HR 3290 IHCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

August 1, 2007

Mr. HOLT introduced the following bill; which was referred to the Committee on AgricultureCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

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

SECTION 1. SHORT TITLE.

This Act may be cited as the `School Environment Protection Act of 2007'.CommentsClose CommentsPermalink

SEC. 2. FINDINGS.

Congress finds that--CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(2) the National Education Association and many other national public interest organizations have announced support for reducing or eliminating pesticide use in schools;CommentsClose CommentsPermalink





(3) childhood cancer is continuing to increase at the alarming rate of 1 percent per year;CommentsClose CommentsPermalink





(4) the overall incidence of childhood cancer increased 27 percent between 1991 and 2002, making cancer the leading cause of childhood death from disease;CommentsClose CommentsPermalink





(5) approximately 6,500,000 (or nearly 9 percent of) children in the United States under the age of 18 have asthma, the most common chronic illness in children, double the percentage who were reported to have the illness in 1980, and the incidence of asthma continues to rise;CommentsClose CommentsPermalink





(6) children are more susceptible to hazardous impacts from pesticides than are adults;CommentsClose CommentsPermalink





(7) numerous scientific studies have linked both cancer and asthma to pesticide exposure;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(9) integrated pest management--CommentsClose CommentsPermalink





(A) promotes nonchemical methods of pest prevention and management using least toxic pesticides after all other methods have been exhausted; andCommentsClose CommentsPermalink





(B) requires a notification process by which each student, parent, guardian, staff member, and teacher shall be notified of a pesticide application;CommentsClose CommentsPermalink





(10) parents and guardians have a right to know that there is an integrated pest management system in their children's schools;CommentsClose CommentsPermalink





(11) an integrated pest management system provides long-term health and economic benefits; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

SEC. 3. INTEGRATED PEST MANAGEMENT SYSTEMS FOR SCHOOLS.

The Federal Insecticide, Fungicide, and Rodenticide Act is amended--CommentsClose CommentsPermalink





(1) by redesignating sections 34 and 35 (7 U.S.C. 136x, 136y) as sections 35 and 36, respectively; andCommentsClose CommentsPermalink





(2) by inserting after section 33 (7 U.S.C. 136w-8) the following:CommentsClose CommentsPermalink

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

`(a) DEFINITIONS- In this section:CommentsClose CommentsPermalink





`(1) BOARD- The term `Board' means the National School Integrated Pest Management Advisory Board established under subsection (c).CommentsClose CommentsPermalink





`(2) CONTACT PERSON- The term `contact person' means an individual who is--CommentsClose CommentsPermalink





`(A) knowledgeable about integrated pest management systems; andCommentsClose CommentsPermalink





`(B) designated by a local educational agency as the contact person under subsection (f).CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(5) FUND- The term `Fund' means the Integrated Pest Management Trust Fund established under subsection (l).CommentsClose CommentsPermalink





`(6) INTEGRATED PEST MANAGEMENT SYSTEM- The term `integrated pest management system' means a managed pest control system that--CommentsClose CommentsPermalink





`(A) eliminates or mitigates economic and health damage caused by pests;CommentsClose CommentsPermalink





`(B) uses--CommentsClose CommentsPermalink





`(i) integrated methods;CommentsClose CommentsPermalink





`(ii) site or pest inspections;CommentsClose CommentsPermalink





`(iii) pest population monitoring;CommentsClose CommentsPermalink





`(iv) an evaluation of the need for pest control; andCommentsClose CommentsPermalink





`(v) 1 or more pest control methods, including sanitation, structural repair, mechanical and biological controls, other nonchemical methods, and (if nontoxic options have been exhausted) least toxic pesticides; andCommentsClose CommentsPermalink





`(C) minimizes--CommentsClose CommentsPermalink





`(i) the use of pesticides; andCommentsClose CommentsPermalink





`(ii) the risk to human health and the environment associated with pesticide applications.CommentsClose CommentsPermalink





`(7) LEAST TOXIC PESTICIDES-CommentsClose CommentsPermalink





`(A) IN GENERAL- The term `least toxic pesticides' means--CommentsClose CommentsPermalink





`(i) boric acid and disodium octoborate tetrahydrate;CommentsClose CommentsPermalink





`(ii) silica gels;CommentsClose CommentsPermalink





`(iii) diatomaceous earth;CommentsClose CommentsPermalink





`(iv) nonvolatile insect and rodent baits in tamper resistant containers or for crack and crevice treatment only;CommentsClose CommentsPermalink





`(v) microbe-based insecticides;CommentsClose CommentsPermalink





`(vi) botanical insecticides (not including synthetic pyrethroids) without toxic synergists;CommentsClose CommentsPermalink





`(vii) biological, living control agents; andCommentsClose CommentsPermalink





`(viii) materials for which the inert ingredients are nontoxic and disclosed.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(8) LIST- The term `list' means the list of least toxic pesticides established under subsection (d).CommentsClose CommentsPermalink





`(9) LOCAL EDUCATIONAL AGENCY- The term `local educational agency' has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965.CommentsClose CommentsPermalink





`(10) PERSON- The term `person' means--CommentsClose CommentsPermalink





`(A) an individual that attends, has children enrolled in, works at, or uses a school;CommentsClose CommentsPermalink





`(B) a resident of a school district; andCommentsClose CommentsPermalink





`(C) any other individual that may be affected by pest management activities of a school.CommentsClose CommentsPermalink





`(11) OFFICIAL- The term `official' means the official appointed by the Administrator under subsection (e).CommentsClose CommentsPermalink





`(12) PESTICIDE-CommentsClose CommentsPermalink





`(A) IN GENERAL- The term `pesticide' means any substance or mixture of substances, including herbicides and bait stations, intended for--CommentsClose CommentsPermalink





`(i) preventing, destroying, repelling, or mitigating any pest;CommentsClose CommentsPermalink





`(ii) use as a plant regulator, defoliant, or desiccant; orCommentsClose CommentsPermalink





`(iii) use as a spray adjuvant such as a wetting agent or adhesive.CommentsClose CommentsPermalink





`(B) EXCLUSION- The term `pesticide' does not include antimicrobial agents (other than triclosan) such as disinfectants or deodorizers used for cleaning products.CommentsClose CommentsPermalink





`(13) SCHOOL- The term `school' means a school that--CommentsClose CommentsPermalink





`(A) is a public school or is receiving Federal funding; andCommentsClose CommentsPermalink





`(B) is--CommentsClose CommentsPermalink





`(i) an elementary school (as defined in section 9101 of the Elementary and Secondary Education Act of 1965);CommentsClose CommentsPermalink





`(ii) a secondary school (as defined in section 9101 of that Act); orCommentsClose CommentsPermalink





`(C) a kindergarten or nursery school.CommentsClose CommentsPermalink





`(14) SCHOOL GROUNDS-CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(15) SPACE SPRAYING-CommentsClose CommentsPermalink





`(A) IN GENERAL- The term `space spraying' means application of a pesticide by discharge into the air throughout an inside area.CommentsClose CommentsPermalink





`(B) INCLUSION- The term `space spraying' includes the application of a pesticide using a broadcast spray, dust, tenting, or fogging.CommentsClose CommentsPermalink





`(C) EXCLUSION- The term `space spraying' does not include crack and crevice treatment.CommentsClose CommentsPermalink





`(16) STAFF MEMBER-CommentsClose CommentsPermalink





`(A) IN GENERAL- The term `staff member' means an employee of a school or local educational agency.CommentsClose CommentsPermalink





`(B) INCLUSIONS- The term `staff member' includes an administrator, teacher, and other person that is regularly employed by a school or local educational agency.CommentsClose CommentsPermalink





`(C) EXCLUSIONS- The term `staff member' does not include--CommentsClose CommentsPermalink





`(i) an employee hired by a school, local educational agency, or State to apply a pesticide; orCommentsClose CommentsPermalink





`(ii) a person assisting in the application of a pesticide.CommentsClose CommentsPermalink





`(17) STATE EDUCATIONAL AGENCY- The term `State educational agency' has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965.CommentsClose CommentsPermalink





`(18) UNIVERSAL NOTIFICATION- The term `universal notification' means notice provided by a local educational agency or school to--CommentsClose CommentsPermalink





`(A) all parents or guardians of children attending the school; andCommentsClose CommentsPermalink





`(B) staff members of the school or local educational agency.CommentsClose CommentsPermalink





`(b) INTEGRATED PEST MANAGEMENT SYSTEMS-CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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).CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(5) APPLICATION OF PESTICIDES WHEN SCHOOLS IN USE- A school shall prohibit--CommentsClose CommentsPermalink





`(A) the application of a pesticide when a school or a school ground is occupied or in use; orCommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(c) NATIONAL SCHOOL INTEGRATED PEST MANAGEMENT ADVISORY BOARD-CommentsClose CommentsPermalink





`(1) IN GENERAL- The Administrator, in consultation with the Secretary of Education, shall establish a National School Integrated Pest Management Advisory Board to--CommentsClose CommentsPermalink





`(A) establish uniform standards and criteria for developing integrated pest management systems and policies in schools;CommentsClose CommentsPermalink





`(B) develop standards for the use of least toxic pesticides in schools; andCommentsClose CommentsPermalink





`(C) advise the Administrator on any other aspects of the implementation of this section.CommentsClose CommentsPermalink





`(2) COMPOSITION OF BOARD- The Board shall be composed of 12 members and include 1 representative from at least 8 of the following groups:CommentsClose CommentsPermalink





`(A) Parents.CommentsClose CommentsPermalink





`(B) Public health care professionals.CommentsClose CommentsPermalink





`(C) Medical professionals.CommentsClose CommentsPermalink





`(D) State integrated pest management system coordinators.CommentsClose CommentsPermalink





`(E) Independent integrated pest management specialists that have carried out school integrated pest management programs.CommentsClose CommentsPermalink





`(F) Environmental advocacy groups.CommentsClose CommentsPermalink





`(G) Children's health advocacy groups.CommentsClose CommentsPermalink





`(H) Trade organization for pest control operators.CommentsClose CommentsPermalink





`(I) Teachers and staff members.CommentsClose CommentsPermalink





`(J) School maintenance staff.CommentsClose CommentsPermalink





`(K) School administrators.CommentsClose CommentsPermalink





`(L) School board members.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(4) TERM-CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(C) MAXIMUM TERM- In no event may a member of the Board serve for more than 6 consecutive years.CommentsClose CommentsPermalink





`(5) MEETINGS- The Administrator shall convene--CommentsClose CommentsPermalink





`(A) an initial meeting of the Board not later than 60 days after the appointment of the members; andCommentsClose CommentsPermalink





`(B) subsequent meetings on a periodic basis, but not less often than 2 times each year.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(7) CHAIRPERSON- The Board shall select a Chairperson for the Board.CommentsClose CommentsPermalink





`(8) QUORUM- A majority of the members of the Board shall constitute a quorum for the purpose of conducting business.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(10) ADMINISTRATION- The Administrator--CommentsClose CommentsPermalink





`(A) shall--CommentsClose CommentsPermalink





`(i) authorize the Board to hire a staff director; andCommentsClose CommentsPermalink





`(ii) detail staff of the Environmental Protection Agency, or allow for the hiring of staff for the Board; andCommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(11) RESPONSIBILITIES OF THE BOARD-CommentsClose CommentsPermalink





`(A) IN GENERAL- The Board shall provide recommendations to the Administrator regarding the implementation of this section.CommentsClose CommentsPermalink





`(B) LIST OF LEAST TOXIC PESTICIDES- Not later than 1 year after the initial meeting of the Board, the Board shall--CommentsClose CommentsPermalink





`(i) review implementation of this section (including use of least toxic pesticides); andCommentsClose CommentsPermalink





`(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).CommentsClose CommentsPermalink





`(C) TECHNICAL ADVISORY PANELS-CommentsClose CommentsPermalink





`(i) IN GENERAL- The Board shall convene technical advisory panels to provide scientific evaluations of the materials considered for inclusion on the list.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(D) SPECIAL REVIEW-CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(ii) DETERMINATION- The Board--CommentsClose CommentsPermalink





`(I) shall determine whether the use of pesticides described in clause (i) may cause adverse effects to the health of children, such as asthma, childhood cancer, learning disabilities, and other ailments; andCommentsClose CommentsPermalink





`(II) may recommend to the Administrator restrictions on pesticide use in school buildings and on school grounds.CommentsClose CommentsPermalink





`(12) REQUIREMENTS- In establishing the proposed list, the Board shall--CommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(14) PERIODIC REVIEW-CommentsClose CommentsPermalink





`(A) IN GENERAL- The Board shall review each substance included on the list at least once during each 5-year period beginning on--CommentsClose CommentsPermalink





`(i) the date that the substance was initially included on the list; orCommentsClose CommentsPermalink





`(ii) the date of the last review of the substance under this subsection.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(d) LIST OF LEAST TOXIC PESTICIDES; PESTICIDE REVIEW-CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(2) PROCEDURE FOR EVALUATING PESTICIDE USE-CommentsClose CommentsPermalink





`(A) LIST OF LEAST TOXIC PESTICIDES-CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(ii) REGULATORY REVIEW- The Administrator shall initiate regulatory review of all other pesticides recommended for restriction by the Board.CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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 cause adverse effects to the health of children.CommentsClose CommentsPermalink





`(D) NOTICE AND COMMENT-CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(e) OFFICE OF PESTICIDE PROGRAMS-CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(2) DUTIES- The official shall--CommentsClose CommentsPermalink





`(A) coordinate the development of school integrated pest management systems and policies;CommentsClose CommentsPermalink





`(B) consult with schools concerning--CommentsClose CommentsPermalink





`(i) issues related to the integrated pest management systems of schools;CommentsClose CommentsPermalink





`(ii) the use of least toxic pesticides; andCommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(C) support and provide technical assistance to the Board.CommentsClose CommentsPermalink





`(f) CONTACT PERSON-CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(2) DUTIES- The contact person of a school district shall--CommentsClose CommentsPermalink





`(A) maintain information about pesticide applications inside and outside schools within the school district, in school buildings, and on school grounds;CommentsClose CommentsPermalink





`(B) act as a contact for inquiries about the integrated pest management system;CommentsClose CommentsPermalink





`(C) maintain material safety data sheets and labels for all pesticides that may be used in the school district;CommentsClose CommentsPermalink





`(D) be informed of Federal and State chemical health and safety information and contact information;CommentsClose CommentsPermalink





`(E) maintain scheduling of all pesticide usage for schools in the school district;CommentsClose CommentsPermalink





`(F) maintain contact with Federal and State integrated pest management system experts; andCommentsClose CommentsPermalink





`(G) obtain periodic updates and training from State integrated pest management system experts.CommentsClose CommentsPermalink





`(3) PESTICIDE USE DATA- A local educational agency of a school district shall--CommentsClose CommentsPermalink





`(A) maintain all pesticide use data for each school in the school district; andCommentsClose CommentsPermalink





`(B) on request, make the data available to the public for review.CommentsClose CommentsPermalink





`(g) NOTICE OF INTEGRATED PEST MANAGEMENT SYSTEM-CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(2) CONTENTS- The notice shall include a description of--CommentsClose CommentsPermalink





`(A) the integrated pest management system of the school district;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(C) the name, address, and telephone number of the contact person of the school district;CommentsClose CommentsPermalink





`(D) a statement that--CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(ii) the label and data sheet is available for review by a parent, guardian, staff member, or student attending the school; andCommentsClose CommentsPermalink





`(iii) the contact person is available to parents, guardians, and staff members for information and comment; andCommentsClose CommentsPermalink





`(E) the time and place of any meetings that will be held under subsection (i)(1).CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(A) each new staff member who is employed during the school year; andCommentsClose CommentsPermalink





`(B) the parent or guardian of each new student enrolled during the school year.CommentsClose CommentsPermalink





`(h) USE OF PESTICIDES-CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(2) PRIOR NOTIFICATION OF PARENTS, GUARDIANS, AND STAFF MEMBERS-CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(i) the common name, trade name, and Environmental Protection Agency registration number of the pesticide;CommentsClose CommentsPermalink





`(ii) a description of the location of the application of the pesticide;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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.';CommentsClose CommentsPermalink





`(v) a description of potential adverse effects of the pesticide based on the material safety data sheet of the pesticide;CommentsClose CommentsPermalink





`(vi) a description of the reasons for the application of the pesticide;CommentsClose CommentsPermalink





`(vii) the name and telephone number of the contact person of the school district; andCommentsClose CommentsPermalink





`(viii) any additional warning information related to the pesticide.CommentsClose CommentsPermalink





`(B) METHOD OF NOTIFICATION- The school may provide the notice required by subparagraph (A) by--CommentsClose CommentsPermalink





`(i) written notice sent home with the student and provided to the staff member;CommentsClose CommentsPermalink





`(ii) a telephone call;CommentsClose CommentsPermalink





`(iii) direct contact; orCommentsClose CommentsPermalink





`(iv) written notice mailed at least 1 week before the application.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(3) POSTING OF SIGNS-CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(i) in a prominent place that is in or adjacent to the location to be treated; andCommentsClose CommentsPermalink





`(ii) at each entrance to the building or school ground to be treated.CommentsClose CommentsPermalink





`(B) ADMINISTRATION- A sign required under subparagraph (A) for the application of a pesticide shall--CommentsClose CommentsPermalink





`(i) remain posted for at least 72 hours after the end of the treatment;CommentsClose CommentsPermalink





`(ii) be at least 8 1/2 inches by 11 inches; andCommentsClose CommentsPermalink





`(iii) state the same information as that required for prior notification of the application under paragraph (2).CommentsClose CommentsPermalink





`(C) OUTDOOR PESTICIDE APPLICATIONS-CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(ii) DURATION OF POSTING- A sign described in clause (i) shall be posted after an outdoor pesticide application in accordance with subparagraph (B).CommentsClose CommentsPermalink





`(4) ADMINISTRATION-CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(B) TIME OF YEAR- Paragraphs (2) and (3) shall apply to a school--CommentsClose CommentsPermalink





`(i) during the school year; andCommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(5) EMERGENCIES-CommentsClose CommentsPermalink





`(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).CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(i) the information required for a notice under paragraph (2)(A);CommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(iii) a description of the steps the school will take in the future to avoid emergency application of a pesticide under this paragraph.CommentsClose CommentsPermalink





`(C) METHOD OF NOTIFICATION- The school may provide the notice required by subparagraph (B) by--CommentsClose CommentsPermalink





`(i) written notice sent home with the student and provided to the staff member;CommentsClose CommentsPermalink





`(ii) a telephone call; orCommentsClose CommentsPermalink





`(iii) direct contact.CommentsClose CommentsPermalink





`(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).CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(6) DRIFT OF PESTICIDES ONTO SCHOOL GROUND- Each local educational agency, State pesticide lead agency, and the Administrator shall--CommentsClose CommentsPermalink





`(A) identify sources of pesticides that drift from treated land to school grounds of the educational agency; andCommentsClose CommentsPermalink





`(B) take steps necessary to create an indoor and outdoor school environment that are protected from pesticides described in subparagraph (A).CommentsClose CommentsPermalink





`(i) MEETINGS-CommentsClose CommentsPermalink





`(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 (f) to receive and address public comments regarding the integrated pest management system of the school district.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(j) INVESTIGATIONS AND ORDERS-CommentsClose CommentsPermalink





`(1) IN GENERAL- Not later than 60 days after receiving a complaint of a violation of this section, the Administrator shall--CommentsClose CommentsPermalink





`(A) conduct an investigation of the complaint;CommentsClose CommentsPermalink





`(B) determine whether it is reasonable to believe the complaint has merit; andCommentsClose CommentsPermalink





`(C) notify the complainant and the person alleged to have committed the violation of the findings of the Administrator.CommentsClose CommentsPermalink





`(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 (k).CommentsClose CommentsPermalink





`(3) OBJECTIONS TO PRELIMINARY ORDER-CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(i) file objections to the preliminary order (including findings); andCommentsClose CommentsPermalink





`(ii) request a hearing on the record.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(4) HEARING- A hearing under this subsection shall be conducted expeditiously.CommentsClose CommentsPermalink





`(5) FINAL ORDER- Not later than 120 days after the end of the hearing, the Administrator shall issue a final order.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(7) COSTS-CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(B) AMOUNT- The Administrator shall determine the amount of the costs that were reasonably incurred by the complainant.CommentsClose CommentsPermalink





`(8) JUDICIAL REVIEW AND VENUE-CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(B) TIMING- The review shall be heard and decided expeditiously.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(k) CIVIL PENALTY-CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(l) INTEGRATED PEST MANAGEMENT TRUST FUND-CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(A) amounts deposited in the Fund under subsection (k)(2);CommentsClose CommentsPermalink





`(B) amounts transferred to the Secretary of the Treasury for deposit into the Fund under paragraph (5); andCommentsClose CommentsPermalink





`(C) any interest earned on investment of amounts in the Fund under paragraph (3).CommentsClose CommentsPermalink





`(2) EXPENDITURES FROM FUND-CommentsClose CommentsPermalink





`(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 (k)(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(3) INVESTMENT OF AMOUNTS-CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(B) ACQUISITION OF OBLIGATIONS- For the purpose of investments under subparagraph (A), obligations may be acquired--CommentsClose CommentsPermalink





`(i) on original issue at the issue price; orCommentsClose CommentsPermalink





`(ii) by purchase of outstanding obligations at the market price.CommentsClose CommentsPermalink





`(C) SALE OF OBLIGATIONS- Any obligation acquired by the Fund may be sold by the Secretary of the Treasury at the market price.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(4) TRANSFERS OF AMOUNTS-CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(m) EMPLOYEE PROTECTION-CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(A) is assisting or demonstrating an intent to assist in achieving compliance with this section (including any regulation);CommentsClose CommentsPermalink





`(B) is refusing to violate or assist in the violation of this section (including any regulation); orCommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(A) take affirmative action to abate the violation;CommentsClose CommentsPermalink





`(B) reinstate the complainant to the former position with the same pay and terms and privileges of employment; andCommentsClose CommentsPermalink





`(C) pay compensatory damages, including back pay.CommentsClose CommentsPermalink





`(n) GRANTS-CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(p) REGULATIONS- Subject to subsection (o), the Administrator shall promulgate such regulations as are necessary to carry out this section.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(r) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to carry out this section $7,000,000 for each of fiscal years 2008 through 2012.'.CommentsClose CommentsPermalink

SEC. 4. RULE OF CONSTRUCTION.

The Administrator of the Environmental Protection Agency may not remove any pesticide that is included on the list of pesticides that the Administrator has exempted from regulation under section 25(b) of the Federal Insecticide, Fungicide, and Rodenticide Act or refuse to add a pesticide to such list solely on the grounds that the pesticide is claimed to be able to be used to control a public health pest.CommentsClose CommentsPermalink

SEC. 5. 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:CommentsClose CommentsPermalink





`Sec. 34. Integrated pest management systems for schools.CommentsClose CommentsPermalink

`Sec. 35. Severability.CommentsClose CommentsPermalink





`Sec. 36. Authorization of appropriations.'.CommentsClose CommentsPermalink

SEC. 6. EFFECTIVE DATE.

This Act and the amendments made by this Act take effect on October 1, 2007.CommentsClose CommentsPermalink