[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10173 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 10173
To amend the Toxic Substances Control Act to authorize grants for toxic
substances remediation in schools, to reauthorize healthy high-
performance schools, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 20, 2024
Ms. McClellan introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Toxic Substances Control Act to authorize grants for toxic
substances remediation in schools, to reauthorize healthy high-
performance schools, 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 ``Get Toxic Substances Out of Schools
Act of 2024''.
SEC. 2. GRANTS FOR TOXIC SUBSTANCES REMEDIATION IN SCHOOLS.
(a) In General.--Section 28 of the Toxic Substances Control Act (15
U.S.C. 2627) is amended--
(1) in the section heading, by inserting ``and tribal''
after ``state'';
(2) in subsection (a)--
(A) by striking the subsection heading and
inserting ``Grants for State and Tribal Programs.--'';
(B) in the first sentence--
(i) by inserting ``and Indian Tribes''
after ``grants to States''; and
(ii) by inserting ``during the 24-month
period beginning on the date on which the grant
is made'' after ``elimination''; and
(C) in the second sentence, by inserting ``or
Tribal'' after ``State'';
(3) in subsection (b)(1)--
(A) by striking ``subsection (a)'' each place it
appears and inserting ``subsection (b) or (d)''; and
(B) in subparagraph (B), by inserting ``or Indian
Tribe'' after ``State'';
(4) by redesignating subsections (a) and (b) as subsections
(b) and (c), respectively;
(5) by inserting before subsection (b) (as so redesignated)
the following:
``(a) Definition of Indian Tribe.--In this section, the term
`Indian Tribe' means the governing body of any Indian or Alaska Native
tribe, band, nation, pueblo, village, community, component band, or
component reservation individually identified (including
parenthetically) on the list published by the Secretary of the Interior
under section 104 of the Federally Recognized Indian Tribe List Act of
1994 (25 U.S.C. 5131).''; and
(6) by adding at the end the following:
``(d) Grants for Toxic Substances Remediation in Schools.--
``(1) Definitions.--In this subsection:
``(A) Early childhood education program.--The term
`early childhood education program' has the meaning
given the term in section 103 of the Higher Education
Act of 1965 (20 U.S.C. 1003).
``(B) Eligible child care provider.--The term
`eligible child care provider' means a center-based
child care provider described in section 658P(6)(A) of
the Child Care and Development Block Grant Act of 1990
(42 U.S.C. 9858n(6)(A)).
``(C) Eligible facility.--The term `eligible
facility' means--
``(i) a public school facility operated by
a local educational agency or a Federal agency;
``(ii) a facility operated by an early
childhood education program;
``(iii) a center-based child care facility
operated by an eligible child care provider;
and
``(iv) if applicable, an educational
facility where juveniles are incarcerated or
live as wards of the State.
``(D) Environmental concern.--The term
`environmental concern' means environmental problems,
contaminants, hazardous substances, and pollutant
emissions, as described in section 504(a)(3)(A).
``(E) Local educational agency; state educational
agency.--The terms `local educational agency' and
`State educational agency' have the meanings given
those terms in section 8101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801).
``(2) Authorization of grants.--
``(A) In general.--Without regard to the ability or
likelihood of the Administrator to take action under
any other provision of this Act as described in
subsection (b), the Administrator, in consultation with
the Secretary of Education and the Secretary of Health
and Human Services and in partnership with the
Secretary of Labor with respect to the enforcement of
applicable labor standards, may provide grants in
accordance with this subsection to States and Indian
Tribes for the purposes of identifying, preventing, and
eliminating risks associated with the presence of an
environmental concern in eligible facilities.
``(B) Use of grants.--A State or an Indian Tribe
that receives a grant under this subsection shall use
the grant funds directly, or provide the grant funds to
a local educational agency, an early childhood
education program, or an eligible child care provider,
for use in--
``(i) performing inspections, testing,
assessments, and monitoring for environmental
concerns in eligible facilities, including--
``(I) toxic substances within
building facilities, such as lead,
asbestos, and polychlorinated
biphenyls; and
``(II) toxic substances stored or
used in the facilities for maintenance,
cleaning, or instruction;
``(ii) carrying out remediation measures in
the eligible facilities, including
construction, alteration, and repair of
eligible facilities, for the purpose of the
removal and disposal of environmental concerns
and toxic substances described in clause (i) or
making facility improvements for heating,
ventilation, and air conditioning systems; and
``(iii) training and technical assistance
for State or local government staff, including
school employees, who are involved in school
maintenance or operations or educational
facilities capital outlay projects, on the best
practices for improving environmental quality,
including minimizing health risks posed by
polychlorinated biphenyls, asbestos, lead in
paint, molds, the use and storage of chemicals,
pesticides, and disinfectants, and other
hazards.
``(C) State and tribal capacity grants.--The
Administrator may provide financial assistance to a
State or an Indian Tribe that is eligible to receive
assistance under subparagraph (A) for the purpose of--
``(i) including public participation and
stakeholder engagement in carrying out
activities using a grant received under that
subparagraph; or
``(ii) supporting collaborations between a
State educational agency, local educational
agencies, early childhood education programs,
eligible child care providers, and other
agencies with expertise in environmental health
to improve the environmental quality in
education settings, including minimizing health
risks posed by polychlorinated biphenyls,
asbestos, lead in paint, molds, the use and
storage of chemicals, pesticides, and
disinfectants, and other hazards.
``(D) Regulations and guidance.--The Administrator,
in consultation with the Secretary of Education, the
Secretary of Health and Human Services, and the heads
of other appropriate Federal departments and agencies,
shall issue such regulations and guidance as are
necessary for the implementation of this subsection and
the allocation of grants and other financial assistance
under this subsection.
``(E) Administrative reservation.--
``(i) In general.--Subject to clause (ii),
the Administrator may reserve not more than 4
percent of the amount made available for grants
under this subsection for each fiscal year to
provide administrative support for the grants
and technical assistance to States and Indian
Tribes.
``(ii) Higher percentage.--If the amount
made available to provide grants under this
subsection for a fiscal year is less than
$500,000,000, the Administrator may reserve
more than 4 percent of that amount to provide
administrative support for grants and technical
assistance to States and Indian Tribes, as
determined necessary by the Administrator.
``(F) Distribution of grant amounts.--
``(i) Geographical distribution.--To the
extent practicable, the Administrator shall
ensure that amounts are distributed under this
subsection to geographically diverse locations.
``(ii) Target facilities.--
``(I) High-poverty schools.--The
Administrator shall take measures to
ensure that not less than 40 percent of
the amounts distributed under this
subsection are used to benefit local
educational agencies with the highest
numbers or percentages of students
counted under section 1124(c) of the
Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6333(c)).
``(II) Priority early childhood
settings.--The Administrator shall take
measures to ensure that not less than
10 percent of the amounts distributed
under this subsection are used to
benefit early childhood education
programs and eligible child care
providers that--
``(aa) serve a high
proportion of dual language
learners, children with
disabilities, children in
foster care, children from low-
income families, infants, or
toddlers; or
``(bb) provide child care
services during nontraditional
or extended hours.
``(iii) Tribal set-aside.--Of the amount
made available to provide grants under this
subsection for a fiscal year, the Administrator
shall reserve not less than 5 percent for
purposes of awarding grants under this
subsection, in consultation with the Director
of the Bureau of Indian Education, to Indian
Tribes for use at Tribally operated schools.
``(3) State plans.--As part of an application to receive a
grant under this subsection, a State shall include a
description of the means by which the State plans--
``(A) to ensure coordinated programmatic and
funding efforts across relevant State-level agencies,
including State educational agencies and other agencies
with expertise in environment, health, and energy;
``(B) to use the grant funds for the remediation of
any toxic substance in--
``(i) eligible facilities; and
``(ii) if applicable, educational
facilities where juveniles are incarcerated or
live as wards of the State;
``(C) to ensure the health and safety of students
and staff during the renovation or modernization of
eligible facilities; and
``(D) to give priority to using the grant funds to
improve--
``(i) eligible facilities of local
educational agencies with--
``(I) the highest numbers or
percentages of students counted under
section 1124(c) of the Elementary and
Secondary Education Act of 1965 (20
U.S.C. 6333(c)) in each State; or
``(II) if applicable, majority
Indigenous students;
``(ii) eligible facilities of early
childhood education programs and eligible child
care providers described in paragraph
(2)(F)(ii)(II); and
``(iii) eligible facilities that are in
areas--
``(I) adjacent to brownfield sites
(as defined in section 101 of the
Comprehensive Environmental Response,
Compensation, and Liability Act of 1980
(42 U.S.C. 9601)); or
``(II) in which there is a
demonstrated presence of toxic
substances.
``(4) Project labor agreements.--The recipient of
assistance from a grant provided to a State under this
subsection for a project assisted in whole or in part with the
grant with a total cost of not less than $25,000,000 shall
consent to a project labor agreement.
``(5) Wage rate requirements.--
``(A) In general.--Notwithstanding any other
provision of law, all laborers and mechanics employed
by contractors and subcontractors in the performance of
construction, alteration, repair, or maintenance work
financed in whole or in part by a grant provided to a
State under this subsection shall be paid wages at
rates not less than those prevailing on similar
construction in the locality, as determined by the
Secretary of Labor in accordance with subchapter IV of
chapter 31 of title 40, United States Code (commonly
referred to as the `Davis-Bacon Act').
``(B) Authority.--With respect to the labor
standards specified in subparagraph (A), the Secretary
of Labor shall have the authority and functions set
forth in Reorganization Plan Numbered 14 of 1950 (64
Stat. 1267; 5 U.S.C. App.) and section 3145 of title
40, United States Code.
``(6) Occupational health and safety.--Any work performed
using a grant provided to a State under this subsection shall
be governed by a written job-specific abatement plan--
``(A) containing provisions relating to--
``(i) environmental compliance;
``(ii) a health and safety plan; and
``(iii) health and safety training
requirements; and
``(B) that is stamped by a certified industrial
hygienist or similar accredited occupational health and
safety professional.
``(7) Use of american iron, steel, and manufactured
products.--
``(A) Definitions.--In this paragraph:
``(i) Manufactured product.--The term
`manufactured product' means any construction
material or end product (as those terms are
defined in part 25.003 of the Federal
Acquisition Regulation) that is not an iron or
steel product, including--
``(I) electrical components; and
``(II) non-ferrous building
materials, including aluminum,
polyvinylchloride, glass, fiber optics,
plastic, wood, masonry, rubber,
manufactured stone, any other non-
ferrous metals, and any unmanufactured
construction material.
``(ii) Produced in the united states.--The
term `produced in the United States' means the
following:
``(I) When used with respect to a
manufactured product, the product was
manufactured in the United States and
the cost of the components of that
product that were mined, produced, or
manufactured in the United States
exceeds 60 percent of the total cost of
all components of the product.
``(II) When used with respect to
iron or steel products, or an
individual component of a manufactured
product, all manufacturing processes
for those iron or steel products or
components, from the initial melting
stage through the application of
coatings, occurred in the United
States, except that the term does not
include--
``(aa) steel or iron
material or products
manufactured abroad from semi-
finished steel or iron from the
United States; or
``(bb) steel or iron
material or products
manufactured in the United
States from semi-finished steel
or iron of foreign origin.
``(B) Requirements.--A State that receives funds
under this subsection shall ensure that any iron,
steel, and manufactured products used in a project
carried out with those funds by a State or local
educational agency are produced in the United States.
``(C) Waiver authority.--
``(i) In general.--The Administrator may
waive the requirement under subparagraph (B) if
the Administrator determines that--
``(I) iron, steel, and manufactured
products produced in the United States
are not produced in a sufficient and
reasonably available quantity or are
not of a satisfactory quality; or
``(II) using iron, steel, and
manufactured products produced in the
United States will increase the cost of
the applicable overall project by more
than 25 percent.
``(ii) Publication.--Before issuing a
waiver under clause (i), the Administrator
shall publish in the Federal Register a
detailed written explanation of the waiver
determination.
``(D) Consistency with international agreements.--
This paragraph shall be applied in a manner consistent
with the obligations of the United States under
international agreements.
``(8) Workforce development.--
``(A) Definitions.--In this paragraph:
``(i) Apprenticeship utilization
requirement.--The term `apprenticeship
utilization requirement' means the use of
federally registered apprentices in accordance
with the following:
``(I) In the case of a project
advertised for bid during the period
beginning on October 1, 2024, and
ending on September 30, 2025, all
specifications shall require that not
less than 10 percent of the labor hours
be performed by federally registered
apprentices.
``(II) In the case of a project
advertised for bid during the period
beginning on October 1, 2025, and
ending on September 30, 2026, all
specifications shall require that not
less than 12 percent of the labor hours
be performed by federally registered
apprentices.
``(III) In the case of a project
advertised for bid on or after October
1, 2026, all specifications shall
require that not less than 15 percent
of the labor hours be performed by
federally registered apprentices.
``(ii) Contractor.--The term `contractor'
means a general contractor or other lead or
prime contractor on a construction project
carried out using a grant under this
subsection.
``(iii) Labor hours.--
``(I) In general.--The term `labor
hours' means the total number of hours
devoted to the performance of
construction activities (as defined in
sector 23 of the North American
Industry Classification System) with
respect to a construction project
carried out using a grant under this
subsection by employees of the
contractor and subcontractors.
``(II) Exclusions.--The term `labor
hours' excludes hours worked by a
foreman, superintendent, owner, or
other person who is--
``(aa) an employee employed
in a bona fide executive
capacity (as defined in section
541.100 of title 29, Code of
Federal Regulations (as in
effect on the date of enactment
of this subsection));
``(bb) an employee employed
in a bona fide administrative
capacity (as defined in section
541.200 of that title) (as in
effect on the date of enactment
of this subsection); or
``(cc) an employee employed
in a bona fide professional
capacity (as defined in section
541.300 of that title) (as in
effect on the date of enactment
of this subsection).
``(iv) Subcontractor.--The term
`subcontractor' means any person or company, at
any tier, that performs some or all of the
obligations of the contractor.
``(B) Requirement.--Each contractor and
subcontractor engaged in the performance of
construction, alteration, or repair work on a project
funded in whole or in part by a grant under this
subsection shall, to the maximum extent practicable,
collectively meet or exceed the apprenticeship
utilization requirement applicable to the project,
subject to the condition that the apprenticeship
utilization requirement shall comply with the
apprentice to journeyworker ratios established by the
Secretary of Labor or the applicable State
apprenticeship agency.
``(C) Participation.--Each contractor and
subcontractor who employs 4 or more workers to perform
construction activities (as defined in sector 23 of the
North American Industry Classification System) on a
project funded in whole or in part by a grant under
this subsection shall, to the maximum extent
practicable, employ 1 or more federally registered
apprentices for the purpose of meeting the
apprenticeship utilization requirement applicable to
that project.
``(D) Reporting.--
``(i) Information relating to federally
registered apprentices.--
``(I) In general.--During the
period in which a project carried out
using a grant under this subsection is
ongoing, the contractor shall include
with each payment application to the
State a report containing a description
of--
``(aa) the name and
apprentice registration or
identification number of each
federally registered apprentice
employed on the project;
``(bb) the number of
federally registered
apprentices and labor hours
worked by those apprentices on
the project, categorized by
trade or craft; and
``(cc) the number of
journey level workers and labor
hours worked by those journey
level workers on the project,
categorized by trade or craft.
``(II) Submission to secretary of
labor and administrator.--Each report
described in subclause (I) shall be
submitted to the Secretary of Labor and
the Administrator at such time and in
such manner as the Secretary of Labor
or the Administrator may prescribe by
guidance.
``(ii) Maintenance of reports and
records.--A State that receives a grant under
this subsection and each contractor and
subcontractor carrying out a project using the
grant shall maintain all reports and personnel
records relating to the requirements of this
paragraph for a period of at least 3 years
after final completion of the work for the
project.
``(iii) Submission to administrator.--
``(I) In general.--A State that
receives a grant under this subsection
and each contractor and subcontractor
carrying out a project using the grant
shall immediately submit, on request of
the Administrator, any information,
report, or record described in clauses
(i) and (ii).
``(II) Enforcement.--If the
Administrator determines that a State,
contractor, or subcontractor has failed
to submit any information, report, or
record under subclause (I), the State
shall repay to the Administrator the
amount of the applicable grant under
this subsection.
``(E) Preemption.--Nothing in this paragraph
preempts any applicable State or local law or policy
that provides for additional skilled and trained
workforce requirements on construction projects.
``(9) Federal share.--
``(A) In general.--Subject to subparagraph (B), the
Federal share of the cost of activities funded by a
grant under this subsection shall be not more than 75
percent of the total project costs during the period
for which the grant is made.
``(B) Waiver.--The Administrator may increase the
Federal share under subparagraph (A) to not more than
100 percent if the recipient of the grant funds
demonstrates that the recipient is unable to pay, or
would experience significant financial hardship if
required to pay, the non-Federal share.
``(10) Eligibility for performance partnership grants.--
Funds awarded under this subsection may be included in a
performance partnership grant in lieu of a grant under this
subsection, as the Administrator determines to be appropriate.
``(11) Grantee data collection and reporting.--A State or
an Indian Tribe that receives a grant under this subsection
shall submit to the Administrator an annual report describing--
``(A) the amount of the grant funds that were used
for the activities described in clauses (i) through
(iii) of paragraph (2)(B) during the previous year;
``(B) the amount of the grant funds that were used
for projects at high-poverty schools; and
``(C) any inspections, testing, and monitoring
performed, and remediation measures carried out, during
the previous year using the grant, including the number
of schools and the number of students that were
directly served.
``(12) Reports.--
``(A) In general.--Not later than 2 years after the
date of enactment of this subsection, and every 2 years
thereafter, the Administrator shall--
``(i) prepare a report, based on data
submitted to the Administrator under paragraph
(11), describing the results of the grant
program under this subsection, including a
description of--
``(I) the States and Indian Tribes
that were awarded a grant under this
subsection; and
``(II) the activities for which the
States and Indian Tribes described in
subclause (I) used the grant;
``(ii) submit the report to--
``(I) the Committee on Environment
and Public Works of the Senate;
``(II) the Committee on Health,
Education, Labor, and Pensions of the
Senate;
``(III) the Committee on Energy and
Commerce of the House of
Representatives; and
``(IV) the Committee on Education
and the Workforce of the House of
Representatives; and
``(iii) make the report publicly available
on the website of the Environmental Protection
Agency in each major language spoken in each
school district that has benefitted from grant
funding under this subsection.
``(B) Period covered.--A report prepared under
subparagraph (A) shall cover--
``(i) in the case of the initial report,
the period beginning on the date of enactment
of this subsection and ending on the date of
submission of the report; and
``(ii) in the case of each report
thereafter, the 2-year period preceding the
date of submission of the report.
``(13) Savings clause.--The ability of an Indian Tribe to
receive a grant under this subsection does not limit or affect
the authority of the Administrator under this title to
establish other opportunities for Indian Tribes to apply for
and receive program authorization or funding.
``(14) Authorization of appropriations.--There is
authorized to be appropriated to carry out this subsection
$5,200,000,000 for each of fiscal years 2025 through 2035.''.
(b) Clerical Amendment.--The table of contents for the Toxic
Substances Control Act (Public Law 94-469; 90 Stat. 2003) is amended by
striking the item relating to section 28 and inserting the following:
``Sec. 28. State and Tribal programs.''.
SEC. 3. REAUTHORIZATION OF HEALTHY HIGH-PERFORMANCE SCHOOLS.
(a) Grants for Healthy School Environments.--Section 501 of the
Toxic Substances Control Act (15 U.S.C. 2695) is amended to read as
follows:
``SEC. 501. GRANTS FOR HEALTHY SCHOOL ENVIRONMENTS.
``(a) Definitions.--In this section:
``(1) Early childhood education program.--The term `early
childhood education program' has the meaning given the term in
section 103 of the Higher Education Act of 1965 (20 U.S.C.
1003).
``(2) Eligible child care provider.--The term `eligible
child care provider' means a center-based child care provider
described in section 658P(6)(A) of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858n(6)(A)).
``(3) Eligible facility.--The term `eligible facility'
means--
``(A) a public school facility operated by a local
educational agency or a Tribal educational agency;
``(B) a facility operated by an early childhood
education program; and
``(C) a center-based child care facility operated
by an eligible child care provider.
``(4) Environmental concern.--The term `environmental
concern' means environmental problems, contaminants, hazardous
substances, and pollutant emissions, as described in section
504(a)(3)(A).
``(5) Indian tribe.--The term `Indian Tribe' has the
meaning given the term in section 28(a).
``(6) Local educational agency.--The term `local
educational agency' has the meaning given the term in section
8101 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801).
``(b) Authorization of Grants.--The Administrator, in consultation
with the Secretary of Education and the Secretary of Health and Human
Services, may provide grants to States and Indian Tribes for use in--
``(1) providing training and technical assistance to State
or local government staff who are involved in school
maintenance or operations or educational facilities capital
outlay projects, local educational agencies, early childhood
education programs, and eligible child care providers in
addressing environmental concerns in eligible facilities; and
``(2) the development of State and Tribal programs to
support the remediation of environmental concerns in eligible
facilities that include--
``(A) standards for the planning, design,
construction, management, and renovation of the
eligible facilities;
``(B) the identification of--
``(i) ongoing environmental problems,
including environmental concerns, in the
eligible facilities; and
``(ii) recommended solutions to address
those problems, including assessment of
information on the exposure of children,
students, and educators to environmental
hazards in eligible facilities; and
``(C) the development of State-level or Tribal
interagency memoranda of understanding for the
implementation of programs described in this paragraph.
``(c) Savings Clause.--The ability of an Indian Tribe to receive a
grant under this section does not limit or affect the authority of the
Administrator under this title to establish other opportunities for
Indian Tribes to apply for and receive program authorization or
funding.''.
(b) Public Outreach.--Section 503 of the Toxic Substances Control
Act (15 U.S.C. 2695b) is amended--
(1) in subsection (a), by striking ``, until the expiration
of authority described in section 501(b)''; and
(2) by adding at the end the following:
``(c) Outreach to States and Indian Tribes.--
``(1) Definitions.--In this section, the terms `eligible
facility', `environmental concern', and `Indian Tribe' have the
meanings given those terms in section 501(a).
``(2) Outreach.--The Administrator shall--
``(A) carry out periodic outreach to States and
Indian Tribes to make available information relating
to--
``(i) the exposure of children and students
to environmental hazards in eligible
facilities;
``(ii) regulations and guidelines
applicable to identifying, remediating, and
monitoring environmental hazards in eligible
facilities; and
``(iii) other materials that may assist
States and Indian Tribes in addressing
environmental concerns, including high-hazard
chemical products stored or used by eligible
facilities for maintenance or instruction; and
``(B) facilitate the biannual convening at the
regional or national level of school and early
childhood education program stakeholders, including
parents, child health experts, educators, researchers,
nonprofit organizations, child care providers, States,
and Indian Tribes that receive grants under sections
28(d) and 501 to meet with employees of the
Environmental Protection Agency, the Department of
Education, the Department of Health and Human Services,
and other Federal agencies to discuss topics relating
to--
``(i) the environmental health of children
and students at eligible facilities; and
``(ii) the prevention, identification,
remediation, and monitoring of contaminants in
indoor air and other environmental health risks
and threats relating to buildings and grounds
of eligible facilities.''.
(c) Environmental Health Program.--Section 504 of the Toxic
Substances Control Act (15 U.S.C. 2695c) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
inserting ``and not less frequently than once every 10
years thereafter,'' after ``section,'';
(B) in paragraph (3)(A)--
(i) by redesignating clauses (v) through
(vii) as clauses (vii) through (ix),
respectively; and
(ii) by inserting after clause (iv) the
following:
``(v) polychlorinated biphenyls;
``(vi) perfluoroalkyl and polyfluoroalkyl
substances;'';
(C) in paragraph (6), by striking ``and'' at the
end;
(D) in paragraph (7), by striking the period at the
end and inserting a semicolon; and
(E) by adding at the end the following:
``(8) provides technical assistance on best practices for
the removal, remediation, and disposal of lead, mold, asbestos,
polychlorinated biphenyls, and other hazardous substances; and
``(9) to the extent practicable, through surveys and
opportunities for self-reporting, collects and makes publicly
available an online inventory of schools affected by and onsite
locations of lead, asbestos, polychlorinated biphenyls, and
other hazardous substances''; and
(2) by striking subsection (b) and inserting the following:
``(b) Public Availability of Information.--To the maximum extent
practicable, based on data submitted to the Administrator under section
28(d)(11) and any additional data reported under section 503(a), the
Administrator shall make publicly available--
``(1) information relating to the exposure of children and
students to environmental hazards in educational facilities;
and
``(2) an inventory of educational facilities in which
hazardous substances have been found, particularly hazardous
substances with the highest prevalence and harm, such as lead,
asbestos, and polychlorinated biphenyls.''.
(d) Authorization of Appropriations.--Section 505 of the Toxic
Substances Control Act (15 U.S.C. 2695d) is amended by striking ``There
are authorized'' and all that follows through ``2013'' and inserting
``There is authorized to be appropriated to carry out this title
$10,000,000 for each of fiscal years 2025 through 2035''.
SEC. 4. GRANTS FOR INDOOR AIR AND ENVIRONMENTAL HEALTH IN EDUCATIONAL
SETTINGS.
(a) Definitions.--In this section:
(1) Eligible facility.--The term ``eligible facility'' has
the meaning given the term in section 501(a) of the Toxic
Substances Control Act (15 U.S.C. 2695(a)).
(2) Indian tribe.--The term ``Indian Tribe'' means any
federally recognized Indian Tribe.
(3) Indoor air quality.--The term ``indoor air quality''
means the chemical, biological, and physical characteristics of
air in an eligible facility that impact the health and comfort
of individuals, including sensitive and susceptible
individuals, in the eligible facility.
(4) Poor indoor air quality.--The term ``poor indoor air
quality'' means the characteristics of air in an eligible
facility that adversely impact the health and comfort of
individuals, including sensitive and susceptible individuals,
in the eligible facility, including the following
characteristics:
(A) Physical or environmental conditions, such as
temperatures and relative humidity, that are
uncomfortable to occupants.
(B) Air pollutant concentrations exceeding action
levels or mitigation recommendation levels, including
for radon, issued by the Administrator of the
Environmental Protection Agency.
(C) Characteristics resulting from the failure to
comply with standards or guidance issued by the
Assistant Secretary of Labor for Occupational Safety
and Health or the American Society of Heating,
Refrigerating and Air-Conditioning Engineers.
(D) The presence of radon, PM<INF>2.5</INF>,
PM<INF>10</INF>, asbestos, mold, biological
contaminants, chemical contaminants, environmental
tobacco smoke, secondhand smoke or aerosols, lead,
carbon monoxide, or other air pollutants, that exceed
local, State, or Federal guidance or requirements, as
applicable.
(b) Authorization of Grants.--The Administrator of the
Environmental Protection Agency, acting through the Assistant
Administrator for Air and Radiation (referred to in this section as the
``Administrator''), in consultation with relevant stakeholders, shall
establish a program under which the Administrator shall provide grants
in accordance with this section to States, territories of the United
States, Indian Tribes, and other Federal agencies that manage schools,
for the purposes of improving indoor air quality and minimizing
exposure to environmental hazards in eligible facilities that have poor
indoor air quality.
(c) Eligibility.--A State, territory, Indian Tribe, or Federal
agency described in subsection (b) shall be eligible for a grant under
this section if the State, territory, Indian Tribe, or Federal agency
submits to the Administrator an application that, as determined by the
Administrator--
(1) demonstrates sufficient State, territorial, Tribal, or
Federal authority, capacity, capability to implement a
comprehensive indoor air quality and environmental quality
management plan that includes, at a minimum--
(A) the provision of technical assistance to
eligible facilities in the development and
implementation of indoor air quality and environmental
quality plans that address impacts on indoor
environments from climate change;
(B) assessment of eligible facilities, through on-
site monitoring, site visits, or other means, of indoor
air quality and environmental quality for the purpose
of prioritizing assistance and services provided by the
State, territory, Indian Tribe, or Federal agency,
which may include collaborating with the State
educational agency, local educational agencies (as
those terms are defined in section 8101 of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801)), early childhood education programs,
eligible child care providers (as those terms are
defined in section 501(a) of the Toxic Substances
Control Act (15 U.S.C. 2695(a))), and other agencies
with expertise in environmental health and carrying out
such assessments; and
(C) the provision of information, assistance, and
services to school districts and eligible facilities
for identifying and securing financial aid or other
sources of funding necessary to mitigate identified
risks associated with poor indoor air quality or other
hazards;
(2) demonstrates community and labor engagement in the
development of the State or Tribal plan described in paragraph
(1), including--
(A) consultation with--
(i) other State, Tribal, and local
agencies;
(ii) educators and school leaders;
(iii) child care providers;
(iv) community stakeholders; and
(v) labor unions and other worker
organizations; and
(B) conducting public hearings; and
(3) meets such additional requirements as the
Administrator, in consultation with the Secretary of Education,
the Secretary of Health and Human Services, and the heads of
other appropriate Federal departments and agencies, may
establish.
(d) Use of Grant Funds.--A State, territory, Indian Tribe, or
Federal agency described in subsection (b) that receives a grant under
this section shall use the grant to implement a State, territorial,
Tribal, or agency comprehensive indoor air quality and environmental
quality management plan described in subsection (c)(1), including--
(1) the provision of statewide, territory-wide, Tribal, or
agency assistance to eligible facilities in the development or
implementation of indoor air quality and environmental quality
plans that address--
(A) causes of poor indoor air quality;
(B) mitigation measures to improve indoor air
quality; and
(C) impacts of a warmer climate on indoor air
quality;
(2) the provision of information, assistance, and services
to eligible facilities, including local educational agencies
(as defined in section 8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801)), early childhood
education programs, and eligible child care providers (as those
terms are defined in section 501(a) of the Toxic Substances
Control Act (15 U.S.C. 2695(a))), for identifying and securing
financial aid or other sources of funding necessary to identify
and mitigate risks associated with poor indoor air quality;
(3) conducting assessment and monitoring of indoor air
quality and other environmental conditions, in accordance with
Environmental Protection Agency guidance, such as the Indoor
Air Quality Tools for Schools Action Kit, as appropriate, at
eligible facilities, including installing air quality monitors
to measure common indoor air pollutants and indicators of
respiratory harms, such as radon, PM<INF>2.5</INF>, and carbon
dioxide concentrations, in classrooms and other shared spaces,
such as cafeterias and gymnasiums;
(4) ensuring current, regularly updated data from the
indoor air quality monitors described in paragraph (3) are made
available to employees of eligible facilities, students,
parents, educators, child care providers, and the general
public in real time on a publicly available website that
includes quality-controlled archived records of past
measurements;
(5) ensuring data described in paragraph (4) are available
during the school day, any before or after school programming,
and any other events at the eligible facility;
(6) the provision of training and technical assistance to
State or local government staff who are involved in school
maintenance or operations or educational facilities capital
outlay projects, on the hiring of the staff and annually
thereafter, on the maintenance and servicing of heating,
ventilation, and air quality monitoring equipment;
(7) developing programs and high-quality professional
development opportunities for educators to support student
learning on air quality monitor results;
(8) providing for existing facility and facility system
maintenance and upgrades to address poor indoor air quality,
including making available portable filtration, dehumidifiers,
and air cleaners to supplement existing heating, ventilation,
and air conditioning systems to improve indoor air quality at
eligible facilities;
(9) the provision of guidance on improving indoor air
quality, including guidance on remediating mold and using less
toxic cleaning supplies;
(10) ensuring that ventilation verification assessments and
ventilation verification reports are available to students,
parents, educators, child care providers, and the general
public in real-time on a publicly accessible website;
(11) ensuring that when concentrations of indoor air
pollutants, as measured under paragraph (3), increase, and the
classroom or other occupied space has an adjustable mechanical
ventilation system, the ventilation rate is adjusted; and
(12) ensuring that when concentrations of indoor air
pollutants, as measured under paragraph (3), increase, and the
classroom or other occupied space lacks an adjustable
mechanical ventilation system, temporary measures, such as
opening windows or doors or the use of portable filtration
devices, may be used when appropriate to attempt to improve
indoor air quality.
(e) Savings Clause.--Nothing in this section (including any
regulation issued pursuant to this section) prohibits individual
educators, State or local government staff who are involved in school
maintenance or operations or educational facilities capital outlay
projects, or groups of those educators or staff, from--
(1) using portable filtration and air cleaners; or
(2) acting on real-time data in a classroom or area to
improve ventilation or filtration, such as by opening any
available window or door, using 1 or more air cleaners, or
alerting appropriate employees of eligible facilities.
(f) Capacity Assistance.--
(1) In general.--The Administrator may provide to a State,
a territory, an Indian Tribe, or a Federal agency described in
subsection (b) that is determined under subsection (c)(1) to be
ineligible for a grant under this section financial assistance
to carry out actions necessary to develop a comprehensive
indoor air quality and environmental quality management plan
that meets the minimum eligibility requirements described in
subsection (c)(2).
(2) Public participation.--A State, a territory, an Indian
Tribe, or a Federal agency that receives financial assistance
under paragraph (1) shall provide opportunities for public
participation and stakeholder engagement in carrying out the
actions described in that paragraph.
(g) Regulations and Guidance.--The Administrator, in consultation
with the Secretary of Education, the Secretary of Health and Human
Services, and the heads of other appropriate Federal departments and
agencies, shall issue such regulations and guidance as are necessary
for the implementation of this section.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $100,000,000 for each of fiscal
years 2025 through 2035.
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