[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5123 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 5123
To authorize a national program to reduce the threat to human health
posed by exposure to indoor air contaminants, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 3, 2025
Mr. Tonko (for himself and Mr. Fitzpatrick) introduced the following
bill; which was referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To authorize a national program to reduce the threat to human health
posed by exposure to indoor air contaminants, 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 ``Indoor Air Quality and Healthy
Schools Act of 2025''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Covered childcare facility.--The term ``covered
childcare facility'' means a facility used by an early
childhood education program.
(3) Early childhood education program.--The term ``early
childhood education program'' has the meaning given to that
term in section 103 of the Higher Education Act of 1965 (20
U.S.C. 1003).
(4) Indoor.--The term ``indoor'' means the enclosed
portions of buildings, including nonindustrial workplaces,
public buildings, Federal buildings, schools, childcare
facilities, commercial buildings, and residences.
(5) Indoor air contaminant.--The term ``indoor air
contaminant'' means any solid, liquid, semisolid, dissolved
solid, biogenic agent, aerosol, or gaseous material, including
combinations or mixtures of substances, in indoor air which may
reasonably be anticipated to have an adverse effect on human
health.
(6) Indoor contaminant of concern.--The term ``indoor
contaminant of concern'' means an indoor air contaminant that--
(A) is among the most commonly occurring and poses
a risk to human health; or
(B) is less commonly occurring and poses a
significant risk to human health.
(7) Local educational agency.--The term ``local educational
agency'' means--
(A) a local educational agency (as defined in
section 8101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801)); or
(B) a Tribal education agency (as the term ``tribal
education agency'' is defined in section 3 of the
National Environmental Education Act (20 U.S.C. 5502)).
(8) State.--The term ``State'' includes each of the several
States, the District of Columbia, Puerto Rico, the Virgin
Islands, Guam, American Samoa, and the Commonwealth of the
Northern Mariana Islands.
SEC. 3. INDOOR AIR QUALITY PROGRAM.
(a) In General.--The Administrator shall carry out a program to
support the assessment, reduction, and avoidance of exposure to indoor
air contaminants to reduce risks to human health.
(b) Responsibilities.--In carrying out the program under subsection
(a), the Administrator shall support the assessment, reduction, and
avoidance of exposure to indoor air contaminants to reduce risks to
human health, including by--
(1) carrying out research, development, and demonstration
activities pursuant to the Radon Gas and Indoor Air Quality
Research Act of 1986 (42 U.S.C. 7401 note);
(2) listing indoor contaminants of concern, and publishing
guidelines for such indoor contaminants of concern, under
section 4;
(3) providing training, education, outreach, and technical
assistance to identify, eliminate, or reduce indoor air
contaminants, including by effective monitoring, source
control, ventilation, and filtration practices;
(4) providing training, education, outreach, and technical
assistance to support the monitoring of humidity levels and the
inspection, testing, prevention, and remediation of mold;
(5) carrying out or recognizing voluntary certifications to
identify and promote buildings that are most effective at
preventing or minimizing risks to health from indoor air
contaminants under section 7;
(6) supporting efforts to improve indoor air quality in
buildings used by local educational agencies and covered
childcare facilities under section 9;
(7) ensuring effective consultation and coordination among
Federal agencies in carrying out programs related to indoor air
quality, including the Department of Labor, the Department of
Energy, the Centers for Disease Control and Prevention, the
Occupational Safety and Health Administration, the National
Institute for Occupational Safety and Health, the Department of
Housing and Urban Development, the Department of Health and
Human Services, the Department of Education, the Department of
Defense, the Federal Emergency Management Agency, the Consumer
Product Safety Commission, and other appropriate agencies
carrying out programs related to indoor air quality;
(8) supporting State, local, and Tribal governments, local
educational agencies, housing authorities, and other entities
to develop and implement indoor air quality management
strategies, educational campaigns, assessments, guidelines,
standards, and response programs;
(9) providing information, guidance, and assistance to the
public, including building owners and occupants, on--
(A) health-related risks of exposure to indoor air
contaminants; and
(B) effective measures and programs for reducing or
avoiding exposure to indoor air contaminants;
(10) supporting development and adoption of standardized
methods, techniques, minimum product requirements, and
protocols for assessing, measuring, and sampling indoor air to
determine the presence and concentrations of indoor air
contaminants;
(11) supporting development and adoption of control
technologies, building design criteria, and management
practices to prevent the entrance of contaminants into
buildings and to reduce or mitigate emissions from indoor
sources;
(12) assessing the effectiveness of methods, techniques,
protocols, response plans, products, and technologies to reduce
or avoid exposure to indoor air contaminants;
(13) supporting the development and adoption of model
provisions, to be incorporated into building codes for various
types of buildings, designed to improve indoor air quality
while taking into account comfort, safety, and energy
conservation goals;
(14) supporting development and adoption of control
technologies, building design criteria, and management
practices to improve indoor air quality and building resilience
against the impacts of more frequent extreme weather events and
other consequences of climate change; and
(15) ensuring consideration of disadvantaged communities
and individuals in carrying out such program, including by
providing access to financial assistance, technical assistance,
and other offerings developed pursuant to this Act for all
people regardless of income, race, color, gender, national
origin, Tribal affiliation, or disability.
SEC. 4. GUIDELINES FOR INDOOR CONTAMINANTS OF CONCERN.
(a) List.--
(1) In general.--The Administrator shall establish and
maintain a list of indoor contaminants of concern.
(2) Contents.--The list under paragraph (1) may--
(A) include combinations or mixtures of
contaminants; and
(B) refer to such combinations or mixtures by a
common name.
(3) Initial list.--Not later than 5 years after the date of
enactment of this Act, the Administrator shall establish the
initial list under paragraph (1).
(b) Minimum Contaminants on Initial List.--At a minimum, the
initial list established under subsection (a) shall include--
(1) particulate matter;
(2) carbon monoxide;
(3) nitrogen dioxide;
(4) ozone;
(5) formaldehyde; and
(6) radon.
(c) Indoor Air Quality Guidelines.--
(1) In general.--The Administrator shall publish science-
based, voluntary guidelines for each indoor contaminant of
concern listed under subsection (a).
(2) Guideline components.--A guideline published under this
subsection shall--
(A) include information and a range of
recommendations for operation and maintenance of
existing buildings, the design and construction of new
buildings, building renovation, and such other
activities as are necessary to identify, and reduce or
prevent exposure to, the indoor contaminant of concern
listed under subsection (a);
(B) be designed to achieve significant risk
reduction;
(C) be technologically achievable and readily
implementable;
(D) take into consideration safety, energy, and
other relevant factors;
(E) include an assessment of effectiveness and
cost; and
(F) be based on available research and expertise.
(3) Concentration limits.--
(A) In general.--Each guideline published under
this subsection shall, upon the Administrator making a
determination that sufficient scientific evidence
exists, include a recommended health-based limit on
concentration levels of indoor contaminants of concern.
(B) Best available science; lowest level of
exposure.--A limit under subparagraph (A)--
(i) shall be based on the best available
science; and
(ii) may include a range that includes--
(I) a concentration level at which
a healthy adult should take action to
reduce exposure; and
(II) a concentration level at which
there is evidence of adverse human
health effects in susceptible
subpopulations, such as infants,
children, pregnant women, workers, and
the elderly.
(C) Insufficient evidence.--If the Administrator
determines insufficient evidence exists to set a
health-based concentration limit for an indoor
contaminant of concern listed under subsection (a), the
Administrator shall publish a report not later than 1
year after making such determination, which shall
identify--
(i) studies and other activities to be
taken to develop the evidence necessary to set
a health-based concentration limit; and
(ii) resources necessary to carry out
activities under clause (i).
(D) Interim guidelines.--While the Administrator
develops sufficient scientific evidence to set a
recommended health-based concentration limit for an
indoor contaminant of concern under subparagraph (A),
the Administrator shall publish interim guidelines,
which shall include best practices to reduce exposure
to such indoor contaminant of concern.
(d) Review and Revision.--Not less than every five years, the
Administrator shall review and, as necessary, revise--
(1) the list of indoor contaminants of concern under
subsection (a); and
(2) the guidelines published under subsection (c).
(e) Consultation.--In developing, reviewing, and revising the
guidelines published under subsection (c), the Administrator shall
consult with representatives from non-profit, professional, private
sector, governmental, and labor organizations, and individuals, having
demonstrated expertise in indoor air quality, public health, building
systems, industrial hygiene, environmental engineering, toxicology, and
environmental health and safety.
(f) Consistency With Indoor Air Regulations of Other Federal
Agencies.--
(1) Labor.--
(A) Consistency with certain regulations.--The
Administrator shall, after consultation with the
Secretary of Labor, ensure that the guidelines
published under subsection (c) are consistent with any
Federal workplace regulations addressing indoor air
quality risks.
(B) Additional voluntary actions.--Notwithstanding
subparagraph (A), the guidelines published under
subsection (c) may recommend additional voluntary
actions to protect persons other than workers covered
by such guidelines from indoor contaminants of concern
listed under subsection (a).
(2) Energy.--The Administrator shall, after consultation
with the Secretary of Energy, ensure that the guidelines
published under subsection (c) are consistent with applicable
energy conservation and efficiency statutes and regulations
administered by the Secretary.
SEC. 5. INDOOR AIR QUALITY INDEX.
(a) In General.--The Administrator shall seek to enter, not later
than 1 year after the date of enactment of this Act, into an agreement
with the National Academy of Sciences under which the Academy agrees to
conduct a study to assess the feasibility of developing a science-based
indoor air quality index aimed at informing action for the protection
of public health.
(b) Report.--Not later than 2 years after entering into an
agreement with the Administrator under subsection (a), the Academy
shall submit to the Congress and the Administrator a report, which
shall--
(1) make recommendations to support the development of an
indoor air quality index while ensuring that such proposed
index--
(A) communicates to the public in clear and simple
terms the level of concern and description of indoor
air quality;
(B) considers health risks for certain sensitive
groups of people;
(C) addresses the feasibility of assessing indoor
air quality through low-cost, real-time sensors and
monitoring equipment; and
(D) allows for updates to account for developments
in science and harmonization with indoor air quality
guidelines developed under section 4;
(2) proposes methodologies, inputs, measurements,
techniques, and equations to calculate a science-based
assessment of indoor air quality; and
(3) identifies limitations and challenges to the
development of an indoor air quality index.
(c) Authorization of Appropriations.--There is authorized to be
appropriated $1,000,000, to remain available until expended, to carry
out this section.
SEC. 6. INDOOR AIR QUALITY ASSISTANCE.
(a) In General.--The Administrator may provide technical assistance
and financial assistance, which may include grants, to State, local,
and Tribal governments, local educational agencies, housing
authorities, nonprofit organizations, labor organizations, and other
persons to develop and implement programs to assess and improve indoor
air quality.
(b) Use of Funds.--Financial assistance awarded under this section
shall be used to support one or more of the following:
(1) The development and implementation of educational
programs, training and technical assistance programs,
assessment and monitoring programs, benchmarking programs,
response programs, and other activities designed to reduce
human exposure to indoor air contaminants.
(2) Mitigation of health risks from indoor air contaminants
due to more frequent extreme weather events and other
consequences of climate change.
(3) Adoption or adaptation by State, local, and Tribal
governments of indoor air quality guidelines published pursuant
to section 4, or development and adoption of indoor air quality
standards based on such guidelines, including development of
assessment and compliance programs needed to implement such
standards.
(c) Matching Requirement.--The Federal share of the cost of the
activities for which financial assistance is awarded under this section
shall not exceed 75 percent of the total cost of such activities.
SEC. 7. HEALTHY BUILDING CERTIFICATIONS.
(a) In General.--The Administrator shall provide for one or more
types of voluntary certifications of buildings that are built,
operated, and maintained to prevent or minimize risks to health from
indoor air contaminants in an exemplary manner.
(b) Requirements.--For a building to be certified under this
section, the owner or operator of the building--
(1) shall adhere to applicable guidelines published by the
Administrator pursuant to section 4; and
(2) shall develop and maintain an indoor air quality
management plan in accordance with best practices developed or
approved by the Administrator.
(c) Consideration.--A certification process under subsection (a)
may recognize actions taken by the owners and operators of existing
buildings to improve indoor air quality using the most effective source
control, air filtration, ventilation, and other best practices,
techniques, and products.
(d) Option for Third-Party Administration.--The Administrator may--
(1) carry out a certification process under subsection (a)
directly; or
(2) recognize one or more certification processes under
subsection (a) that are developed and administered through a
third party.
SEC. 8. MODEL PROVISIONS FOR BUILDING DESIGN, OPERATION, AND
MAINTENANCE.
(a) Model Provisions for Authorities Having Jurisdiction.--Not
later than 1 year after the date of enactment of this Act, the
Administrator shall recommend one or more model provisions for building
design, operation, and maintenance for use by States and local
jurisdictions in establishing and implementing building codes.
(b) Components of Model Provisions.--The model provisions
recommended under this section shall--
(1) establish minimum requirements that address
ventilation, filtration, air cleaning, and design, operation,
and maintenance of relevant building systems (including
equipment, filtration, and controls); and
(2) address acceptable indoor air quality and may include
control of infectious aerosols and indoor contaminants of
concern.
(c) Consideration of Model Provisions.--In accordance with section
12(d) of the National Technology Transfer and Advancement Act of 1995
(15 U.S.C. 272 note), the Administrator shall consider technical
standards that are developed or adopted by voluntary consensus
standards bodies in the development of recommendations under this
section.
(d) Consultation.--In recommending model provisions under this
section, the Administrator shall consult with organizations, including
non-profit, professional, private sector, governmental, and labor
organizations, having demonstrated expertise in building systems and
indoor air quality, public health, indoor chemistry, building codes and
standards, and above-code building programs.
(e) No Conflict With Model Energy Code or Standard.--The
Administrator shall consult with the Secretary of Energy to ensure that
model provisions recommended under this section do not conflict with a
model energy code or standard for which the Secretary has made an
affirmative determination under section 304 of the Energy Conservation
and Production Act, provided that such recommended model provisions may
be additive and more stringent than related provisions of the model
energy code or standard.
(f) Review and Revision.--The Administrator shall, not less than
once every three years, review and revise (as necessary), in accordance
with this section, the recommendations for model provisions developed
under this section.
(g) Cost and Benefit.--Not less than 12 months following a
recommendation for model provisions under this section, the
Administrator shall determine the incremental costs and the 30-year
health benefits associated with compliance with the model provisions
for new single-family homes, multifamily dwelling units, and a
representative set of commercial building prototypes.
SEC. 9. HEALTHY SCHOOLS.
(a) Assessment of Schools and Covered Childcare Facilities.--
(1) In general.--The Administrator shall conduct a national
assessment of indoor air quality in buildings used by local
educational agencies and covered childcare facilities.
(2) Assessment contents.--The national assessment under
this section, including updates thereto--
(A) shall include data and metrics, as determined
appropriate by the Administrator, to track progress in,
and challenges to, improving the indoor air quality in
buildings used by local educational agencies and
covered child care facilities;
(B) shall assess whether buildings used by local
educational agencies and covered childcare facilities
achieve acceptable indoor air quality by meeting
minimum ventilation rate requirements and other factors
as set forth by widely recognized best practices and
standards, as determined appropriate by the
Administrator, such as ANSI/ASHRAE Standard 62.1-2022,
Ventilation and Acceptable Indoor Air Quality; and
(C) may be conducted through a survey, an onsite
representative sampling of buildings (accounting for
geography and building size, type, and age), or other
methods or combination of methods determined
appropriate by the Administrator to accurately assess
the condition of buildings used by local educational
agencies and covered childcare facilities throughout
the United States.
(3) Advisory group.--
(A) Establishment.--The Administrator shall
establish an advisory group to provide guidance and
direction in the development of the initial national
assessment under this subsection.
(B) Members.--The advisory group under subparagraph
(A) shall include representatives of--
(i) school administrators, teachers,
maintenance staff, and other people working in
buildings described in paragraph (1), labor
organizations, childcare providers, and parents
and caregivers; and
(ii) other interested parties, including
scientific and technical experts familiar with
indoor air contaminant exposures, effects, and
controls.
(4) Initial assessment; updates.--
(A) Initial assessment.--Not later than 3 years
after the date of enactment of this Act, the
Administrator shall conduct the initial national
assessment under paragraph (1).
(B) Updates.--Not less than five years following
the completion of the initial national assessment under
subparagraph (A), and each five years thereafter, the
Administrator shall carry out an update of the previous
national assessment under this subsection, accounting
for--
(i) the number of schools certified
pursuant to subsection (c); and
(ii) changes in the guidelines, best
practices, and other support published by the
Administrator to improve indoor air quality.
(5) Reports to congress.--Upon completing each national
assessment under this subsection, the Administrator shall--
(A) submit to the Congress a report on the results
of such assessment; and
(B) include in each such report such
recommendations as the Administrator determines to be
appropriate for activities or programs to reduce and
avoid indoor air contaminants in buildings used by
local educational agencies and covered childcare
facilities.
(b) Technical Assistance and Other Support.--
(1) In general.--The Administrator shall develop and
promote guidance, best practices, technical assistance,
training, outreach, and other support to improve indoor air
quality in buildings used by a local educational agency or a
covered childcare facility.
(2) Considerations.--The Administrator shall tailor
guidance, best practices, technical assistance, training,
outreach, and other support under paragraph (1) to the needs
of--
(A) students;
(B) parents and caregivers;
(C) educators;
(D) childcare providers;
(E) maintenance staff and other employees
responsible for operating and maintaining buildings
referred to in paragraph (1);
(F) Indian Tribes; and
(G) low-income and disadvantaged communities.
(c) Healthy School Certification.--The Administrator shall ensure
that at least one type of certification carried out or recognized
pursuant to section 7 is applicable to buildings used by local
educational agencies and covered childcare facilities.
(d) Interagency Coordination.--The Administrator shall coordinate
with the Secretary of Education, the Secretary of Energy, the Secretary
of Health and Human Services, the Secretary of Labor, and the heads of
other relevant Federal agencies, to ensure that any Federal assistance
made available to local educational agencies or covered childcare
facilities for building construction, alteration, repair, and
maintenance is consistent with any guidance and best practices
developed by the Administrator under this Act.
SEC. 10. RELATION TO OTHER LAW.
(a) General Authority.--Nothing in this Act shall be construed,
interpreted, or applied to preempt, displace, or supplant any other
State or Federal law, whether statutory or common, or any local
ordinance.
(b) Occupational Safety and Health.--In exercising any authority
under this Act, the Administrator shall not, for purposes of section
4(b)(1) of the Occupational Safety and Health Act of 1970 (29 U.S.C.
653(b)(1)), be considered to be exercising statutory authority to
prescribe or enforce standards or regulations affecting occupational
safety or health.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $100,000,000 for each of
fiscal years 2026 through 2030 to carry out this Act (other than
section 5).
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