[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3364 Introduced in Senate (IS)]
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116th CONGRESS
2d Session
S. 3364
To improve the health and academic achievement of students in highly
polluted environments, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 27, 2020
Mr. Booker introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To improve the health and academic achievement of students in highly
polluted environments, and for other purposes.
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 ``Clean Air Sharp Minds Act''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to improve the health and academic achievement of
students in highly polluted environments;
(2) to demonstrate the impacts of clean air at school on
student learning and well-being; and
(3) to support the Nation's schools to advance
environmental justice.
SEC. 3. FINDINGS.
Congress finds the following:
(1) Substantial research demonstrates that air pollution
negatively impacts health and cognition.
(2) More than 1 in 5 public schools in the United States
are located within a mile of a toxic release site. Nearly 1 in
11 public schools, serving 4,400,000 students, are less than
500 feet from a major road.
(3) According to a 2017 report, 4 percent of schools
serving predominantly White students are next to major roads,
while 15 percent of schools serving largely students of color
are next to major roads.
(4) Indoor levels of air pollutants can be 2 to 5 times
higher, and sometimes 100 times higher, than outdoor levels. In
2014, nearly half of schools in the United States reported
having problems related to indoor air quality.
(5) Schools in poor repair may have additional air quality
problems, including lead, asbestos, dust, and radon
contamination.
(6) Poor indoor air quality increases the risk of severe
asthma attacks and allergic reactions. Asthma is the leading
cause of missed school days in the United States.
(7) High-performance air filters can decrease indoor
particulate matter by 90 percent.
(8) Research demonstrates the potential for school air
filters to improve student learning. In 2016, commercial air
filters were installed in every classroom, office, and common
area of 18 public schools in Los Angeles. Controlling for
student demographics, mathematics test scores at these schools
improved dramatically, nearly matching the impact of reducing
class sizes by a third, and gains persisted the following the
year.
SEC. 4. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Commercial air filter.--The term ``commercial air
filter'' means an air filter unit that--
(A) removes particulate matter (including mold,
smoke, dust, lead, soot, and allergens from pests) and
gaseous pollutants (including carbon monoxide, sulfur
dioxide, and volatile organic compounds);
(B) does not produce any ozone;
(C) meets the American Society of Heating,
Refrigerating, and Air-Conditioning Engineers (ASHRAE)
Minimum Efficiency Reporting Value (MERV) of 13 (or the
equivalent, using a different rating system); and
(D) contains activated carbon (charcoal) and a HEPA
particle filter.
(3) Eligible school.--The term ``eligible school'' means a
public elementary school or secondary school, as such terms are
defined in section 8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
(4) Environmental justice.--The term ``environmental
justice'' means the fair treatment and meaningful involvement
of all individuals, regardless of race, color, national origin,
educational level, or income, with respect to the development,
implementation, and enforcement of environmental laws,
regulations, and policies to ensure that--
(A) populations of color, communities of color,
indigenous communities, and low-income communities have
access to public information and opportunities for
meaningful public participation relating to human
health and environmental planning, regulations, and
enforcement;
(B) no population of color or community of color,
indigenous community, or low-income community shall be
exposed to a disproportionate burden of the negative
human health and environmental impacts of pollution or
other environmental hazards; and
(C) the ``17 Principles of Environmental Justice'',
written and adopted at the First National People of
Color Environmental Leadership Summit held on October
24 through 27, 1991, in Washington, DC, are upheld.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Education.
SEC. 5. DEMONSTRATION PROGRAM AUTHORIZED.
(a) In General.--Not later than 6 months after the date of
enactment of this Act, the Secretary and the Administrator shall enter
into a memorandum of understanding to jointly administer the School Air
Filters Demonstration Program described in this section for a 3-year
period.
(b) Selection of Eligible Schools.--
(1) Selection of eligible schools.--Not later than 12
months after the date of enactment of this Act, the Secretary
and the Administrator shall select a minimum of 175 eligible
schools to participate in the School Air Filters Demonstration
Program.
(2) Priority.--In selecting eligible schools under this
subsection, the Secretary and the Administrator shall do so
with the purpose of advancing environmental justice, giving
priority--
(A) first, to eligible schools that are located in
a nonattainment area for PM2.5, PM10, or ozone;
(B) second, to eligible schools that have school
facilities that pose a severe health and safety threat
to students and staff; and
(C) third, to eligible schools that have a high
concentration of students from a low-income family.
(3) Considerations in selection.--In selecting eligible
schools under this subsection, the Secretary and the
Administrator--
(A) shall seek to select eligible schools that
represent--
(i) a mix of elementary schools, middle
schools, and high schools; and
(ii) a mix of urban, suburban, and rural
schools; and
(B) may consider any other eligibility requirements
that the Secretary and the Administrator determine are
necessary to carry out the purposes of this Act.
(c) Agreement To Participate.--The Secretary and the Administrator
shall seek to enter into a written agreement with each eligible school
selected under subsection (b) to ensure that the eligible school
desires to participate in the School Air Filters Demonstration Program.
The Secretary and the Administrator shall carry out the activities
under subsection (d) only with respect to participating eligible
schools that enter into such an agreement.
(d) Use of Funds.--
(1) In general.--The Secretary and the Administrator
shall--
(A) purchase commercial air filters for the
buildings of each participating eligible school;
(B) install a commercial air filter in every
classroom, office, and common area that students access
in each such school;
(C) maintain those air filters for a period of 3
years, including by ensuring the replacement of the
internal carbon filters of those air filters according
to a frequency as indicated by the manufacturer;
(D) provide technical support to eligible schools
participating in the program, including training school
staff on how to properly use the air filters; and
(E) using not more than 3.5 percent of the funds
appropriated under subsection (f), collect, analyze,
and submit data that is necessary for the report and
evaluation described in subsection (e).
(2) Use of contractor.--
(A) In general.--Subject to subparagraph (B), the
activities described in subparagraphs (B) and (C) of
paragraph (1) may be carried out by an entity that--
(i) has a contract to do so with the
Administrator; and
(ii) has a State or local license or
certification from a relevant professional
organization allowing the entity to install and
maintain air filter units.
(B) Collective bargaining agreement.--
Notwithstanding subparagraph (A), if a school or local
educational agency's collective bargaining agreement
stipulates that a school staff member carry out the
activities described in subparagraphs (B) or (C) of
paragraph (1), the Administrator shall coordinate with
the local educational agency to arrange for school
staff to carry out those activities. Nothing in this
Act shall be construed to interfere with a collective
bargaining agreement.
(e) Reports and Evaluation.--
(1) Annual reports.--The Secretary and the Administrator
shall prepare and submit to Congress an annual report
containing--
(A) metrics that demonstrate the indoor air quality
(at a minimum, PM2.5 levels, as well as any other air
pollutants that the Administrator determines necessary
to test) at 3 locations within each participating
eligible school before installation of the commercial
air filters, and subsequently twice per academic year,
ensuring that the locations of that testing are kept
consistent for each test);
(B) the pollutants that are captured by the air
filters at participating eligible schools, as
determined by annual tests conducted on the used air
filters;
(C) metrics that demonstrate the academic outcomes
of students at each participating eligible school
(including standardized test scores);
(D) rates of suspension at each participating
eligible school; and
(E) rates of school absence by students at each
participating eligible school, including rates of
school absence relating to asthma and other health
measures.
(2) Evaluation.--At the end of the 3-year School Air
Filters Demonstration Program, the Secretary and the
Administrator shall prepare and submit a report to Congress
that includes an evaluation of the effectiveness of the School
Air Filters Demonstration Program, including an analysis of the
impact of the commercial air filters on student academic
achievement and well-being, and on the program's potential to
advance environmental justice. The evaluation shall include
recommendations based on the findings from the School Air
Filters Demonstration Program.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this Act $20,000,000 for fiscal year 2021.
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