Volume 147, No. 85 covering the 1st Session of the 107th Congress (2001 - 2002) was published by the Congressional Record.
The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“TEXT OF AMENDMENTS” mentioning the Environmental Protection Agency was published in the Senate section on pages S6456-S6459 on June 19, 2001.
The publication is reproduced in full below:
TEXT OF AMENDMENTS
SA 805. Mr. DURBIN (for Mr. Torricelli) proposed an amendment to the bill H.R. 1, to close the achievement gap with accountability, flexibility, and choice, so that no child is left behind; as follows:
At the appropriate place insert the following:
SEC. 9____. PEST MANAGEMENT IN SCHOOLS.
(a) Short Title.--This section may be cited as the ``School Environment Protection Act of 2001''.
(b) Pest Management.--The Federal Insecticide, Fungicide, and Rodenticide Act is amended--
(1) by redesignating sections 33 and 34 (7 U.S.C. 136x, 136y) as sections 34 and 35, respectively; and
(2) by inserting after section 32 (7 U.S.C. 136w-7) the following:
``SEC. 33. PEST MANAGEMENT IN SCHOOLS.
``(a) Definitions.--In this section:
``(1) Bait.--The term `bait' means a pesticide that contains an ingredient that serves as a feeding stimulant, odor, pheromone, or other attractant for a target pest.
``(2) Contact person.--The term `contact person' means an individual who is--
``(A) knowledgeable about school pest management plans; and
``(B) designated by a local educational agency to carry out implementation of the school pest management plan of a school.
``(3) Emergency.--The term `emergency' means an urgent need to mitigate or eliminate a pest that threatens the health or safety of a student or staff member.
``(4) Local educational agency.--The term `local educational agency' has the meaning given the term in section 3 of the Elementary and Secondary Education Act of 1965.
``(5) School.--
``(A) In general.--The term `school' means a public--
``(i) elementary school (as defined in section 3 of the Elementary and Secondary Education Act of 1965);
``(ii) secondary school (as defined in section 3 of the Act);
``(iii) kindergarten or nursery school that is part of an elementary school or secondary school; or
``(iv) tribally-funded school.
``(B) Inclusions.--The term `school' includes any school building, and any area outside of a school building
(including a lawn, playground, sports field, and any other property or facility), that is controlled, managed, or owned by the school or school district.
``(6) School pest management plan.--The term `school pest management plan' means a pest management plan developed under subsection (b).
``(7) Staff member.--
``(A) In general.--The term `staff member' means a person employed at a school or local educational agency.
``(B) Exclusions.--The term `staff member' does not include--
``(i) a person hired by a school, local educational agency, or State to apply a pesticide; or
``(ii) a person assisting in the application of a pesticide.
``(8) State agency.--The term `State agency' means the an agency of a State, or an agency of an Indian tribe or tribal organization (as those terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)), that exercises primary jurisdiction over matters relating to pesticide regulation.
``(9) Universal notification.--The term `universal notification' means notice provided by a local educational agency or school to--
``(A) parents, legal guardians, or other persons with legal standing as parents of each child attending the school; and
``(B) staff members of the school.
``(b) School Pest Management Plans.--
``(1) State plans.--
``(A) Guidance.--As soon as practicable (but not later than 180 days) after the date of enactment of the School Environment Protection Act of 2001, the Administrator shall develop, in accordance with this section--
``(i) guidance for a school pest management plan; and
``(ii) a sample school pest management plan.
``(B) Plan.--As soon as practicable (but not later than 1 year) after the date of enactment of the School Environment Protection Act of 2001, each State agency shall develop and submit to the Administrator for approval, as part of the State cooperative agreement under section 23, a school pest management plan for local educational agencies in the State.
``(C) Components.--A school pest management plan developed under subparagraph (B) shall, at a minimum--
``(i) implement a system that--
``(I) eliminates or mitigates health risks, or economic or aesthetic damage, caused by pests;
``(II) employs--
``(aa) integrated methods;
``(bb) site or pest inspection;
``(cc) pest population monitoring; and
``(dd) an evaluation of the need for pest management; and
``(III) is developed taking into consideration pest management alternatives (including sanitation, structural repair, and mechanical, biological, cultural, and pesticide strategies) that minimize health and environmental risks;
``(ii) require, for pesticide applications at the school, universal notification to be provided--
``(I) at the beginning of the school year;
``(II) at the midpoint of the school year; and
``(III) at the beginning of any summer session, as determined by the school;
``(iii) establish a registry of staff members of a school, and of parents, legal guardians, or other persons with legal standing as parents of each child attending the school, that have requested to be notified in advance of any pesticide application at the school;
``(iv) establish guidelines that are consistent with the definition of a school pest management plan under subsection
(a);
``(v) require that each local educational agency use a certified applicator or a person authorized by the State agency to implement the school pest management plans;
``(vi) be consistent with the State cooperative agreement under section 23; and
``(vii) require the posting of signs in accordance with paragraph (4)(G).
``(D) Approval by administrator.--Not later than 90 days after receiving a school pest management plan submitted by a State agency under subparagraph (B), the Administrator shall--
``(i) determine whether the school pest management plan, at a minimum, meets the requirements of subparagraph (C); and
``(ii)(I) if the Administrator determines that the school pest management plan meets the requirements, approve the school pest management plan as part of the State cooperative agreement; or
``(II) if the Administrator determines that the school pest management plan does not meet the requirements--
``(aa) disapprove the school pest management plan;
``(bb) provide the State agency with recommendations for and assistance in revising the school pest management plan to meet the requirements; and
``(cc) provide a 90-day deadline by which the State agency shall resubmit the revised school pest management plan to obtain approval of the plan, in accordance with the State cooperative agreement.
``(E) Distribution of state plan to schools.--On approval of the school pest management plan of a State agency, the State agency shall make the school pest management plan available to each local educational agency in the State.
``(F) Exception for existing state plans.--If, on the date of enactment of the School Environment Protection Act of 2001, a State has implemented a school pest management plan that, at a minimum, meets the requirements under subparagraph
(C) (as determined by the Administrator), the State agency may maintain the school pest management plan and shall not be required to develop a new school pest management plan under subparagraph (B).
``(2) Implementation by local educational agencies.--
``(A) In general.--Not later than 1 year after the date on which a local educational agency receives a copy of a school pest management plan of a State agency under paragraph
(1)(E), the local educational agency shall develop and implement in each of the schools under the jurisdiction of the local educational agency a school pest management plan that meets the standards and requirements under the school pest management plan of the State agency, as determined by the Administrator.
``(B) Exception for existing plans.--If, on the date of enactment of the School Environment Protection Act of 2001, a State maintains a school pest management plan that, at a minimum, meets the standards and criteria established under this section (as determined by the Administrator), and a local educational agency in the State has implemented the State school pest management plan, the local educational agency may maintain the school pest management plan and shall not be required to develop and implement a new school pest management plan under subparagraph (A).
``(C) Application of pesticides at schools.--A school pest management plan shall prohibit--
``(i) the application of a pesticide to any area or room at a school while the area or room is occupied or in use by students or staff members (except students and staff participating in regular or vocational agricultural instruction involving the use of pesticides); and
``(ii) the use by students or staff members of an area or room treated with a pesticide by broadcast spraying, baseboard spraying, tenting, or fogging during--
``(I) the period specified on the label of the pesticide during which a treated area or room should remain unoccupied; or
``(II) if there is no period specified on the label, the 24-hour period beginning at the end of the treatment.
``(3) Contact person.--
``(A) In general.--Each local educational agency shall designate a contact person to carry out a school pest management plan in schools under the jurisdiction of the local educational agency.
``(B) Duties.--The contact person of a local educational agency shall--
``(i) maintain information about the scheduling of pesticide applications in each school under the jurisdiction of the local educational agency;
``(ii) act as a contact for inquiries, and disseminate information requested by parents or guardians, about the school pest management plan;
``(iii) maintain and make available to parents, legal guardians, or other persons with legal standing as parents of each child attending the school, before and during the notice period and after application--
``(I) copies of material safety data sheet for pesticides applied at the school, or copies of material safety data sheets for end-use dilutions of pesticides applied at the school, if data sheets are available;
``(II) labels and fact sheets approved by the Administrator for all pesticides that may be used by the local educational agency; and
``(III) any final official information related to the pesticide, as provided to the local educational agency by the State agency; and
``(iv) for each school, maintain all pesticide use data for each pesticide used at the school (other than antimicrobial pesticides (as defined in clauses (i) and (ii) of section 2(mm)(1)(A))) for at least 3 years after the date on which the pesticide is applied; and
``(v) make that data available for inspection on request by any person.
``(4) Notification.--
``(A) Universal notification.--At the beginning of each school year, at the midpoint of each school year, and at the beginning of any summer session (as determined by the school), a local educational agency or school shall provide to staff members of a school, and to parents, legal guardians, and other persons with legal standing as parents of students enrolled at the school, a notice describing the school pest management plan that includes--
``(i) a summary of the requirements and procedures under the school pest management plan;
``(ii) a description of any potential pest problems that the school may experience (including a description of the procedures that may be used to address those problems);
``(iii) the address, telephone number, and website address of the Office of Pesticide Programs of the Environmental Protection Agency; and
``(iv) the following statement (including information to be supplied by the school as indicated in brackets):
`As part of a school pest managementplan, [ ] may use pesticides to control pests. The Environmental Protection Agency (EPA) and [ ] registers pesticides for that use. EPA continues to examine registered pesticides to determine that use of the pesticides in accordance with instructions printed on the label does not pose unreasonable risks to human health and the environment. Nevertheless, EPA cannot guarantee that registered pesticides do not pose risks, and unnecessary exposure to pesticides should be avoided. Based in part on recommendations of a 1993 study by the National Academy of Sciences that reviewed registered pesticides and their potential to cause unreasonable adverse effects on human health, particularly on the health of pregnant women, infants, and children, Congress enacted the Food Quality Protection Act of 1996. That law requires EPA to reevaluate all registered pesticides and new pesticides to measure their safety, taking into account the unique exposures and sensitivity that pregnant women, infants, and children may have to pesticides. EPA review under that law is ongoing. You may request to be notified at least 24 hours in advance of pesticide applications to be made and receive information about the applications by registering with the school. Certain pesticides used by the school (including baits, pastes, and gels) are exempt from notification requirements. If you would like more information concerning any pesticide application or any product used at the school, contact [ ]'.
``(B) Notification to persons on registry.--
``(i) In general.--Except as provided in clause (ii) and paragraph (5)--
``(I) notice of an upcoming pesticide application at a school shall be provided to each person on the registry of the school not later than 24 hours before the end of the last business day during which the school is in session that precedes the day on which the application is to be made; and
``(II) the application of a pesticide for which a notice is given under subclause (I) shall not commence before the end of the business day.
``(ii) Notification concerning pesticides used in curricula.--If pesticides are used as part of a regular vocational agricultural curriculum of the school, a notice containing the information described in subclauses (I),
(IV), (VI), and (VII) of clause (iii) for all pesticides that may be used as a part of that curriculum shall be provided to persons on the registry only once at the beginning of each academic term of the school.
``(iii) Contents of notice.--A notice under clause (i) shall contain--
``(I) the trade name, common name (if applicable), and Environmental Protection Agency registration number of each pesticide to be applied;
``(II) a description of each location at the school at which a pesticide is to be applied;
``(III) a description of the date and time of application, except that, in the case of an outdoor pesticide application, a notice shall include at least 3 dates, in chronological order, on which the outdoor pesticide application may take place if the preceding date is canceled;
``(IV) all information supplied to the local educational agency by the State agency, including a description of potentially acute and chronic effects that may result from exposure to each pesticide to be applied based on--
``(aa) a description of potentially acute and chronic effects that may result from exposure to each pesticide to be applied, as stated on the label of the pesticide approved by the Administrator;
``(bb) information derived from the material safety data sheet for the end-use dilution of the pesticide to be applied
(if available) or the material safety data sheets; and
``(cc) final, official information related to the pesticide prepared by the Administrator and provided to the local educational agency by the State agency;
``(V) a description of the purpose of the application of the pesticide;
``(VI) the address, telephone number, and website address of the Office of Pesticide Programs of the Environmental Protection Agency; and
``(VII) the statement described in subparagraph (A)(iv)
(other than the ninth sentence of that statement).
``(C) Notification and posting exemption.--A notice or posting of a sign under subparagraph (A), (B), or (G) shall not be required for the application at a school of--
``(i) an antimicrobial pesticide;
``(ii) a bait, gel, or paste that is placed--
``(I) out of reach of children or in an area that is not accessible to children; or
``(II) in a tamper-resistant or child-resistant container or station; and
``(iii) any pesticide that, as of the date of enactment of the School Environment Protection Act of 2001, is exempt from the requirements of this Act under section 25(b) (including regulations promulgated at section 152 of title 40, Code of Federal Regulations (or any successor regulation)).
``(D) New staff members and students.--After the beginning of each school year, a local educational agency or school within a local educational agency shall provide each notice required under subparagraph (A) to--
``(i) each new staff member who is employed during the school year; and
``(ii) the parent or guardian of each new student enrolled during the school year.
``(E) Method of notification.--A local educational agency or school may provide a notice under this subsection, using information described in paragraph (4), in the form of--
``(i) a written notice sent home with the students and provided to staff members;
``(ii) a telephone call;
``(iii) direct contact;
``(iv) a written notice mailed at least 1 week before the application; or
``(v) a notice delivered electronically (such as through electronic mail or facsimile).
``(F) Reissuance.--If the date of the application of the pesticide needs to be extended beyond the period required for notice under this paragraph, the school shall issue a notice containing only the new date and location of application.
``(G) Posting of signs.--
``(i) In general.--Except as provided in paragraph (5)--
``(I) a school shall post a sign not later than the last business day during which school is in session preceding the date of application of a pesticide at the school; and
``(II) the application for which a sign is posted under subclause (I) shall not commence before the time that is 24 hours after the end of the business day on which the sign is posted.
``(ii) Location.--A sign shall be posted under clause (i)--
``(I) at a central location noticeable to individuals entering the building; and
``(II) at the proposed site of application.
``(iii) Administration.--A sign required to be posted under clause (i) shall--
``(I) remain posted for at least 24 hours after the end of the application;
``(II) be--
``(aa) at least 8\1/2\ inches by 11 inches for signs posted inside the school; and
``(bb) at least 4 inches by 5 inches for signs posted outside the school; and
``(III) contain--
``(aa) information about the pest problem for which the application is necessary;
``(bb) the name of each pesticide to be used;
``(cc) the date of application;
``(dd) the name and telephone number of the designated contact person; and
``(ee) the statement contained in subparagraph (A)(iv).
``(iv) Outdoor pesticide applications.--
``(I) In general.--In the case of an outdoor pesticide application at a school, each sign shall include at least 3 dates, in chronological order, on which the outdoor pesticide application may take place if the preceding date is canceled.
``(II) Duration of posting.--A sign described in subclause
(I) shall be posted after an outdoor pesticide application in accordance with clauses (ii) and (iii).
``(5) Emergencies.--
``(A) In general.--A school may apply a pesticide at the school without complying with this part in an emergency, subject to subparagraph (B).
``(B) Subsequent notification of parents, guardians, and staff members.--Not later than the earlier of the time that is 24 hours after a school applies a pesticide under this paragraph or on the morning of the next business day, the school shall provide to each parent or guardian of a student listed on the registry, a staff member listed on the registry, and the designated contact person, notice of the application of the pesticide in an emergency that includes--
``(i) the information required for a notice under paragraph
(4)(G); and
``(ii) a description of the problem and the factors that required the application of the pesticide to avoid a threat to the health or safety of a student or staff member.
``(C) Method of notification.--The school may provide the notice required by paragraph (B) by any method of notification described in paragraph (4)(E).
``(D) Posting of signs.--Immediately after the application of a pesticide under this paragraph, a school shall post a sign warning of the pesticide application in accordance with clauses (ii) through (iv) of paragraph (4)(B).
``(c) Relationship to State and Local Requirements.--Nothing in this section (including regulations promulgated under this section)--
``(1) precludes a State or political subdivision of a State from imposing on local educational agencies and schools any requirement under State or local law (including regulations) that is more stringent than the requirements imposed under this section; or
``(2) establishes any exception under, or affects in any other way, section 24(b).
``(d) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section.''.
(c) Conforming Amendment.--The table of contents in section 1(b) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. prec. 121) is amended by striking the items relating to sections 30 through 32 and inserting the following:
``Sec. 30. Minimum requirements for training of maintenance applicators and service technicians.
``Sec. 31. Environmental Protection Agency minor use program.
``Sec. 32. Department of Agriculture minor use program.
``(a) In general.
``(b)(1) Minor use pesticide data.
``(2) Minor Use Pesticide Data Revolving Fund.
``Sec. 33. Pest management in schools.
``(a) Definitions.
``(1) Bait.
``(2) Contact person.
``(3) Emergency.
``(4) Local educational agency.
``(5) School.
``(6) Staff member.
``(7) State agency.
``(8) Universal notification.
``(b) School pest management plans.
``(1) State plans.
``(2) Implementation by local educational agencies.
``(3) Contact person.
``(4) Notification.
``(5) Emergencies.
``(c) Relationship to State and local requirements.
``(d) Authorization of appropriations.
``Sec. 34. Severability.
``Sec. 35. Authorization of appropriations.''.
(d) Effective Date.--This section and the amendments made by this section take effect on October 1, 2001.
____
SA 806. Mr. REID (for Mr. Harkin (for himself and Mr. Lugar)) proposed an amendment to the bill S. 657, to authorize funding for the National 4-H Program Centennial Initiative; as follows:
Beginning on page 2, strike line 14 and all that follows through page 3, line 22, and insert the following:
(b) Grant.--
(1) In general.--The Secretary of Agriculture may provide a grant to the National 4-H Council to pay the Federal share of the cost of--
(A) conducting a program of discussions through meetings, seminars, and listening sessions on the National, State, and local levels regarding strategies for youth development; and
(B) preparing a report that--
(i) summarizes and analyzes the discussions;
(ii) makes specific recommendations of strategies for youth development; and
(iii) proposes a plan of action for carrying out those strategies.
(2) Cost sharing.--
(A) In general.--The Federal share of the cost of the program under paragraph (1) shall be 50 percent.
(B) Form of non-federal share.--The non-Federal share of the cost of the program under paragraph (1) may be paid in the form of cash or the provision of services, material, or other in-kind contributions.
(3) Amount.--The grant made under this subsection shall not exceed $5,000,000.
(c) Report.--The National 4-H Council shall submit any report prepared under subsection (b) to the President, the Secretary of Agriculture, the Committee on Agriculture of the House of Representatives, and the Committee on Agriculture, Nutrition, and Forestry of the Senate.
(d) Funding.--The Secretary may fund the grant authorized by this section from--
(1) funds made available under subsection (e); and
(2) notwithstanding subsections (c) and (d) of section 793 of the Federal Agriculture Improvement and Reform Act of 1996
(7 U.S.C. 2204f), funds from the Account established under section 793(a) of that Act.
(e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $5,000,000.
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