 1965.
``(5) School.--
``(A) In general.--The term `school' means a public--
``(i) elementary school (as defined in section 3 of the
Elementary and Secondary Education Act of 1965);
``(ii) secondary school (as defined in section 3 of the
Act);
``(iii) kindergarten or nursery school that is part of an
elementary school or secondary school; or
``(iv) tribally-funded school.
``(B) Inclusions.--The term `school' includes any school
building, and any area outside of a school building
(including a lawn,
[[Page S6396]]
playground, sports field, and any other property or
facility), that is controlled, managed, or owned by the
school or school district.
``(6) School pest management plan.--The term `school pest
management plan' means a pest management plan developed under
subsection (b).
``(7) Staff member.--
``(A) In general.--The term `staff member' means a person
employed at a school or local educational agency.
``(B) Exclusions.--The term `staff member' does not
include--
``(i) a person hired by a school, local educational agency,
or State to apply a pesticide; or
``(ii) a person assisting in the application of a
pesticide.
``(8) State agency.--The term `State agency' means the 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. 450b)), that exercises primary jurisdiction over
matters relating to pesticide regulation.
``(9) Universal notification.--The term `universal
notification' means notice provided by a local educational
agency or school to--
``(A) parents, legal guardians, or other persons with legal
standing as parents of each child attending the school; and
``(B) staff members of the school.
``(b) School Pest Management Plans.--
``(1) State plans.--
``(A) Guidance.--As soon as practicable (but not later than
180 days) after the date of enactment of the School
Environment Protection Act of 2001, the Administrator shall
develop, in accordance with this section--
``(i) guidance for a school pest management plan; and
``(ii) a sample school pest management plan.
``(B) Plan.--As soon as practicable (but not later than 1
year) after the date of enactment of the School Environment
Protection Act of 2001, each State agency shall develop and
submit to the Administrator for approval, as part of the
State cooperative agreement under section 23, a school pest
management plan for local educational agencies in the State.
``(C) Components.--A school pest management plan developed
under subparagraph (B) shall, at a minimum--
``(i) implement a system that--
``(I) eliminates or mitigates health risks, or economic or
aesthetic damage, caused by pests;
``(II) employs--
``(aa) integrated methods;
``(bb) site or pest inspection;
``(cc) pest population monitoring; and
``(dd) an evaluation of the need for pest management; and
``(III) is developed taking into consideration pest
management alternatives (including sanitation, structural
repair, and mechanical, biological, cultural, and pesticide
strategies) that minimize health and environmental risks;
``(ii) require, for pesticide applications at the school,
universal notification to be provided--
``(I) at the beginning of the school year;
``(II) at the midpoint of the school year; and
``(III) at the beginning of any summer session, as
determined by the school;
``(iii) establish a registry of staff members of a school,
and of parents, legal guardians, or other persons with legal
standing as parents of each child attending the school, that
have requested to be notified in advance of any pesticide
application at the school;
``(iv) establish guidelines that are consistent with the
definition of a school pest management plan under subsection
(a);
``(v) require that each local educational agency use a
certified applicator or a person authorized by the State
agency to implement the school pest management plans;
``(vi) be consistent with the State cooperative agreement
under section 23; and
``(vii) require the posting of signs in accordance with
paragraph (4)(G).
``(D) Approval by administrator.--Not later than 90 days
after receiving a school pest management plan submitted by a
State agency under subparagraph (B), the Administrator
shall--
``(i) determine whether the school pest management plan, at
a minimum, meets the requirements of subparagraph (C); and
``(ii)(I) if the Administrator determines that the school
pest management plan meets the requirements, approve the
school pest management plan as part of the State cooperative
agreement; or
``(II) if the Administrator determines that the school pest
management plan does not meet the requirements--
``(aa) disapprove the school pest management plan;
``(bb) provide the State agency with recommendations for
and assistance in revising the school pest management plan to
meet the requirements; and
``(cc) provide a 90-day 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.
``(E) Distribution of state plan to schools.--On approval
of the school pest management plan of a State agency, the
State agency shall make the school pest management plan
available to each local educational agency in the State.
``(F) Exception for existing state plans.--If, on the date
of enactment of the School Environment Protection Act of
2001, a State has implemented a school pest management plan
that, at a minimum, meets the requirements under subparagraph
(C) (as determined by the Administrator), the State agency
may maintain the school pest management plan and shall not be
required to develop a new school pest management plan under
subparagraph (B).
``(2) Implementation by local educational agencies.--
``(A) In general.--Not later than 1 year after the date on
which a local educational agency receives a copy of a school
pest management plan of a State agency under paragraph
(1)(E), the local educational agency shall develop and
implement in each of the schools under the jurisdiction of
the local educational agency a school pest management plan
that meets the standards and requirements under the school
pest management plan of the State agency, as determined by
the Administrator.
``(B) Exception for existing plans.--If, on the date of
enactment of the School Environment Protection Act of 2001, a
State maintains a school pest management plan that, at a
minimum, meets the standards and criteria established under
this section (as determined by the Administrator), and a
local educational agency in the State has implemented the
State school pest management plan, the local educational
agency may maintain the school pest management plan and shall
not be required to develop and implement a new school pest
management plan under subparagraph (A).
``(C) Application of pesticides at schools.--A school pest
management plan shall prohibit--
``(i) the application of a pesticide to any area or room at
a school while the area or room is occupied or in use by
students or staff members (except students and staff
participating in regular or vocational agricultural
instruction involving the use of pesticides); and
``(ii) the use by students or staff members of an area or
room treated with a pesticide by broadcast spraying,
baseboard spraying, tenting, or fogging during--
``(I) the period specified on the label of the pesticide
during which a treated area or room should remain unoccupied;
or
``(II) if there is no period specified on the label, the
24-hour period beginning at the end of the treatment.
``(3) Contact person.--
``(A) In general.--Each local educational agency shall
designate a contact person to carry out a school pest
management plan in schools under the jurisdiction of the
local educational agency.
``(B) Duties.--The contact person of a local educational
agency shall--
``(i) maintain information about the scheduling of
pesticide applications in each school under the jurisdiction
of the local educational agency;
``(ii) act as a contact for inquiries, and disseminate
information requested by parents or guardians, about the
school pest management plan;
``(iii) maintain and make available to parents, legal
guardians, or other persons with legal standing as parents of
each child attending the school, before and during the notice
period and after application--
``(I) copies of material safety data sheet for pesticides
applied at the school, or copies of material safety data
sheets for end-use dilutions of pesticides applied at the
school, if data sheets are available;
``(II) labels and fact sheets approved by the Administrator
for all pesticides that may be used by the local educational
agency; and
``(III) any final official information related to the
pesticide, as provided to the local educational agency by the
State agency; and
``(iv) for each school, maintain all pesticide use data for
each pesticide used at the school (other than antimicrobial
pesticides (as defined in clauses (i) and (ii) of section
2(mm)(1)(A))) for at least 3 years after the date on which
the pesticide is applied; and
``(v) make that data available for inspection on request by
any person.
``(4) Notification.--
``(A) Universal notification.--At the beginning of each
school year, at the midpoint of each school year, and at the
beginning of any summer session (as determined by the
school), a local educational agency or school shall provide
to staff members of a school, and to parents, legal
guardians, and other persons with legal standing as parents
of students enrolled at the school, a notice describing the
school pest management plan that includes--
``(i) a summary of the requirements and procedures under
the school pest management plan;
``(ii) a description of any potential pest problems that
the school may experience (including a description of the
procedures that may be used to address those problems);
``(iii) the address, telephone number, and website address
of the Office of Pesticide Programs of the Environmental
Protection Agency; and
``(iv) the following statement (including information to be
supplied by the school as indicated in brackets):
`As part of a school pest management plan,
[ ] may use pesticides to control pests. The
Environmental Protection Agency
(EPA) and [ ] registers pesticides for that use. EPA
continues to examine registered pesticides to determine that
use of
[[Page S6397]]
the pesticides in accordance with instructions printed on the
label does not pose unreasonable risks to human health and
the environment. Nevertheless, EPA cannot guarantee that
registered pesticides do not pose risks, and unnecessary
exposure to pesticides should be avoided. Based in part on
recommendations of a 1993 study by the National Academy of
Sciences that reviewed registered pesticides and their
potential to cause unreasonable adverse effects on human
health, particularly on the health of pregnant women,
infants, and children, Congress enacted the Food Quality
Protection Act of 1996. That law requires EPA to reevaluate
all registered pesticides and new pesticides to measure their
safety, taking into account the unique exposures and
sensitivity that pregnant women, infants, and children may
have to pesticides. EPA review under that law is ongoing. You
may request to be notified at least 24 hours in advance of
pesticide applications to be made and receive information
about the applications by registering with the school.
Certain pesticides used by the school (including baits,
pastes, and gels) are exempt from notification requirements.
If you would like more information concerning any pesticide
application or any product used at the school, contact
[ ]'.
``(B) Notification to persons on registry.--
``(i) In general.--Except as provided in clause (ii) and
paragraph (5)--
``(I) notice of an upcoming pesticide application at a
school shall be provided to each person on the registry of
the school not later than 24 hours before the end of the last
business day during which the school is in session that
precedes the day on which the application is to be made; and
``(II) the application of a pesticide for which a notice is
given under subclause (I) shall not commence before the end
of the business day.
``(ii) Notification concerning pesticides used in
curricula.--If pesticides are used as part of a regular
vocational agricultural curriculum of the school, a notice
containing the information described in subclauses (I), (IV),
(VI), and (VII) of clause (iii) for all pesticides that may
be used as a part of that curriculum shall be provided to
persons on the registry only once at the beginning of each
academic term of the school.
``(iii) Contents of notice.--A notice under clause (i)
shall contain--
``(I) the trade name, common name (if applicable), and
Environmental Protection Agency registration number of each
pesticide to be applied;
``(II) a description of each location at the school at
which a pesticide is to be applied;
``(III) a description of the date and time of application,
except that, in the case of an outdoor pesticide application,
a notice shall include at least 3 dates, in chronological
order, on which the outdoor pesticide application may take
place if the preceding date is canceled;
``(IV) all information supplied to the local educational
agency by the State agency, including a description of
potentially acute and chronic effects that may result from
exposure to each pesticide to be applied based on--
``(aa) a description of potentially acute and chronic
effects that may result from exposure to each pesticide to be
applied, as stated on the label of the pesticide approved by
the Administrator;
``(bb) information derived from the material safety data
sheet for the end-use dilution of the pesticide to be applied
(if available) or the material safety data sheets; and
``(cc) final, official information related to the pesticide
prepared by the Administrator and provided to the local
educational agency by the State agency;
``(V) a description of the purpose of the application of
the pesticide;
``(VI) the address, telephone number, and website address
of the Office of Pesticide Programs of the Environmental
Protection Agency; and
``(VII) the statement described in subparagraph (A)(iv)
(other than the ninth sentence of that statement).
``(C) Notification and posting exemption.--A notice or
posting of a sign under subparagraph (A), (B), or (G) shall
not be required for the application at a school of--
``(i) an antimicrobial pesticide;
``(ii) a bait, gel, or paste that is placed--
``(I) out of reach of children or in an area that is not
accessible to children; or
``(II) in a tamper-resistant or child-resistant container
or station; and
``(iii) any pesticide that, as of the date of enactment of
the School Environment Protection Act of 2001, is exempt from
the requirements of this Act under section 25(b) (including
regulations promulgated at section 152 of title 40, Code of
Federal Regulations (or any successor regulation)).
``(D) New staff members and students.--After the beginning
of each school year, a local educational agency or school
within a local educational agency shall provide each notice
required under subparagraph (A) 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.
``(E) Method of notification.--A local educational agency
or school may provide a notice under this subsection, using
information described in paragraph (4), in the form of--
``(i) a written notice sent home with the students and
provided to staff members;
``(ii) a telephone call;
``(iii) direct contact;
``(iv) a written notice mailed at least 1 week before the
application; or
``(v) a notice delivered electronically (such as through
electronic mail or facsimile).
``(F) 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 issue a notice
containing only the new date and location of application.
``(G) Posting of signs.--
``(i) In general.--Except as provided in paragraph (5)--
``(I) a school shall post a sign not later than the last
business day during which school is in session preceding the
date of application of a pesticide at the school; and
``(II) the application for which a sign is posted under
subclause (I) shall not commence before the time that is 24
hours after the end of the business day on which the sign is
posted.
``(ii) Location.--A sign shall be posted under clause (i)--
``(I) at a central location noticeable to individuals
entering the building; and
``(II) at the proposed site of application.
``(iii) Administration.--A sign required to be posted under
clause (i) shall--
``(I) remain posted for at least 24 hours after the end of
the application;
``(II) be--
``(aa) at least 8\1/2\ inches by 11 inches for signs posted
inside the school; and
``(bb) at least 4 inches by 5 inches for signs posted
outside the school; and
``(III) contain--
``(aa) information about the pest problem for which the
application is necessary;
``(bb) the name of each pesticide to be used;
``(cc) the date of application;
``(dd) the name and telephone number of the designated
contact person; and
``(ee) the statement contained in subparagraph (A)(iv).
``(iv) Outdoor pesticide applications.--
``(I) In general.--In the case of an outdoor pesticide
application at a school, each sign shall include at least 3
dates, in chronological order, on which the outdoor pesticide
application may take place if the preceding date is canceled.
``(II) Duration of posting.--A sign described in subclause
(I) shall be posted after an outdoor pesticide application in
accordance with clauses (ii) and (iii).
``(5) Emergencies.--
``(A) In general.--A school may apply a pesticide at the
school without complying with this part 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 business day, the
school shall provide to each parent or guardian of a student
listed on the registry, a staff member listed on the
registry, and the designated contact person, notice of the
application of the pesticide in an emergency that includes--
``(i) the information required for a notice under paragraph
(4)(G); and
``(ii) a description of the problem and the factors that
required the application of the pesticide to avoid a threat
to the health or safety of a student or staff member.
``(C) Method of notification.--The school may provide the
notice required by paragraph (B) by any method of
notification described in paragraph (4)(E).
``(D) Posting of signs.--Immediately after the application
of a pesticide under this paragraph, a school shall post a
sign warning of the pesticide application in accordance with
clauses (ii) through (iv) of paragraph (4)(B).
``(c) Relationship to State and Local Requirements.--
Nothing in this section (including regulations promulgated
under this section)--
``(1) precludes a State or political subdivision of a State
from imposing on local educational agencies and schools any
requirement under State or local law (including regulations)
that is more stringent than the requirements imposed under
this section; or
``(2) establishes any exception under, or affects in any
other way, section 24(b).
``(d) Authorization of Appropriations.--There are
authorized to be appropriated such sums as are necessary to
carry out this section.''.
(c) 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. Pest management in schools.
[[Page S6398]]
``(a) Definitions.
``(1) Bait.
``(2) Contact person.
``(3) Emergency.
``(4) Local educational agency.
``(5) School.
``(6) Staff member.
``(7) State agency.
``(8) Universal notification.
``(b) School pest management plans.
``(1) State plans.
``(2) Implementation by local educational agencies.
``(3) Contact person.
``(4) Notification.
``(5) Emergencies.
``(c) Relationship to State and local requirements.
``(d) Authorization of appropriations.
``Sec. 34. Severability.
``Sec. 35. Authorization of appropriations.''.
(d) Effective Date.--This section and the amendments made
by this section take effect on October 1, 2001.
Mr. TORRICELLI. Mr. President, I rise today to announce a landmark
agreement regarding the use of pesticides in our Nation's schools. This
agreement marks the first time that the Federal Government will
institute regulations on pesticides and schoolchildren. The Senate
unanimously accepted my amendment to the Elementary and Secondary
Education Act, which passed in the Senate late last week. For the first
time, parents in all fifty States will be notified when pesticides are
used in schools.
This agreement was reached after seven weeks of negotiations between
my staff, environmental health groups, a broad coalition of pesticide,
agriculture, and education groups. It was developed with these various
groups to achieve a balance between the need to protect children from
pests and addressing the concerns about the safety of pesticide
applications.
A recent study by the General Accounting Office found that no
credible statistics exist regarding the amount of pesticides used in
public schools and no information exists about students' exposure to
pesticides or their health impacts. We can and must do a better job of
providing accurate information to parents and staff at our Nation's
schools regarding pesticide use and the potential effects on our
children.
This amendment requires local educational agencies and schools to
implement a school pest management plan. This plan must incorporate
pest control methods that minimize health and environmental risks in
school and around schools. This amendment does not ban any pesticide.
It simply states that the area of the pesticide application must remain
unoccupied during the treatment, and for some pesticides, the area must
remain unoccupied for up to 24 hours after the treatment.
Perhaps the most important component of this amendment is the
requirement for schools to provide universal notification to parents
three times throughout the year. The universal notice must include a
summary of the school pest management plan, a statement about
pesticides, information on how to sign up to be notified prior to all
pesticide applications, notice of pesticides that are exempt from
notification requirements, and information on who to contact for
additional information regarding pesticide applications at the school.
The amendment also gives parents the option of being notified at least
24 hours in advance of every pesticide application. Between universal
notification and this additional notice option, parents will be armed
with the knowledge they need to protect their children from potentially
harmful pesticides when they send them to school. It is an enormous and
hard fought victory for the health of our children.
I would like to thank my colleagues, Senators Boxer and Reid for
joining me in introducing this important amendment. Their strong
support for the protection of our children against exposure to
pesticides was critical to the passage of this amendment. They have
both been leaders on this issue for years, and I look forward to their
continued advocacy on behalf of our Nation's children.
I extend my thanks to the majority leader, Senator Daschle, for
working to address the concerns of all sides. I appreciate the
willingness of the managers of the bill, Chairman Kennedy and Senator
Gregg, to have this important issue considered in the context of the
ESEA bill. In addition, I wish to thank the many groups whose support
this amendment enjoys, including: Beyond Pesticides/National Coalition
Against the Misuse of Pesticides, the National Pest Management
Association, Responsible Industry for a Sound Environment, American
Crop Protection Association, Consumer Specialty Products Association,
Chemical Producers and Distributors Association, and the International
Sanitary Supply Association. I also appreciate the support of the New
Jersey Pest Management Association, and the New Jersey Environmental
Federation. Finally, this amendment would not have been possible
without the work of Joe Fiordaliso of my staff.
I look forward to working with members of the conference on ESEA to
ensure that this amendment is included in the final bill, which is
presented to President Bush.
____________________