[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.

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