[Congressional Record Volume 151, Number 110 (Wednesday, September 7, 2005)]
[Senate]
[Pages S9729-S9734]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LAUTENBERG:
  S. 1619. A bill to amend the Federal Insecticide, Fungicide, and 
Rodenticide Act to require local educational agencies and schools to 
implement integrated pest management systems to minimize the use of 
pesticides in schools and to provide parents, guardians, and employees 
with notice of the use of pesticides in schools, and for other 
purposes; to the Committee on Agriculture, Nutrition, and Forestry.
  Mr. LAUTENBERG. Mr. President, I rise today to introduce legislation 
that will help protect our children from the harmful health effects of 
pesticides. This legislation, a companion bill to Congressman Rush 
Holt's School Environment Protection Act, SEPA, addresses the need for 
States and local education agencies to protect schoolchildren and 
school staff from exposure to harmful chemicals in school buildings and 
on school grounds.
  According to the Environmental Protection Agency, EPA, children face 
higher risks than adults from pesticides because their systems are 
still developing, and therefore not as capable of detoxification. 
Pesticide exposure can adversely affect a child's neurological, 
respiratory, immune, and endocrine systems and has been linked to 
exacerbated asthma symptoms.
  In July of this year, the Journal of the American Medical Association 
released a study which confirmed that pesticide exposure at schools 
causes acute illnesses in school employees and students. The study 
recommends that integrated pest management programs, designed to 
require less, if any, chemical pesticide application, be used in 
schools to help keep our children safe and healthy.
  Safe alternatives to the use of dangerous chemical pesticides exist. 
This bill would require all schools, local education agencies, and 
States to develop school pest management plans that emphasize these 
safe alternatives, minimizing health damage from pesticides and 
minimizing economic damage by pests at the same time. This legislation 
would encourage schools to use techniques that attempt to move away 
from chemical pesticides where possible, that are proven to be safe and 
effective, and that involve proper timing and notification of students, 
families, and school employees in cases when pesticides cannot be 
avoided.
  This bill builds the foundation for a strong working relationship 
between the Environmental Protection Agency, EPA, and State and local 
agencies so that they may solve this problem together. The EPA is 
called upon to develop guidelines with State and local education 
agencies for school pest management plans. Local education agencies 
would be required to develop and implement school pest management plans 
that comply. The EPA would continue to offer program assistance after 
such plans are implemented.
  The Senate passed a similar version of this bill in the 107th 
Congress, but the full Congress has been slow to act. I sincerely hope 
that Congress finally acts on this important issue. We must take the 
advice of scientists, especially considering the ever-growing body of 
knowledge concerning the effects of harmful chemicals on children, and 
pass the School Environment Protection Act. Children have the right to 
learn in a healthy atmosphere. Parents and guardians have the right to 
know whether their children are to be exposed to toxic chemicals and 
take mitigating steps. I urge all my colleagues to support the School 
Environmental Protection Act.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1619

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``School Environment 
     Protection Act of 2005''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) in 1992, the National Parent Teacher Association passed 
     a resolution calling for the reduced use of pesticides in 
     schools and calling on policymakers to consider all possible 
     alternatives before using any pesticides;
       (2) the National Education Association and many other 
     national public interest organizations have announced support 
     for reducing or eliminating pesticide use in schools;
       (3) childhood cancer is continuing to increase at the 
     alarming rate of 1 percent per year;
       (4) the overall incidence of childhood cancer increased 10 
     percent between 1974 and 1991, making cancer the leading 
     cause of childhood death from disease;
       (5) approximately 4,800,000 children in the United States 
     under the age of 18 have asthma, the most common chronic 
     illness in children, and the incidence of asthma is on the 
     rise;
       (6) children are more susceptible to hazardous impacts from 
     pesticides than are adults;
       (7) numerous scientific studies have linked both cancer and 
     asthma to pesticide exposure;
       (8) the Environmental Protection Agency has recommended the 
     use of an integrated pest management system by local 
     educational agencies, which emphasizes nonchemical ways of 
     reducing pests, such as sanitation and maintenance;
       (9) integrated pest management--
       (A) promotes nonchemical methods of pest prevention and 
     management using least toxic pesticides after all other 
     methods have been exhausted; and
       (B) requires a notification process by which each student, 
     parent, guardian, staff member, and teacher shall be notified 
     of a pesticide application;
       (10) parents and guardians have a right to know that there 
     is an integrated pest management system in their children's 
     schools;
       (11) an integrated pest management system provides long-
     term health and economic benefits; and
       (12) parents and guardians wish to and have a right to be 
     notified in advance of any use of a pesticide in their 
     children's schools.

     SEC. 3. INTEGRATED PEST MANAGEMENT SYSTEMS FOR SCHOOLS.

       The Federal Insecticide, Fungicide, and Rodenticide Act is 
     amended--
       (1) by redesignating sections 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:

     ``SEC. 34. INTEGRATED PEST MANAGEMENT SYSTEMS FOR SCHOOLS.

       ``(a) Definitions.--In this section:
       ``(1) Board.--The term `Board' means the National School 
     Integrated Pest Management Advisory Board established under 
     subsection (c).
       ``(2) Contact person.--The term `contact person' means an 
     individual who is--
       ``(A) knowledgeable about integrated pest management 
     systems; and

[[Page S9730]]

       ``(B) designated by a local educational agency as the 
     contact person under subsection (f).
       ``(3) Crack and crevice treatment.--The term `crack and 
     crevice treatment' means the application of small quantities 
     of a pesticide in a building into openings such as those 
     commonly found at expansion joints, between levels of 
     construction, and between equipment and floors.
       ``(4) Emergency.--The term `emergency' means an urgent need 
     to mitigate or eliminate a pest that threatens the health or 
     safety of a student or staff member.
       ``(5) Fund.--The term `Fund' means the Integrated Pest 
     Management Trust Fund established under subsection (m).
       ``(6) Integrated pest management system.--The term 
     `integrated pest management system' means a managed pest 
     control system that--
       ``(A) eliminates or mitigates economic, health, and 
     aesthetic damage caused by pests;
       ``(B) uses--
       ``(i) integrated methods;
       ``(ii) site or pest inspections;
       ``(iii) pest population monitoring;
       ``(iv) an evaluation of the need for pest control; and
       ``(v) 1 or more pest control methods, including sanitation, 
     structural repair, mechanical and biological controls, other 
     nonchemical methods, and (if nontoxic options are 
     unreasonable and have been exhausted) least toxic 
     pesticides; and
       ``(C) minimizes--
       ``(i) the use of pesticides; and
       ``(ii) the risk to human health and the environment 
     associated with pesticide applications.
       ``(7) Least toxic pesticides.--
       ``(A) In general.--The term `least toxic pesticides' 
     means--
       ``(i) boric acid and disodium octoborate tetrahydrate;
       ``(ii) silica gels;
       ``(iii) diatomaceous earth;
       ``(iv) nonvolatile insect and rodent baits in tamper 
     resistant containers or for crack and crevice treatment only;
       ``(v) microbe-based insecticides;
       ``(vi) botanical insecticides (not including synthetic 
     pyrethroids) without toxic synergists;
       ``(vii) biological, living control agents; and
       ``(viii) materials for which the inert ingredients are 
     nontoxic and disclosed.
       ``(B) Exclusions.--The term `least toxic pesticides' does 
     not include a pesticide that is determined by the 
     Administrator to be an acutely or moderately toxic pesticide, 
     carcinogen, mutagen, teratogen, reproductive toxin, 
     developmental neurotoxin, endocrine disrupter, or immune 
     system toxin, and any application of the pesticide using a 
     broadcast spray, dust, tenting, fogging, or baseboard spray 
     application.
       ``(8) List.--The term `list' means the list of least toxic 
     pesticides established under subsection (d).
       ``(9) Local educational agency.--The term `local 
     educational agency' has the meaning given the term in section 
     14101 of the Elementary and Secondary Education Act of 1965 
     (20 U.S.C. 8801).
       ``(10) Person.--The term `person' means--
       ``(A) an individual that attends, has children enrolled in, 
     works at, or uses a school;
       ``(B) a resident of a school district; and
       ``(C) any other individual that may be affected by pest 
     management activities of a school.
       ``(11) Official.--The term `official' means the official 
     appointed by the Administrator under subsection (e).
       ``(12) Pesticide.--
       ``(A) In general.--The term `pesticide' means any substance 
     or mixture of substances, including herbicides and bait 
     stations, intended for--
       ``(i) preventing, destroying, repelling, or mitigating any 
     pest;
       ``(ii) use as a plant regulator, defoliant, or desiccant; 
     or
       ``(iii) use as a spray adjuvant such as a wetting agent or 
     adhesive.
       ``(B) Exclusion.--The term `pesticide' does not include 
     antimicrobial agents such as disinfectants or deodorizers 
     used for cleaning products.
       ``(13) School.--The term `school' means a public--
       ``(A) elementary school (as defined in section 14101 of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     8801));
       ``(B) secondary school (as defined in section 14101 of that 
     Act); or
       ``(C) kindergarten or nursery school.
       ``(14) School grounds.--
       ``(A) In general.--The term `school grounds' means the area 
     outside of the school buildings controlled, managed, or owned 
     by the school or school district.
       ``(B) Inclusions.--The term `school grounds' includes a 
     lawn, playground, sports field, and any other property or 
     facility controlled, managed, or owned by a school.
       ``(15) Space spraying.--
       ``(A) In general.--The term `space spraying' means 
     application of a pesticide by discharge into the air 
     throughout an inside area.
       ``(B) Inclusion.--The term `space spraying' includes the 
     application of a pesticide using a broadcast spray, dust, 
     tenting, or fogging.
       ``(C) Exclusion.--The term `space spraying' does not 
     include crack and crevice treatment.
       ``(16) Staff member.--
       ``(A) In general.--The term `staff member' means an 
     employee of a school or local educational agency.
       ``(B) Inclusions.--The term `staff member' includes an 
     administrator, teacher, and other person that is regularly 
     employed by a school or local educational agency.
       ``(C) Exclusions.--The term `staff member' does not 
     include--
       ``(i) an employee hired by a school, local educational 
     agency, or State to apply a pesticide; or
       ``(ii) a person assisting in the application of a 
     pesticide.
       ``(17) State educational agency.--The term `State 
     educational agency' has the meaning given the term in section 
     14101 of the Elementary and Secondary Education Act of 1965 
     (20 U.S.C. 8801).
       ``(18) Universal notification.--The term `universal 
     notification' means notice provided by a local educational 
     agency or school to--
       ``(A) all parents or guardians of children attending the 
     school; and
       ``(B) staff members of the school or local educational 
     agency.
       ``(b) Integrated Pest Management Systems.--
       ``(1) In general.--The Administrator, in consultation with 
     the Secretary of Education, shall establish a National School 
     Integrated Pest Management Advisory System to develop and 
     update uniform standards and criteria for implementing 
     integrated pest management systems in schools.
       ``(2) Implementation.--Not later than 18 months after the 
     date of enactment of this subsection, each local educational 
     agency of a school district shall develop and implement in 
     each of the schools in the school district an integrated pest 
     management system that complies with this section.
       ``(3) State programs.--If, on the date of enactment of this 
     section, a State maintains an integrated pest management 
     system that meets the standards and criteria established 
     under paragraph (1) (as determined by the Board), a local 
     educational agency in the State may continue to implement the 
     system in a school or in the school district in accordance 
     with paragraph (2).
       ``(4) Application to schools and school grounds.--The 
     requirements of this section that apply to a school, 
     including the requirement to implement an integrated 
     management system, apply to pesticide application in a school 
     building and on the school grounds.
       ``(5) Application of pesticides when schools in use.--A 
     school shall prohibit--
       ``(A) the application of a pesticide when a school or a 
     school ground is occupied or in use; or
       ``(B) the use of an area or room treated by a pesticide, 
     other than a least toxic pesticide, during the 24-hour period 
     beginning at the end of the treatment.
       ``(c) National School Integrated Pest Management Advisory 
     Board.--
       ``(1) In general.--The Administrator, in consultation with 
     the Secretary of Education, shall establish a National School 
     Integrated Pest Management Advisory Board to--
       ``(A) establish uniform standards and criteria for 
     developing integrated pest management systems and policies in 
     schools;
       ``(B) develop standards for the use of least toxic 
     pesticides in schools; and
       ``(C) advise the Administrator on any other aspects of the 
     implementation of this section.
       ``(2) Composition of board.--The Board shall be composed of 
     12 members and include 1 representative from each of the 
     following groups:
       ``(A) Parents.
       ``(B) Public health care professionals.
       ``(C) Medical professionals.
       ``(D) State integrated pest management system coordinators.
       ``(E) Independent integrated pest management specialists 
     that have carried out school integrated pest management 
     programs.
       ``(F) Environmental advocacy groups.
       ``(G) Children's health advocacy groups.
       ``(H) Trade organization for pest control operators.
       ``(I) Teachers and staff members.
       ``(J) School maintenance staff.
       ``(K) School administrators.
       ``(L) School board members.
       ``(3) Appointment.--Not later than 180 days after the date 
     of enactment of this section, the Administrator shall appoint 
     members of the Board from nominations received from Parent 
     Teacher Associations, school districts, States, and other 
     interested persons and organizations.
       ``(4) Term.--
       ``(A) In general.--A member of the Board shall serve for a 
     term of 5 years, except that the Administrator may shorten 
     the terms of the original members of the Board in order to 
     provide for a staggered term of appointment for all members 
     of the Board.
       ``(B) Consecutive terms.--Subject to subparagraph (C), a 
     member of the Board shall not serve consecutive terms unless 
     the term of the member has been reduced by the Administrator.
       ``(C) Maximum term.--In no event may a member of the Board 
     serve for more than 6 consecutive years.
       ``(5) Meetings.--The Administrator shall convene--
       ``(A) an initial meeting of the Board not later than 60 
     days after the appointment of the members; and
       ``(B) subsequent meetings on a periodic basis, but not less 
     often than 2 times each year.

[[Page S9731]]

       ``(6) Compensation.--A member of the Board shall serve 
     without compensation, but may be reimbursed by the 
     Administrator for expenses (in accordance with section 5703 
     of title 5, United States Code) incurred in performing duties 
     as a member of the Board.
       ``(7) Chairperson.--The Board shall select a Chairperson 
     for the Board.
       ``(8) Quorum.--A majority of the members of the Board shall 
     constitute a quorum for the purpose of conducting business.
       ``(9) Decisive votes.--Two-thirds of the votes cast at a 
     meeting of the Board at which a quorum is present shall be 
     decisive for any motion.
       ``(10) Administration.--The Administrator--
       ``(A) shall--
       ``(i) authorize the Board to hire a staff director; and
       ``(ii) detail staff of the Environmental Protection Agency, 
     or allow for the hiring of staff for the Board; and
       ``(B) subject to the availability of appropriations, may 
     pay necessary expenses incurred by the Board in carrying out 
     this subtitle, as determined appropriate by the 
     Administrator.
       ``(11) Responsibilities of the board.--
       ``(A) In general.--The Board shall provide recommendations 
     to the Administrator regarding the implementation of this 
     section.
       ``(B) List of least toxic pesticides.--Not later than 1 
     year after the initial meeting of the Board, the Board 
     shall--
       ``(i) review implementation of this section (including use 
     of least toxic pesticides); and
       ``(ii) review and make recommendations to the Administrator 
     with respect to new proposed active and inert ingredients or 
     proposed amendments to the list in accordance with subsection 
     (d).
       ``(C) Technical advisory panels.--
       ``(i) In general.--The Board shall convene technical 
     advisory panels to provide scientific evaluations of the 
     materials considered for inclusion on the list.
       ``(ii) Composition.--A panel described in clause (i) shall 
     include experts on integrated pest management, children's 
     health, entomology, health sciences, and other relevant 
     disciplines.
       ``(D) Special review.--
       ``(i) In general.--Not later than 2 years after the initial 
     meeting of the Board, the Board shall review, with the 
     assistance of a technical advisory panel, pesticides used in 
     school buildings and on school grounds for their acute 
     toxicity and chronic effects, including cancer, mutations, 
     birth defects, reproductive dysfunction, neurological and 
     immune system effects, and endocrine system disruption.
       ``(ii) Determination.--The Board--

       ``(I) shall determine whether the use of pesticides 
     described in clause (i) may endanger the health of children; 
     and
       ``(II) may recommend to the Administrator restrictions on 
     pesticide use in school buildings and on school grounds.

       ``(12) Requirements.--In establishing the proposed list, 
     the Board shall--
       ``(A) review available information from the Environmental 
     Protection Agency, the National Institute of Environmental 
     Health Studies, medical and scientific literature, and such 
     other sources as appropriate, concerning the potential for 
     adverse human and environmental effects of substances 
     considered for inclusion in the proposed list; and
       ``(B) cooperate with manufacturers of substances considered 
     for inclusion in the proposed list to obtain a complete list 
     of ingredients and determine that such substances contain 
     inert ingredients that are generally recognized as safe.
       ``(13) Petitions.--The Board shall establish procedures 
     under which individuals may petition the Board for the 
     purpose of evaluating substances for inclusion on the list.
       ``(14) Periodic review.--
       ``(A) In general.--The Board shall review each substance 
     included on the list at least once during each 5-year period 
     beginning on--
       ``(i) the date that the substance was initially included on 
     the list; or
       ``(ii) the date of the last review of the substance under 
     this subsection.
       ``(B) Submission to administrator.--The Board shall submit 
     the results of a review under subparagraph (A) to the 
     Administrator with a recommendation as to whether the 
     substance should continue to be included on the list.
       ``(15) Confidentiality.--Any business sensitive material 
     obtained by the Board in carrying out this section shall be 
     treated as confidential business information by the Board and 
     shall not be released to the public.
       ``(d) List of Least Toxic Pesticides; Pesticide Review.--
       ``(1) In general.--The Board shall recommend to the 
     Administrator a list of least toxic pesticides (including the 
     pesticides described in subsection (a)(7)) that may be used 
     as least toxic pesticides, any restrictions on the use of the 
     listed pesticides, and any recommendations regarding 
     restrictions on all other pesticides, in accordance with this 
     section.
       ``(2) Procedure for evaluating pesticide use.--
       ``(A) List of least toxic pesticides.--
       ``(i) In general.--The Administrator shall establish a list 
     of least toxic pesticides that may be used in school 
     buildings and on school grounds, including any restrictions 
     on the use of the pesticides, that is based on the list 
     prepared by the Board.
       ``(ii) Regulatory review.--The Administrator shall initiate 
     regulatory review of all other pesticides recommended for 
     restriction by the Board.
       ``(B) Recommendations.--Not later than 1 year after 
     receiving the proposed list and restrictions, and recommended 
     restrictions on all other pesticides from the Board, the 
     Administrator shall--
       ``(i) publish the proposed list and restrictions and all 
     other proposed pesticide restrictions in the Federal Register 
     and seek public comment on the proposed proposals; and
       ``(ii) after evaluating all comments received concerning 
     the proposed list and restrictions, but not later than 1 year 
     after the close of the period during which public comments 
     are accepted, publish the final list and restrictions in the 
     Federal Register, together with a discussion of comments 
     received.
       ``(C) Findings.--Not later than 2 years after publication 
     of the final list and restrictions, the Administrator shall 
     make a determination and issue findings on whether use of 
     registered pesticides in school buildings and on school 
     grounds may endanger the health of children.
       ``(D) Notice and comment.--
       ``(i) In general.--Prior to establishing or making 
     amendments to the list, the Administrator shall publish the 
     proposed list or any proposed amendments to the list in the 
     Federal Register and seek public comment on the proposals.
       ``(ii) Recommendations.--The Administrator shall include in 
     any publication described in clause (i) any changes or 
     amendments to the proposed list that are recommended to and 
     by the Administrator.
       ``(E) Publication of list.--After evaluating all comments 
     received concerning the proposed list or proposed amendments 
     to the list, the Administrator shall publish the final list 
     in the Federal Register, together with a description of 
     comments received.
       ``(e) Office of Pesticide Programs.--
       ``(1) Establishment.--The Administrator shall appoint an 
     official for school pest management within the Office of 
     Pesticide Programs of the Environmental Protection Agency to 
     coordinate the development and implementation of integrated 
     pest management systems in schools.
       ``(2) Duties.--The official shall--
       ``(A) coordinate the development of school integrated pest 
     management systems and policies;
       ``(B) consult with schools concerning--
       ``(i) issues related to the integrated pest management 
     systems of schools;
       ``(ii) the use of least toxic pesticides; and
       ``(iii) the registration of pesticides, and amendments to 
     the registrations, as the registrations and amendments relate 
     to the use of integrated pest management systems in schools; 
     and
       ``(C) support and provide technical assistance to the 
     Board.
       ``(f) Contact Person.--
       ``(1) In general.--Each local educational agency of a 
     school district shall designate a contact person for carrying 
     out an integrated pest management system in schools in the 
     school district.
       ``(2) Duties.--The contact person of a school district 
     shall--
       ``(A) maintain information about pesticide applications 
     inside and outside schools within the school district, in 
     school buildings, and on school grounds;
       ``(B) act as a contact for inquiries about the integrated 
     pest management system;
       ``(C) maintain material safety data sheets and labels for 
     all pesticides that may be used in the school district;
       ``(D) be informed of Federal and State chemical health and 
     safety information and contact information;
       ``(E) maintain scheduling of all pesticide usage for 
     schools in the school district;
       ``(F) maintain contact with Federal and State integrated 
     pest management system experts; and
       ``(G) obtain periodic updates and training from State 
     integrated pest management system experts.
       ``(3) Pesticide use data.--A local educational agency of a 
     school district shall--
       ``(A) maintain all pesticide use data for each school in 
     the school district; and
       ``(B) on request, make the data available to the public for 
     review.
       ``(g) Notice of Integrated Pest Management System.--
       ``(1) In general.--At the beginning of each school year, 
     each local educational agency or school of a school district 
     shall include a notice of the integrated pest management 
     system of the school district in school calendars or other 
     forms of universal notification.
       ``(2) Contents.--The notice shall include a description 
     of--
       ``(A) the integrated pest management system of the school 
     district;
       ``(B) any pesticide (including any least toxic pesticide) 
     or bait station that may be used in a school building or on a 
     school ground as part of the integrated pest management 
     system;
       ``(C) the name, address, and telephone number of the 
     contact person of the school district;
       ``(D) a statement that--
       ``(i) the contact person maintains the product label and 
     material safety data sheet of each pesticide (including each 
     least toxic pesticide) and bait station that may be used by a 
     school in buildings or on school grounds;
       ``(ii) the label and data sheet is available for review by 
     a parent, guardian, staff member, or student attending the 
     school; and

[[Page S9732]]

       ``(iii) the contact person is available to parents, 
     guardians, and staff members for information and comment; and
       ``(E) the time and place of any meetings that will be held 
     under subsection (g)(1).
       ``(3) Use of pesticides.--A local educational agency or 
     school may use a pesticide during a school year only if the 
     use of the pesticide has been disclosed in the notice 
     required under paragraph (1) at the beginning of the school 
     year.
       ``(4) New employees and students.--After the beginning of 
     each school year, a local educational agency or school of a 
     school district shall provide the notice required under this 
     subsection to--
       ``(A) each new staff member who is employed during the 
     school year; and
       ``(B) the parent or guardian of each new student enrolled 
     during the school year.
       ``(h) Use of Pesticides.--
       ``(1) In general.--If a local educational agency or school 
     determines that a pest in the school or on school grounds 
     cannot be controlled after having used the integrated pest 
     management system of the school or school district and least 
     toxic pesticides, the school may use a pesticide (other than 
     space spraying of the pesticide) to control the pest in 
     accordance with this subsection.
       ``(2) Prior notification of parents, guardians, and staff 
     members.--
       ``(A) In general.--Subject to paragraphs (4) and (5), not 
     less than 72 hours before a pesticide (other than a least 
     toxic pesticide) is used by a school, the school shall 
     provide to a parent or guardian of each student enrolled at 
     the school and each staff member of the school, notice that 
     includes--
       ``(i) the common name, trade name, and Environmental 
     Protection Agency registration number of the pesticide;
       ``(ii) a description of the location of the application of 
     the pesticide;
       ``(iii) a description of the date and time of application, 
     except that, in the case of outdoor pesticide applications, 1 
     notice shall include 3 dates, in chronological order, that 
     the outdoor pesticide applications may take place if the 
     preceding date is canceled;
       ``(iv) a statement that The Office of Pesticide Programs of 
     the United States Environmental Protection Agency has stated: 
     `Where possible, persons who potentially are sensitive, such 
     as pregnant women and infants (less than 2 years old), should 
     avoid any unnecessary pesticide exposure.';
       ``(v) a description of potential adverse effects of the 
     pesticide based on the material safety data sheet of the 
     pesticide;
       ``(vi) a description of the reasons for the application of 
     the pesticide;
       ``(vii) the name and telephone number of the contact person 
     of the school district; and
       ``(viii) any additional warning information related to the 
     pesticide.
       ``(B) Method of notification.--The school may provide the 
     notice required by subparagraph (A) by--
       ``(i) written notice sent home with the student and 
     provided to the staff member;
       ``(ii) a telephone call;
       ``(iii) direct contact; or
       ``(iv) written notice mailed at least 1 week before the 
     application.
       ``(C) Reissuance.--If the date of the application of the 
     pesticide needs to be extended beyond the period required for 
     notice under this paragraph, the school shall reissue the 
     notice under this paragraph for the new date of application.
       ``(3) Posting of signs.--
       ``(A) In general.--Subject to paragraphs (4) and (5), at 
     least 72 hours before a pesticide (other than a least toxic 
     pesticide) is used by a school, the school shall post a sign 
     that provides notice of the application of the pesticide--
       ``(i) in a prominent place that is in or adjacent to the 
     location to be treated; and
       ``(ii) at each entrance to the building or school ground to 
     be treated.
       ``(B) Administration.--A sign required under subparagraph 
     (A) for the application of a pesticide shall--
       ``(i) remain posted for at least 72 hours after the end of 
     the treatment;
       ``(ii) be at least 8\1/2\ inches by 11 inches; and
       ``(iii) state the same information as that required for 
     prior notification of the application under paragraph (2).
       ``(C) Outdoor pesticide applications.--
       ``(i) In general.--In the case of outdoor pesticide 
     applications, each sign shall include 3 dates, in 
     chronological order, that the outdoor pesticide application 
     may take place if the preceding date is canceled due to 
     weather.
       ``(ii) Duration of posting.--A sign described in clause (i) 
     shall be posted after an outdoor pesticide application in 
     accordance with subparagraph (B).
       ``(4) Administration.--
       ``(A) Applicators.--Paragraphs (2) and (3) shall apply to 
     any person that applies a pesticide in a school or on a 
     school ground, including a custodian, staff member, or 
     commercial applicator.
       ``(B) Time of year.--Paragraphs (2) and (3) shall apply to 
     a school--
       ``(i) during the school year; and
       ``(ii) during holidays and the summer months, if the school 
     is in use, with notice provided to all staff members and the 
     parents or guardians of the students that are using the 
     school in an authorized manner.
       ``(5) Emergencies.--
       ``(A) In general.--A school may apply a pesticide (other 
     than a least toxic pesticide) in the school or on school 
     grounds without complying with paragraphs (2) and (3) in an 
     emergency, subject to subparagraph (B).
       ``(B) Subsequent notification of parents, guardians, and 
     staff members.--Not later than the earlier of the time that 
     is 24 hours after a school applies a pesticide under this 
     paragraph or on the morning of the next school day, the 
     school shall provide to each parent or guardian of a student 
     enrolled at the school, and staff member of the school, 
     notice of the application of the pesticide for emergency pest 
     control that includes--
       ``(i) the information required for a notice under paragraph 
     (2)(A);
       ``(ii) a description of the problem and the factors that 
     qualified the problem as an emergency that threatened the 
     health or safety of a student or staff member; and
       ``(iii) a description of the steps the school will take in 
     the future to avoid emergency application of a pesticide 
     under this paragraph.
       ``(C) Method of notification.--The school may provide the 
     notice required by subparagraph (B) by--
       ``(i) written notice sent home with the student and 
     provided to the staff member;
       ``(ii) a telephone call; or
       ``(iii) direct contact.
       ``(D) Posting of signs.--A school applying a pesticide 
     under this paragraph shall post a sign warning of the 
     pesticide application in accordance with paragraph (3).
       ``(E) Modification of integrated pest management plans.--If 
     a school in a school district applies a pesticide under this 
     paragraph, the local educational agency of the school 
     district shall modify the integrated pest management plan of 
     the school district to minimize the future applications of 
     pesticides under this paragraph.
       ``(6) Drift of pesticides onto school ground.--Each local 
     educational agency, State pesticide lead agency, and the 
     Administrator are encouraged to--
       ``(A) identify sources of pesticides that drift from 
     treated land to school grounds of the educational agency; and
       ``(B) take steps necessary to create an indoor and outdoor 
     school environment that are protected from pesticides 
     described in subparagraph (A).
       ``(i) Meetings.--
       ``(1) In general.--Before the beginning of a school year, 
     at the beginning of each new calendar year, and at a 
     regularly scheduled meeting of a school board, each local 
     educational agency shall provide an opportunity for the 
     contact person designated under subsection (d) to receive and 
     address public comments regarding the integrated pest 
     management system of the school district.
       ``(2) Emergency meetings.--An emergency meeting of a school 
     board to address a pesticide application may be called under 
     locally appropriate procedures for convening emergency 
     meetings.
       ``(j) Investigations and Orders.--
       ``(1) In general.--Not later than 60 days after receiving a 
     complaint of a violation of this section, the Administrator 
     shall--
       ``(A) conduct an investigation of the complaint;
       ``(B) determine whether it is reasonable to believe the 
     complaint has merit; and
       ``(C) notify the complainant and the person alleged to have 
     committed the violation of the findings of the Administrator.
       ``(2) Preliminary order.--If the Administrator determines 
     it is reasonable to believe a violation occurred, the 
     Administrator shall issue a preliminary order (that includes 
     findings) to impose the penalty described in subsection (j).
       ``(3) Objections to preliminary order.--
       ``(A) In general.--Not later than 30 days after the 
     preliminary order is issued under paragraph (2), the 
     complainant and the person alleged to have committed the 
     violation may--
       ``(i) file objections to the preliminary order (including 
     findings); and
       ``(ii) request a hearing on the record.
       ``(B) Final order.--If a hearing is not requested within 30 
     days after the preliminary order is issued, the preliminary 
     order shall be final and not subject to judicial review.
       ``(4) Hearing.--A hearing under this subsection shall be 
     conducted expeditiously.
       ``(5) Final order.--Not later than 120 days after the end 
     of the hearing, the Administrator shall issue a final order.
       ``(6) Settlement agreement.--Before the final order is 
     issued, the proceeding may be terminated by a settlement 
     agreement, which shall remain open, entered into by the 
     Administrator, the complainant, and the person alleged to 
     have committed the violation.
       ``(7) Costs.--
       ``(A) In general.--If the Administrator issues a final 
     order against a school or school district for violation of 
     this section and the complainant requests, the Administrator 
     may assess against the person against whom the order is 
     issued the costs (including attorney's fees) reasonably 
     incurred by the complainant in bringing the complaint.
       ``(B) Amount.--The Administrator shall determine the amount 
     of the costs that were reasonably incurred by the 
     complainant.
       ``(8) Judicial review and venue.--
       ``(A) In general.--A person adversely affected by an order 
     issued after a hearing under this subsection may file a 
     petition for review not later than 60 days after the date 
     that the order is issued, in a district court of the United 
     States or other United States court for any district in which 
     a local educational agency or school is found, resides, or 
     transacts business.
       ``(B) Timing.--The review shall be heard and decided 
     expeditiously.

[[Page S9733]]

       ``(C) Collateral review.--An order of the Administrator 
     subject to review under this paragraph shall not be subject 
     to judicial review in a criminal or other civil proceeding.
       ``(k) Civil Penalty.--
       ``(1) In general.--Any local educational agency, school, or 
     person that violates this section may be assessed a civil 
     penalty by the Administrator under subsections (h) and (i), 
     respectively, of not more than $10,000 for each offense.
       ``(2) Transfer to trust fund.--Except as provided in 
     subsection (i)(4)(B), civil penalties collected under 
     paragraph (1) shall be deposited in the Fund.
       ``(l) Integrated Pest Management Trust Fund.--
       ``(1) Establishment.--There is established in the Treasury 
     of the United States a trust fund to be known as the 
     `Integrated Pest Management Trust Fund', consisting of--
       ``(A) amounts deposited in the Fund under subsection 
     (j)(2);
       ``(B) amounts transferred to the Secretary of the Treasury 
     for deposit into the Fund under paragraph (5); and
       ``(C) any interest earned on investment of amounts in the 
     Fund under paragraph (3).
       ``(2) Expenditures from fund.--
       ``(A) In general.--Subject to subparagraph (B), on request 
     by the Administrator, the Secretary of the Treasury shall 
     transfer from the Fund to the Administrator, without further 
     appropriation, such amounts as the Secretary determines are 
     necessary to provide funds to each State educational agency 
     of a State, in proportion to the amount of civil penalties 
     collected in the State under subsection (j)(1), to carry out 
     education, training, propagation, and development activities 
     under integrated pest management systems of schools in the 
     State to remedy the harmful effects of actions taken by the 
     persons that paid the civil penalties.
       ``(B) Administrative expenses.--An amount not to exceed 6 
     percent of the amounts in the Fund shall be available for 
     each fiscal year to pay the administrative expenses necessary 
     to carry out this subsection.
       ``(3) Investment of amounts.--
       ``(A) In general.--The Secretary of the Treasury shall 
     invest such portion of the Fund as is not, in the judgment of 
     the Secretary of the Treasury, required to meet current 
     withdrawals. Investments may be made only in interest-bearing 
     obligations of the United States.
       ``(B) Acquisition of obligations.--For the purpose of 
     investments under subparagraph (A), obligations may be 
     acquired--
       ``(i) on original issue at the issue price; or
       ``(ii) by purchase of outstanding obligations at the market 
     price.
       ``(C) Sale of obligations.--Any obligation acquired by the 
     Fund may be sold by the Secretary of the Treasury at the 
     market price.
       ``(D) Credits to fund.--The interest on, and the proceeds 
     from the sale or redemption of, any obligations held in the 
     Fund shall be credited to and form a part of the Fund.
       ``(4) Transfers of amounts.--
       ``(A) In general.--The amounts required to be transferred 
     to the Fund under this subsection shall be transferred at 
     least monthly from the general fund of the Treasury to the 
     Fund on the basis of estimates made by the Secretary of the 
     Treasury.
       ``(B) Adjustments.--Proper adjustment shall be made in 
     amounts subsequently transferred to the extent prior 
     estimates were in excess of or less than the amounts required 
     to be transferred.
       ``(5) Acceptance and use of donations.--The Secretary may 
     accept and use donations to carry out paragraph (2)(A). 
     Amounts received by the Secretary in the form of donations 
     shall be transferred to the Secretary of the Treasury for 
     deposit into the Fund.
       ``(m) Employee Protection.--
       ``(1) In general.--No local educational agency, school, or 
     person may harass, prosecute, hold liable, or discriminate 
     against any employee or other person because the employee or 
     other person--
       ``(A) is assisting or demonstrating an intent to assist in 
     achieving compliance with this section (including any 
     regulation);
       ``(B) is refusing to violate or assist in the violation of 
     this section (including any regulation); or
       ``(C) has commenced, caused to be commenced, or is about to 
     commence a proceeding, has testified or is about to testify 
     at a proceeding, or has assisted or participated or is about 
     to participate in any manner in such a proceeding or in any 
     other action to carry out this section.
       ``(2) Complaints.--Not later than 1 year after an alleged 
     violation occurred, an employee or other person alleging a 
     violation of this section, or another person at the request 
     of the employee, may file a complaint with the Administrator.
       ``(3) Remedial action.--If the Administrator decides, on 
     the basis of a complaint, that a local educational agency, 
     school, or person violated paragraph (1), the Administrator 
     shall order the local educational agency, school, or person 
     to--
       ``(A) take affirmative action to abate the violation;
       ``(B) reinstate the complainant to the former position with 
     the same pay and terms and privileges of employment; and
       ``(C) pay compensatory damages, including back pay.
       ``(n) Grants.--
       ``(1) In general.--The Administrator, in consultation with 
     the Secretary of Education, shall provide grants to local 
     educational agencies to develop and implement integrated pest 
     management systems in schools in the school district of the 
     local educational agencies.
       ``(2) Amount.--The amount of a grant provided to a local 
     educational agency of a school district under paragraph (1) 
     shall be based on the ratio that the number of students 
     enrolled in schools in the school district bears to the total 
     number of students enrolled in schools in all school 
     districts in the United States.
       ``(o) Relationship to State and Local Requirements.--This 
     section (including regulations promulgated under this 
     section) shall not preempt requirements imposed on local 
     educational agencies and schools related to the use of 
     integrated pest management by State or local law 
     (including regulations) that are more stringent than the 
     requirements imposed under this section.
       ``(p) Regulations.--Subject to subsection (m), the 
     Administrator shall promulgate such regulations as are 
     necessary to carry out this section.
       ``(q) Restriction on Pesticide Use.--Not later than 6 years 
     after the date of enactment of this section, no pesticide, 
     other than a pesticide that is defined as a least toxic 
     pesticide under this subsection, shall be used in a school or 
     on school grounds unless the Administrator has met the 
     deadlines and requirements of this section.
       ``(r) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section 
     $7,000,000 for each of fiscal years 2006 through 2010.''.

     SEC. 4. CONFORMING AMENDMENT.

       The table of contents in section 1(b) of the Federal 
     Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. prec. 
     121) is amended by striking the items relating to sections 34 
     and 35 and inserting the following:

``Sec. 34. Integrated pest management systems for schools.
``(a) Definitions.
  ``(1) Board.
  ``(2) Contact person.
  ``(3) Crack and crevice treatment.
  ``(4) Emergency.
  ``(5) Fund.
  ``(6) Integrated pest management system.
  ``(7) Least toxic pesticides.
  ``(8) List.
  ``(9) Local educational agency.
  ``(10) Official.
  ``(11) Person.
  ``(12) Pesticide.
  ``(13) School.
  ``(14) School ground.
  ``(15) Space spraying.
  ``(16) Staff member.
  ``(17) State educational agency.
  ``(18) Universal notification.
``(b) Integrated pest management systems.
  ``(1) In general.
  ``(2) Implementation.
  ``(3) State programs.
  ``(4) Application to schools and school grounds.
  ``(5) Application of pesticides when schools in use.
``(c) National School Integrated Pest Management Advisory Board
  ``(1) In general.
  ``(2) Composition of Board.
  ``(3) Appointment.
  ``(4) Term.
  ``(5) Meetings.
  ``(6) Compensation.
  ``(7) Chairperson.
  ``(8) Quorum.
  ``(9) Decisive votes.
  ``(10) Administration.
  ``(11) Responsibilities of the Board.
  ``(12) Requirements.
  ``(13) Petitions.
  ``(14) Periodic review.
  ``(15) Confidentiality.
``(d) List of Least Toxic Pesticides.
  ``(1) In general.
  ``(2) Procedure for evaluating pesticide use.
``(e) Office of Pesticide Programs.
  ``(1) Establishment.
  ``(2) Duties.
``(f) Contact person.
  ``(1) In general.
  ``(2) Duties.
  ``(3) Pesticide use data.
``(g) Notice of Integrated Pest Management System.
  ``(1) In general.
  ``(2) Contents.
  ``(3) Use of pesticides.
  ``(4) New employees and students.
``(h) Use of pesticides.
  ``(1) In general.
  ``(2) Prior notification of parents, guardians, and staff members.
  ``(3) Posting of signs.
  ``(4) Administration.
  ``(5) Emergencies.
  ``(6) Drift of pesticides onto school ground.
``(i) Meetings.
  ``(1) In general.
  ``(2) Emergency meetings.
``(j) Investigations and orders.
  ``(1) In general.
  ``(2) Preliminary order.
  ``(3) Objections to preliminary order.
  ``(4) Hearing.
  ``(5) Final order.
  ``(6) Settlement agreement.
  ``(7) Costs.
  ``(8) Judicial review and venue.
``(k) Civil penalty.
  ``(1) In general.

[[Page S9734]]

  ``(2) Transfer to Trust Fund.
``(l) Integrated Pest Management Trust Fund.
  ``(1) Establishment.
  ``(2) Expenditures from Fund.
  ``(3) Investment of amounts.
  ``(4) Transfers of amounts.
  ``(5) Acceptance and use of donations.
``(m) Employee protection.
  ``(1) In general.
  ``(2) Complaints.
  ``(3) Remedial action.
``(n) Grants.
  ``(1) In general.
  ``(2) Amount.
``(o) Relationship to State and local requirements.
``(p) Regulations.
``(q) Restriction on pesticide use.
``(r) Authorization of appropriations.
``Sec. 35. Severability.
``Sec. 36. Authorization of appropriations.''.

     SEC. 5. EFFECTIVE DATE.

       This Act and the amendments made by this Act take effect on 
     October 1, 2005.
                                 ______