II 

118TH CONGRESS 

2D SESSION S. 5363 

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 SENATE OF THE UNITED STATES 

NOVEMBER 20, 2024 

Mr. MARKEY (for himself, Ms. SMITH, Mr. VAN HOLLEN, Mr. SANDERS, Mr. 

BLUMENTHAL, Ms. WARREN, and Mr. BOOKER) introduced the following 

bill; which was read twice and referred to the Committee on Environment 

and Public Works 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Get Toxic Substances 

5 Out of Schools Act of 2024’’. 


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1 SEC. 2. GRANTS FOR TOXIC SUBSTANCES REMEDIATION IN 

2 SCHOOLS. 

3 (a) IN GENERAL.—Section 28 of the Toxic Sub4 stances Control Act (15 U.S.C. 2627) is amended— 

5 (1) in the section heading, by inserting ‘‘AND

6 TRIBAL’’ after ‘‘STATE’’; 

7 (2) in subsection (a)— 

8 (A) by striking the subsection heading and 

9 inserting ‘‘GRANTS FOR STATE AND TRIBAL

10 PROGRAMS.—’’; 

11 (B) in the first sentence— 

12 (i) by inserting ‘‘and Indian Tribes’’ 

13 after ‘‘grants to States’’; and 

14 (ii) by inserting ‘‘during the 24-month 

15 period beginning on the date on which the 

16 grant is made’’ after ‘‘elimination’’; and 

17 (C) in the second sentence, by inserting 

18 ‘‘or Tribal’’ after ‘‘State’’; 

19 (3) in subsection (b)(1)— 

20 (A) by striking ‘‘subsection (a)’’ each place 

21 it appears and inserting ‘‘subsection (b) or 

22 (d)’’; and 

23 (B) in subparagraph (B), by inserting ‘‘or 

24 Indian Tribe’’ after ‘‘State’’; 

25 (4) by redesignating subsections (a) and (b) as 

26 subsections (b) and (c), respectively; 


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1 (5) by inserting before subsection (b) (as so re2 designated) the following: 

3 ‘‘(a) DEFINITION OF INDIAN TRIBE.—In this section, 

4 the term ‘Indian Tribe’ means the governing body of any 

5 Indian or Alaska Native tribe, band, nation, pueblo, vil6 lage, community, component band, or component reserva7 tion individually identified (including parenthetically) on 

8 the list published by the Secretary of the Interior under 

9 section 104 of the Federally Recognized Indian Tribe List 

10 Act of 1994 (25 U.S.C. 5131).’’; and 

11 (6) by adding at the end the following: 

12 ‘‘(d) GRANTS FOR TOXIC SUBSTANCES REMEDI13 ATION IN SCHOOLS.— 

14 ‘‘(1) DEFINITIONS.—In this subsection: 

15 ‘‘(A) EARLY CHILDHOOD EDUCATION PRO16 GRAM.—The term ‘early childhood education 

17 program’ has the meaning given the term in 

18 section 103 of the Higher Education Act of 

19 1965 (20 U.S.C. 1003). 

20 ‘‘(B) ELIGIBLE CHILD CARE PROVIDER.— 

21 The term ‘eligible child care provider’ means a 

22 center-based child care provider described in 

23 section 658P(6)(A) of the Child Care and De24 velopment Block Grant Act of 1990 (42 U.S.C. 

25 9858n(6)(A)). 


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1 ‘‘(C) ELIGIBLE FACILITY.—The term ‘eli2 gible facility’ means— 

3 ‘‘(i) a public school facility operated 

4 by a local educational agency or a Federal 

5 agency; 

6 ‘‘(ii) a facility operated by an early 

7 childhood education program; 

8 ‘‘(iii) a center-based child care facility 

9 operated by an eligible child care provider; 

10 and 

11 ‘‘(iv) if applicable, an educational fa12 cility where juveniles are incarcerated or 

13 live as wards of the State. 

14 ‘‘(D) ENVIRONMENTAL CONCERN.—The 

15 term ‘environmental concern’ means environ16 mental problems, contaminants, hazardous sub17 stances, and pollutant emissions, as described 

18 in section 504(a)(3)(A). 

19 ‘‘(E) LOCAL EDUCATIONAL AGENCY; STATE

20 EDUCATIONAL AGENCY.—The terms ‘local edu21 cational agency’ and ‘State educational agency’ 

22 have the meanings given those terms in section 

23 8101 of the Elementary and Secondary Edu24 cation Act of 1965 (20 U.S.C. 7801). 

25 ‘‘(2) AUTHORIZATION OF GRANTS.— 


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1 ‘‘(A) IN GENERAL.—Without regard to the 

2 ability or likelihood of the Administrator to take 

3 action under any other provision of this Act as 

4 described in subsection (b), the Administrator, 

5 in consultation with the Secretary of Education 

6 and the Secretary of Health and Human Serv7 ices and in partnership with the Secretary of 

8 Labor with respect to the enforcement of appli9 cable labor standards, may provide grants in 

10 accordance with this subsection to States and 

11 Indian Tribes for the purposes of identifying, 

12 preventing, and eliminating risks associated 

13 with the presence of an environmental concern 

14 in eligible facilities. 

15 ‘‘(B) USE OF GRANTS.—A State or an In16 dian Tribe that receives a grant under this sub17 section shall use the grant funds directly, or 

18 provide the grant funds to a local educational 

19 agency, an early childhood education program, 

20 or an eligible child care provider, for use in— 

21 ‘‘(i) performing inspections, testing, 

22 assessments, and monitoring for environ23 mental concerns in eligible facilities, in24 cluding— 


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1 ‘‘(I) toxic substances within 

2 building facilities, such as lead, asbes3 tos, and polychlorinated biphenyls; 

4 and 

5 ‘‘(II) toxic substances stored or 

6 used in the facilities for maintenance, 

7 cleaning, or instruction; 

8 ‘‘(ii) carrying out remediation meas9 ures in the eligible facilities, including con10 struction, alteration, and repair of eligible 

11 facilities, for the purpose of the removal 

12 and disposal of environmental concerns 

13 and toxic substances described in clause (i) 

14 or making facility improvements for heat15 ing, ventilation, and air conditioning sys16 tems; and 

17 ‘‘(iii) training and technical assistance 

18 for State or local government staff, includ19 ing school employees, who are involved in 

20 school maintenance or operations or edu21 cational facilities capital outlay projects, on 

22 the best practices for improving environ23 mental quality, including minimizing 

24 health risks posed by polychlorinated 

25 biphenyls, asbestos, lead in paint, molds, 


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1 the use and storage of chemicals, pes2 ticides, and disinfectants, and other haz3 ards. 

4 ‘‘(C) STATE AND TRIBAL CAPACITY

5 GRANTS.—The Administrator may provide fi6 nancial assistance to a State or an Indian Tribe 

7 that is eligible to receive assistance under sub8 paragraph (A) for the purpose of— 

9 ‘‘(i) including public participation and 

10 stakeholder engagement in carrying out ac11 tivities using a grant received under that 

12 subparagraph; or 

13 ‘‘(ii) supporting collaborations be14 tween a State educational agency, local 

15 educational agencies, early childhood edu16 cation programs, eligible child care pro17 viders, and other agencies with expertise in 

18 environmental health to improve the envi19 ronmental quality in education settings, in20 cluding minimizing health risks posed by 

21 polychlorinated biphenyls, asbestos, lead in 

22 paint, molds, the use and storage of chemi23 cals, pesticides, and disinfectants, and 

24 other hazards. 


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1 ‘‘(D) REGULATIONS AND GUIDANCE.—The 

2 Administrator, in consultation with the Sec3 retary of Education, the Secretary of Health 

4 and Human Services, and the heads of other 

5 appropriate Federal departments and agencies, 

6 shall issue such regulations and guidance as are 

7 necessary for the implementation of this sub8 section and the allocation of grants and other 

9 financial assistance under this subsection. 

10 ‘‘(E) ADMINISTRATIVE RESERVATION.— 

11 ‘‘(i) IN GENERAL.—Subject to clause 

12 (ii), the Administrator may reserve not 

13 more than 4 percent of the amount made 

14 available for grants under this subsection 

15 for each fiscal year to provide administra16 tive support for the grants and technical 

17 assistance to States and Indian Tribes. 

18 ‘‘(ii) HIGHER PERCENTAGE.—If the 

19 amount made available to provide grants 

20 under this subsection for a fiscal year is 

21 less than $500,000,000, the Administrator 

22 may reserve more than 4 percent of that 

23 amount to provide administrative support 

24 for grants and technical assistance to 


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1 States and Indian Tribes, as determined 

2 necessary by the Administrator. 

3 ‘‘(F) DISTRIBUTION OF GRANT

4 AMOUNTS.— 

5 ‘‘(i) GEOGRAPHICAL DISTRIBUTION.— 

6 To the extent practicable, the Adminis7 trator shall ensure that amounts are dis8 tributed under this subsection to geo9 graphically diverse locations. 

10 ‘‘(ii) TARGET FACILITIES.— 

11 ‘‘(I) HIGH-POVERTY SCHOOLS.— 

12 The Administrator shall take meas13 ures to ensure that not less than 40 

14 percent of the amounts distributed 

15 under this subsection are used to ben16 efit local educational agencies with the 

17 highest numbers or percentages of 

18 students counted under section 

19 1124(c) of the Elementary and Sec20 ondary Education Act of 1965 (20 

21 U.S.C. 6333(c)). 

22 ‘‘(II) PRIORITY EARLY CHILD23 HOOD SETTINGS.—The Administrator 

24 shall take measures to ensure that not 

25 less than 10 percent of the amounts 


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1 distributed under this subsection are 

2 used to benefit early childhood edu3 cation programs and eligible child 

4 care providers that— 

5 ‘‘(aa) serve a high propor6 tion of dual language learners, 

7 children with disabilities, children 

8 in foster care, children from low9 income families, infants, or tod10 dlers; or 

11 ‘‘(bb) provide child care 

12 services during nontraditional or 

13 extended hours. 

14 ‘‘(iii) TRIBAL SET-ASIDE.—Of the 

15 amount made available to provide grants 

16 under this subsection for a fiscal year, the 

17 Administrator shall reserve not less than 5 

18 percent for purposes of awarding grants 

19 under this subsection, in consultation with 

20 the Director of the Bureau of Indian Edu21 cation, to Indian Tribes for use at Tribally 

22 operated schools. 

23 ‘‘(3) STATE PLANS.—As part of an application 

24 to receive a grant under this subsection, a State 


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1 shall include a description of the means by which the 

2 State plans— 

3 ‘‘(A) to ensure coordinated programmatic 

4 and funding efforts across relevant State-level 

5 agencies, including State educational agencies 

6 and other agencies with expertise in environ7 ment, health, and energy; 

8 ‘‘(B) to use the grant funds for the reme9 diation of any toxic substance in— 

10 ‘‘(i) eligible facilities; and 

11 ‘‘(ii) if applicable, educational facili12 ties where juveniles are incarcerated or live 

13 as wards of the State; 

14 ‘‘(C) to ensure the health and safety of 

15 students and staff during the renovation or 

16 modernization of eligible facilities; and 

17 ‘‘(D) to give priority to using the grant 

18 funds to improve— 

19 ‘‘(i) eligible facilities of local edu20 cational agencies with— 

21 ‘‘(I) the highest numbers or per22 centages of students counted under 

23 section 1124(c) of the Elementary and 

24 Secondary Education Act of 1965 (20 

25 U.S.C. 6333(c)) in each State; or 


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1 ‘‘(II) if applicable, majority In2 digenous students; 

3 ‘‘(ii) eligible facilities of early child4 hood education programs and eligible child 

5 care providers described in paragraph 

6 (2)(F)(ii)(II); and 

7 ‘‘(iii) eligible facilities that are in 

8 areas— 

9 ‘‘(I) adjacent to brownfield sites 

10 (as defined in section 101 of the Com11 prehensive Environmental Response, 

12 Compensation, and Liability Act of 

13 1980 (42 U.S.C. 9601)); or 

14 ‘‘(II) in which there is a dem15 onstrated presence of toxic sub16 stances. 

17 ‘‘(4) PROJECT LABOR AGREEMENTS.—The re18 cipient of assistance from a grant provided to a 

19 State under this subsection for a project assisted in 

20 whole or in part with the grant with a total cost of 

21 not less than $25,000,000 shall consent to a project 

22 labor agreement. 

23 ‘‘(5) WAGE RATE REQUIREMENTS.— 

24 ‘‘(A) IN GENERAL.—Notwithstanding any 

25 other provision of law, all laborers and mechanVerDate Sep 11 2014 00:32 Nov 26, 2024 Jkt 059200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S5363.IS S5363

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1 ics employed by contractors and subcontractors 

2 in the performance of construction, alteration, 

3 repair, or maintenance work financed in whole 

4 or in part by a grant provided to a State under 

5 this subsection shall be paid wages at rates not 

6 less than those prevailing on similar construc7 tion in the locality, as determined by the Sec8 retary of Labor in accordance with subchapter 

9 IV of chapter 31 of title 40, United States Code 

10 (commonly referred to as the ‘Davis-Bacon 

11 Act’). 

12 ‘‘(B) AUTHORITY.—With respect to the 

13 labor standards specified in subparagraph (A), 

14 the Secretary of Labor shall have the authority 

15 and functions set forth in Reorganization Plan 

16 Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. 

17 App.) and section 3145 of title 40, United 

18 States Code. 

19 ‘‘(6) OCCUPATIONAL HEALTH AND SAFETY.— 

20 Any work performed using a grant provided to a 

21 State under this subsection shall be governed by a 

22 written job-specific abatement plan— 

23 ‘‘(A) containing provisions relating to— 

24 ‘‘(i) environmental compliance; 

25 ‘‘(ii) a health and safety plan; and 


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1 ‘‘(iii) health and safety training re2 quirements; and 

3 ‘‘(B) that is stamped by a certified indus4 trial hygienist or similar accredited occupational 

5 health and safety professional. 

6 ‘‘(7) USE OF AMERICAN IRON, STEEL, AND

7 MANUFACTURED PRODUCTS.— 

8 ‘‘(A) DEFINITIONS.—In this paragraph: 

9 ‘‘(i) MANUFACTURED PRODUCT.—The 

10 term ‘manufactured product’ means any 

11 construction material or end product (as 

12 those terms are defined in part 25.003 of 

13 the Federal Acquisition Regulation) that is 

14 not an iron or steel product, including— 

15 ‘‘(I) electrical components; and 

16 ‘‘(II) non-ferrous building mate17 rials, including aluminum, 

18 polyvinylchloride, glass, fiber optics, 

19 plastic, wood, masonry, rubber, manu20 factured stone, any other non-ferrous 

21 metals, and any unmanufactured con22 struction material. 

23 ‘‘(ii) PRODUCED IN THE UNITED

24 STATES.—The term ‘produced in the 

25 United States’ means the following: 


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1 ‘‘(I) When used with respect to a 

2 manufactured product, the product 

3 was manufactured in the United 

4 States and the cost of the components 

5 of that product that were mined, pro6 duced, or manufactured in the United 

7 States exceeds 60 percent of the total 

8 cost of all components of the product. 

9 ‘‘(II) When used with respect to 

10 iron or steel products, or an individual 

11 component of a manufactured prod12 uct, all manufacturing processes for 

13 those iron or steel products or compo14 nents, from the initial melting stage 

15 through the application of coatings, 

16 occurred in the United States, except 

17 that the term does not include— 

18 ‘‘(aa) steel or iron material 

19 or products manufactured abroad 

20 from semi-finished steel or iron 

21 from the United States; or 

22 ‘‘(bb) steel or iron material 

23 or products manufactured in the 

24 United States from semi-finished 

25 steel or iron of foreign origin. 


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1 ‘‘(B) REQUIREMENTS.—A State that re2 ceives funds under this subsection shall ensure 

3 that any iron, steel, and manufactured products 

4 used in a project carried out with those funds 

5 by a State or local educational agency are pro6 duced in the United States. 

7 ‘‘(C) WAIVER AUTHORITY.— 

8 ‘‘(i) IN GENERAL.—The Administrator 

9 may waive the requirement under subpara10 graph (B) if the Administrator determines 

11 that— 

12 ‘‘(I) iron, steel, and manufac13 tured products produced in the United 

14 States are not produced in a sufficient 

15 and reasonably available quantity or 

16 are not of a satisfactory quality; or 

17 ‘‘(II) using iron, steel, and manu18 factured products produced in the 

19 United States will increase the cost of 

20 the applicable overall project by more 

21 than 25 percent. 

22 ‘‘(ii) PUBLICATION.—Before issuing a 

23 waiver under clause (i), the Administrator 

24 shall publish in the Federal Register a deVerDate Sep 11 2014 00:32 Nov 26, 2024 Jkt 059200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S5363.IS S5363

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1 tailed written explanation of the waiver de2 termination. 

3 ‘‘(D) CONSISTENCY WITH INTERNATIONAL

4 AGREEMENTS.—This paragraph shall be applied 

5 in a manner consistent with the obligations of 

6 the United States under international agree7 ments. 

8 ‘‘(8) WORKFORCE DEVELOPMENT.— 

9 ‘‘(A) DEFINITIONS.—In this paragraph: 

10 ‘‘(i) APPRENTICESHIP UTILIZATION

11 REQUIREMENT.—The term ‘apprenticeship 

12 utilization requirement’ means the use of 

13 federally registered apprentices in accord14 ance with the following: 

15 ‘‘(I) In the case of a project ad16 vertised for bid during the period be17 ginning on October 1, 2024, and end18 ing on September 30, 2025, all speci19 fications shall require that not less 

20 than 10 percent of the labor hours be 

21 performed by federally registered ap22 prentices. 

23 ‘‘(II) In the case of a project ad24 vertised for bid during the period be25 ginning on October 1, 2025, and endVerDate Sep 11 2014 00:32 Nov 26, 2024 Jkt 059200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S5363.IS S5363

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1 ing on September 30, 2026, all speci2 fications shall require that not less 

3 than 12 percent of the labor hours be 

4 performed by federally registered ap5 prentices. 

6 ‘‘(III) In the case of a project ad7 vertised for bid on or after October 1, 

8 2026, all specifications shall require 

9 that not less than 15 percent of the 

10 labor hours be performed by federally 

11 registered apprentices. 

12 ‘‘(ii) CONTRACTOR.—The term ‘con13 tractor’ means a general contractor or 

14 other lead or prime contractor on a con15 struction project carried out using a grant 

16 under this subsection. 

17 ‘‘(iii) LABOR HOURS.— 

18 ‘‘(I) IN GENERAL.—The term 

19 ‘labor hours’ means the total number 

20 of hours devoted to the performance 

21 of construction activities (as defined 

22 in sector 23 of the North American 

23 Industry Classification System) with 

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1 section by employees of the contractor 

2 and subcontractors. 

3 ‘‘(II) EXCLUSIONS.—The term 

4 ‘labor hours’ excludes hours worked 

5 by a foreman, superintendent, owner, 

6 or other person who is— 

7 ‘‘(aa) an employee employed 

8 in a bona fide executive capacity 

9 (as defined in section 541.100 of 

10 title 29, Code of Federal Regula11 tions (as in effect on the date of 

12 enactment of this subsection)); 

13 ‘‘(bb) an employee employed 

14 in a bona fide administrative ca15 pacity (as defined in section 

16 541.200 of that title) (as in ef17 fect on the date of enactment of 

18 this subsection); or 

19 ‘‘(cc) an employee employed 

20 in a bona fide professional capac21 ity (as defined in section 541.300 

22 of that title) (as in effect on the 

23 date of enactment of this sub24 section). 


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1 ‘‘(iv) SUBCONTRACTOR.—The term 

2 ‘subcontractor’ means any person or com3 pany, at any tier, that performs some or 

4 all of the obligations of the contractor. 

5 ‘‘(B) REQUIREMENT.—Each contractor 

6 and subcontractor engaged in the performance 

7 of construction, alteration, or repair work on a 

8 project funded in whole or in part by a grant 

9 under this subsection shall, to the maximum ex10 tent practicable, collectively meet or exceed the 

11 apprenticeship utilization requirement applica12 ble to the project, subject to the condition that 

13 the apprenticeship utilization requirement shall 

14 comply with the apprentice to journeyworker ra15 tios established by the Secretary of Labor or 

16 the applicable State apprenticeship agency. 

17 ‘‘(C) PARTICIPATION.—Each contractor 

18 and subcontractor who employs 4 or more 

19 workers to perform construction activities (as 

20 defined in sector 23 of the North American In21 dustry Classification System) on a project fund22 ed in whole or in part by a grant under this 

23 subsection shall, to the maximum extent prac24 ticable, employ 1 or more federally registered 

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1 prenticeship utilization requirement applicable 

2 to that project. 

3 ‘‘(D) REPORTING.— 

4 ‘‘(i) INFORMATION RELATING TO FED5 ERALLY REGISTERED APPRENTICES.— 

6 ‘‘(I) IN GENERAL.—During the 

7 period in which a project carried out 

8 using a grant under this subsection is 

9 ongoing, the contractor shall include 

10 with each payment application to the 

11 State a report containing a descrip12 tion of— 

13 ‘‘(aa) the name and appren14 tice registration or identification 

15 number of each federally reg16 istered apprentice employed on 

17 the project; 

18 ‘‘(bb) the number of feder19 ally registered apprentices and 

20 labor hours worked by those ap21 prentices on the project, cat22 egorized by trade or craft; and 

23 ‘‘(cc) the number of journey 

24 level workers and labor hours 

25 worked by those journey level 


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1 workers on the project, cat2 egorized by trade or craft. 

3 ‘‘(II) SUBMISSION TO SECRETARY

4 OF LABOR AND ADMINISTRATOR.— 

5 Each report described in subclause (I) 

6 shall be submitted to the Secretary of 

7 Labor and the Administrator at such 

8 time and in such manner as the Sec9 retary of Labor or the Administrator 

10 may prescribe by guidance. 

11 ‘‘(ii) MAINTENANCE OF REPORTS AND

12 RECORDS.—A State that receives a grant 

13 under this subsection and each contractor 

14 and subcontractor carrying out a project 

15 using the grant shall maintain all reports 

16 and personnel records relating to the re17 quirements of this paragraph for a period 

18 of at least 3 years after final completion of 

19 the work for the project. 

20 ‘‘(iii) SUBMISSION TO ADMINIS21 TRATOR.— 

22 ‘‘(I) IN GENERAL.—A State that 

23 receives a grant under this subsection 

24 and each contractor and subcontractor 

25 carrying out a project using the grant 


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1 shall immediately submit, on request 

2 of the Administrator, any information, 

3 report, or record described in clauses 

4 (i) and (ii). 

5 ‘‘(II) ENFORCEMENT.—If the 

6 Administrator determines that a 

7 State, contractor, or subcontractor 

8 has failed to submit any information, 

9 report, or record under subclause (I), 

10 the State shall repay to the Adminis11 trator the amount of the applicable 

12 grant under this subsection. 

13 ‘‘(E) PREEMPTION.—Nothing in this para14 graph preempts any applicable State or local 

15 law or policy that provides for additional skilled 

16 and trained workforce requirements on con17 struction projects. 

18 ‘‘(9) FEDERAL SHARE.— 

19 ‘‘(A) IN GENERAL.—Subject to subpara20 graph (B), the Federal share of the cost of ac21 tivities funded by a grant under this subsection 

22 shall be not more than 75 percent of the total 

23 project costs during the period for which the 

24 grant is made. 


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1 ‘‘(B) WAIVER.—The Administrator may 

2 increase the Federal share under subparagraph 

3 (A) to not more than 100 percent if the recipi4 ent of the grant funds demonstrates that the 

5 recipient is unable to pay, or would experience 

6 significant financial hardship if required to pay, 

7 the non-Federal share. 

8 ‘‘(10) ELIGIBILITY FOR PERFORMANCE PART9 NERSHIP GRANTS.—Funds awarded under this sub10 section may be included in a performance partner11 ship grant in lieu of a grant under this subsection, 

12 as the Administrator determines to be appropriate. 

13 ‘‘(11) GRANTEE DATA COLLECTION AND RE14 PORTING.—A State or an Indian Tribe that receives 

15 a grant under this subsection shall submit to the 

16 Administrator an annual report describing— 

17 ‘‘(A) the amount of the grant funds that 

18 were used for the activities described in clauses 

19 (i) through (iii) of paragraph (2)(B) during the 

20 previous year; 

21 ‘‘(B) the amount of the grant funds that 

22 were used for projects at high-poverty schools; 

23 and 

24 ‘‘(C) any inspections, testing, and moni25 toring performed, and remediation measures 


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1 carried out, during the previous year using the 

2 grant, including the number of schools and the 

3 number of students that were directly served. 

4 ‘‘(12) REPORTS.— 

5 ‘‘(A) IN GENERAL.—Not later than 2 years 

6 after the date of enactment of this subsection, 

7 and every 2 years thereafter, the Administrator 

8 shall— 

9 ‘‘(i) prepare a report, based on data 

10 submitted to the Administrator under 

11 paragraph (11), describing the results of 

12 the grant program under this subsection, 

13 including a description of— 

14 ‘‘(I) the States and Indian Tribes 

15 that were awarded a grant under this 

16 subsection; and 

17 ‘‘(II) the activities for which the 

18 States and Indian Tribes described in 

19 subclause (I) used the grant; 

20 ‘‘(ii) submit the report to— 

21 ‘‘(I) the Committee on Environ22 ment and Public Works of the Senate; 

23 ‘‘(II) the Committee on Health, 

24 Education, Labor, and Pensions of 

25 the Senate; 


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1 ‘‘(III) the Committee on Energy 

2 and Commerce of the House of Rep3 resentatives; and 

4 ‘‘(IV) the Committee on Edu5 cation and the Workforce of the 

6 House of Representatives; and 

7 ‘‘(iii) make the report publicly avail8 able on the website of the Environmental 

9 Protection Agency in each major language 

10 spoken in each school district that has ben11 efitted from grant funding under this sub12 section. 

13 ‘‘(B) PERIOD COVERED.—A report pre14 pared under subparagraph (A) shall cover— 

15 ‘‘(i) in the case of the initial report, 

16 the period beginning on the date of enact17 ment of this subsection and ending on the 

18 date of submission of the report; and 

19 ‘‘(ii) in the case of each report there20 after, the 2-year period preceding the date 

21 of submission of the report. 

22 ‘‘(13) SAVINGS CLAUSE.—The ability of an In23 dian Tribe to receive a grant under this subsection 

24 does not limit or affect the authority of the Adminis25 trator under this title to establish other opportuniVerDate Sep 11 2014 00:32 Nov 26, 2024 Jkt 059200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S5363.IS S5363

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1 ties for Indian Tribes to apply for and receive pro2 gram authorization or funding. 

3 ‘‘(14) AUTHORIZATION OF APPROPRIATIONS.— 

4 There is authorized to be appropriated to carry out 

5 this subsection $5,200,000,000 for each of fiscal 

6 years 2025 through 2035.’’. 

7 (b) CLERICAL AMENDMENT.—The table of contents 

8 for the Toxic Substances Control Act (Public Law 94– 

9 469; 90 Stat. 2003) is amended by striking the item relat10 ing to section 28 and inserting the following: 

‘‘Sec. 28. State and Tribal programs.’’. 

11 SEC. 3. REAUTHORIZATION OF HEALTHY HIGH-PERFORM12 ANCE SCHOOLS. 

13 (a) GRANTS FOR HEALTHY SCHOOL ENVIRON14 MENTS.—Section 501 of the Toxic Substances Control Act 

15 (15 U.S.C. 2695) is amended to read as follows: 

16 ‘‘SEC. 501. GRANTS FOR HEALTHY SCHOOL ENVIRONMENTS. 

17 ‘‘(a) DEFINITIONS.—In this section: 

18 ‘‘(1) EARLY CHILDHOOD EDUCATION PRO19 GRAM.—The term ‘early childhood education pro20 gram’ has the meaning given the term in section 103 

21 of the Higher Education Act of 1965 (20 U.S.C. 

22 1003). 

23 ‘‘(2) ELIGIBLE CHILD CARE PROVIDER.—The 

24 term ‘eligible child care provider’ means a center25 based child care provider described in section 


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1 658P(6)(A) of the Child Care and Development 

2 Block Grant Act of 1990 (42 U.S.C. 9858n(6)(A)). 

3 ‘‘(3) ELIGIBLE FACILITY.—The term ‘eligible 

4 facility’ means— 

5 ‘‘(A) a public school facility operated by a 

6 local educational agency or a Tribal educational 

7 agency; 

8 ‘‘(B) a facility operated by an early child9 hood education program; and 

10 ‘‘(C) a center-based child care facility oper11 ated by an eligible child care provider. 

12 ‘‘(4) ENVIRONMENTAL CONCERN.—The term 

13 ‘environmental concern’ means environmental prob14 lems, contaminants, hazardous substances, and pol15 lutant emissions, as described in section 

16 504(a)(3)(A). 

17 ‘‘(5) INDIAN TRIBE.—The term ‘Indian Tribe’ 

18 has the meaning given the term in section 28(a). 

19 ‘‘(6) LOCAL EDUCATIONAL AGENCY.—The term 

20 ‘local educational agency’ has the meaning given the 

21 term in section 8101 of the Elementary and Sec22 ondary Education Act of 1965 (20 U.S.C. 7801). 

23 ‘‘(b) AUTHORIZATION OF GRANTS.—The Adminis24 trator, in consultation with the Secretary of Education 


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1 and the Secretary of Health and Human Services, may 

2 provide grants to States and Indian Tribes for use in— 

3 ‘‘(1) providing training and technical assistance 

4 to State or local government staff who are involved 

5 in school maintenance or operations or educational 

6 facilities capital outlay projects, local educational 

7 agencies, early childhood education programs, and 

8 eligible child care providers in addressing environ9 mental concerns in eligible facilities; and 

10 ‘‘(2) the development of State and Tribal pro11 grams to support the remediation of environmental 

12 concerns in eligible facilities that include— 

13 ‘‘(A) standards for the planning, design, 

14 construction, management, and renovation of 

15 the eligible facilities; 

16 ‘‘(B) the identification of— 

17 ‘‘(i) ongoing environmental problems, 

18 including environmental concerns, in the 

19 eligible facilities; and 

20 ‘‘(ii) recommended solutions to ad21 dress those problems, including assessment 

22 of information on the exposure of children, 

23 students, and educators to environmental 

24 hazards in eligible facilities; and 


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1 ‘‘(C) the development of State-level or 

2 Tribal interagency memoranda of under3 standing for the implementation of programs 

4 described in this paragraph. 

5 ‘‘(c) SAVINGS CLAUSE.—The ability of an Indian 

6 Tribe to receive a grant under this section does not limit 

7 or affect the authority of the Administrator under this 

8 title to establish other opportunities for Indian Tribes to 

9 apply for and receive program authorization or funding.’’. 

10 (b) PUBLIC OUTREACH.—Section 503 of the Toxic 

11 Substances Control Act (15 U.S.C. 2695b) is amended— 

12 (1) in subsection (a), by striking ‘‘, until the ex13 piration of authority described in section 501(b)’’; 

14 and 

15 (2) by adding at the end the following: 

16 ‘‘(c) OUTREACH TO STATES AND INDIAN TRIBES.— 

17 ‘‘(1) DEFINITIONS.—In this section, the terms 

18 ‘eligible facility’, ‘environmental concern’, and ‘In19 dian Tribe’ have the meanings given those terms in 

20 section 501(a). 

21 ‘‘(2) OUTREACH.—The Administrator shall— 

22 ‘‘(A) carry out periodic outreach to States 

23 and Indian Tribes to make available informa24 tion relating to— 


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1 ‘‘(i) the exposure of children and stu2 dents to environmental hazards in eligible 

3 facilities; 

4 ‘‘(ii) regulations and guidelines appli5 cable to identifying, remediating, and mon6 itoring environmental hazards in eligible 

7 facilities; and 

8 ‘‘(iii) other materials that may assist 

9 States and Indian Tribes in addressing en10 vironmental concerns, including high-haz11 ard chemical products stored or used by el12 igible facilities for maintenance or instruc13 tion; and 

14 ‘‘(B) facilitate the biannual convening at 

15 the regional or national level of school and early 

16 childhood education program stakeholders, in17 cluding parents, child health experts, educators, 

18 researchers, nonprofit organizations, child care 

19 providers, States, and Indian Tribes that re20 ceive grants under sections 28(d) and 501 to 

21 meet with employees of the Environmental Pro22 tection Agency, the Department of Education, 

23 the Department of Health and Human Services, 

24 and other Federal agencies to discuss topics re25 lating to— 


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1 ‘‘(i) the environmental health of chil2 dren and students at eligible facilities; and 

3 ‘‘(ii) the prevention, identification, re4 mediation, and monitoring of contaminants 

5 in indoor air and other environmental 

6 health risks and threats relating to build7 ings and grounds of eligible facilities.’’. 

8 (c) ENVIRONMENTAL HEALTH PROGRAM.—Section 

9 504 of the Toxic Substances Control Act (15 U.S.C. 

10 2695c) is amended— 

11 (1) in subsection (a)— 

12 (A) in the matter preceding paragraph (1), 

13 by inserting ‘‘and not less frequently than once 

14 every 10 years thereafter,’’ after ‘‘section,’’; 

15 (B) in paragraph (3)(A)— 

16 (i) by redesignating clauses (v) 

17 through (vii) as clauses (vii) through (ix), 

18 respectively; and 

19 (ii) by inserting after clause (iv) the 

20 following: 

21 ‘‘(v) polychlorinated biphenyls; 

22 ‘‘(vi) perfluoroalkyl and 

23 polyfluoroalkyl substances;’’; 

24 (C) in paragraph (6), by striking ‘‘and’’ at 

25 the end; 


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1 (D) in paragraph (7), by striking the pe2 riod at the end and inserting a semicolon; and 

3 (E) by adding at the end the following: 

4 ‘‘(8) provides technical assistance on best prac5 tices for the removal, remediation, and disposal of 

6 lead, mold, asbestos, polychlorinated biphenyls, and 

7 other hazardous substances; and 

8 ‘‘(9) to the extent practicable, through surveys 

9 and opportunities for self-reporting, collects and 

10 makes publicly available an online inventory of 

11 schools affected by and onsite locations of lead, as12 bestos, polychlorinated biphenyls, and other haz13 ardous substances’’; and 

14 (2) by striking subsection (b) and inserting the 

15 following: 

16 ‘‘(b) PUBLIC AVAILABILITY OF INFORMATION.—To 

17 the maximum extent practicable, based on data submitted 

18 to the Administrator under section 28(d)(11) and any ad19 ditional data reported under section 503(a), the Adminis20 trator shall make publicly available— 

21 ‘‘(1) information relating to the exposure of 

22 children and students to environmental hazards in 

23 educational facilities; and 

24 ‘‘(2) an inventory of educational facilities in 

25 which hazardous substances have been found, parVerDate Sep 11 2014 00:32 Nov 26, 2024 Jkt 059200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\S5363.IS S5363

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1 ticularly hazardous substances with the highest prev2 alence and harm, such as lead, asbestos, and poly3 chlorinated biphenyls.’’. 

4 (d) AUTHORIZATION OF APPROPRIATIONS.—Section 

5 505 of the Toxic Substances Control Act (15 U.S.C. 

6 2695d) is amended by striking ‘‘There are authorized’’ 

7 and all that follows through ‘‘2013’’ and inserting ‘‘There 

8 is authorized to be appropriated to carry out this title 

9 $10,000,000 for each of fiscal years 2025 through 2035’’. 

10 SEC. 4. GRANTS FOR INDOOR AIR AND ENVIRONMENTAL 

11 HEALTH IN EDUCATIONAL SETTINGS. 

12 (a) DEFINITIONS.—In this section: 

13 (1) ELIGIBLE FACILITY.—The term ‘‘eligible fa14 cility’’ has the meaning given the term in section 

15 501(a) of the Toxic Substances Control Act (15 

16 U.S.C. 2695(a)). 

17 (2) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

18 means any federally recognized Indian Tribe. 

19 (3) INDOOR AIR QUALITY.—The term ‘‘indoor 

20 air quality’’ means the chemical, biological, and 

21 physical characteristics of air in an eligible facility 

22 that impact the health and comfort of individuals, 

23 including sensitive and susceptible individuals, in the 

24 eligible facility. 


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1 (4) POOR INDOOR AIR QUALITY.—The term 

2 ‘‘poor indoor air quality’’ means the characteristics 

3 of air in an eligible facility that adversely impact the 

4 health and comfort of individuals, including sensitive 

5 and susceptible individuals, in the eligible facility, in6 cluding the following characteristics: 

7 (A) Physical or environmental conditions, 

8 such as temperatures and relative humidity, 

9 that are uncomfortable to occupants. 

10 (B) Air pollutant concentrations exceeding 

11 action levels or mitigation recommendation lev12 els, including for radon, issued by the Adminis13 trator of the Environmental Protection Agency. 

14 (C) Characteristics resulting from the fail15 ure to comply with standards or guidance 

16 issued by the Assistant Secretary of Labor for 

17 Occupational Safety and Health or the Amer18 ican Society of Heating, Refrigerating and Air19 Conditioning Engineers. 

20 (D) The presence of radon, PM2.5, PM10, 

21 asbestos, mold, biological contaminants, chem22 ical contaminants, environmental tobacco 

23 smoke, secondhand smoke or aerosols, lead, car24 bon monoxide, or other air pollutants, that exVerDate Sep 11 2014 00:32 Nov 26, 2024 Jkt 059200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\S5363.IS S5363

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1 ceed local, State, or Federal guidance or re2 quirements, as applicable. 

3 (b) AUTHORIZATION OF GRANTS.—The Adminis4 trator of the Environmental Protection Agency, acting 

5 through the Assistant Administrator for Air and Radi6 ation (referred to in this section as the ‘‘Administrator’’), 

7 in consultation with relevant stakeholders, shall establish 

8 a program under which the Administrator shall provide 

9 grants in accordance with this section to States, territories 

10 of the United States, Indian Tribes, and other Federal 

11 agencies that manage schools, for the purposes of improv12 ing indoor air quality and minimizing exposure to environ13 mental hazards in eligible facilities that have poor indoor 

14 air quality. 

15 (c) ELIGIBILITY.—A State, territory, Indian Tribe, or 

16 Federal agency described in subsection (b) shall be eligible 

17 for a grant under this section if the State, territory, In18 dian Tribe, or Federal agency submits to the Adminis19 trator an application that, as determined by the Adminis20 trator— 

21 (1) demonstrates sufficient State, territorial, 

22 Tribal, or Federal authority, capacity, capability to 

23 implement a comprehensive indoor air quality and 

24 environmental quality management plan that in25 cludes, at a minimum— 


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1 (A) the provision of technical assistance to 

2 eligible facilities in the development and imple3 mentation of indoor air quality and environ4 mental quality plans that address impacts on 

5 indoor environments from climate change; 

6 (B) assessment of eligible facilities, 

7 through on-site monitoring, site visits, or other 

8 means, of indoor air quality and environmental 

9 quality for the purpose of prioritizing assistance 

10 and services provided by the State, territory, 

11 Indian Tribe, or Federal agency, which may in12 clude collaborating with the State educational 

13 agency, local educational agencies (as those 

14 terms are defined in section 8101 of the Ele15 mentary and Secondary Education Act of 1965 

16 (20 U.S.C. 7801)), early childhood education 

17 programs, eligible child care providers (as those 

18 terms are defined in section 501(a) of the Toxic 

19 Substances Control Act (15 U.S.C. 2695(a))), 

20 and other agencies with expertise in environ21 mental health and carrying out such assess22 ments; and 

23 (C) the provision of information, assist24 ance, and services to school districts and eligi25 ble facilities for identifying and securing finanVerDate Sep 11 2014 00:32 Nov 26, 2024 Jkt 059200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\S5363.IS S5363

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1 cial aid or other sources of funding necessary to 

2 mitigate identified risks associated with poor in3 door air quality or other hazards; 

4 (2) demonstrates community and labor engage5 ment in the development of the State or Tribal plan 

6 described in paragraph (1), including— 

7 (A) consultation with— 

8 (i) other State, Tribal, and local agen9 cies; 

10 (ii) educators and school leaders; 

11 (iii) child care providers; 

12 (iv) community stakeholders; and 

13 (v) labor unions and other worker or14 ganizations; and 

15 (B) conducting public hearings; and 

16 (3) meets such additional requirements as the 

17 Administrator, in consultation with the Secretary of 

18 Education, the Secretary of Health and Human 

19 Services, and the heads of other appropriate Federal 

20 departments and agencies, may establish. 

21 (d) USE OF GRANT FUNDS.—A State, territory, In22 dian Tribe, or Federal agency described in subsection (b) 

23 that receives a grant under this section shall use the grant 

24 to implement a State, territorial, Tribal, or agency com25 prehensive indoor air quality and environmental quality 


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1 management plan described in subsection (c)(1), includ2 ing— 

3 (1) the provision of statewide, territory-wide, 

4 Tribal, or agency assistance to eligible facilities in 

5 the development or implementation of indoor air 

6 quality and environmental quality plans that ad7 dress— 

8 (A) causes of poor indoor air quality; 

9 (B) mitigation measures to improve indoor 

10 air quality; and 

11 (C) impacts of a warmer climate on indoor 

12 air quality; 

13 (2) the provision of information, assistance, and 

14 services to eligible facilities, including local edu15 cational agencies (as defined in section 8101 of the 

16 Elementary and Secondary Education Act of 1965 

17 (20 U.S.C. 7801)), early childhood education pro18 grams, and eligible child care providers (as those 

19 terms are defined in section 501(a) of the Toxic 

20 Substances Control Act (15 U.S.C. 2695(a))), for 

21 identifying and securing financial aid or other 

22 sources of funding necessary to identify and mitigate 

23 risks associated with poor indoor air quality; 

24 (3) conducting assessment and monitoring of 

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1 tions, in accordance with Environmental Protection 

2 Agency guidance, such as the Indoor Air Quality 

3 Tools for Schools Action Kit, as appropriate, at eli4 gible facilities, including installing air quality mon5 itors to measure common indoor air pollutants and 

6 indicators of respiratory harms, such as radon, 

7 PM2.5, and carbon dioxide concentrations, in class8 rooms and other shared spaces, such as cafeterias 

9 and gymnasiums; 

10 (4) ensuring current, regularly updated data 

11 from the indoor air quality monitors described in 

12 paragraph (3) are made available to employees of el13 igible facilities, students, parents, educators, child 

14 care providers, and the general public in real time 

15 on a publicly available website that includes quality16 controlled archived records of past measurements; 

17 (5) ensuring data described in paragraph (4) 

18 are available during the school day, any before or 

19 after school programming, and any other events at 

20 the eligible facility; 

21 (6) the provision of training and technical as22 sistance to State or local government staff who are 

23 involved in school maintenance or operations or edu24 cational facilities capital outlay projects, on the hir25 ing of the staff and annually thereafter, on the 


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1 maintenance and servicing of heating, ventilation, 

2 and air quality monitoring equipment; 

3 (7) developing programs and high-quality pro4 fessional development opportunities for educators to 

5 support student learning on air quality monitor re6 sults; 

7 (8) providing for existing facility and facility 

8 system maintenance and upgrades to address poor 

9 indoor air quality, including making available port10 able filtration, dehumidifiers, and air cleaners to 

11 supplement existing heating, ventilation, and air 

12 conditioning systems to improve indoor air quality at 

13 eligible facilities; 

14 (9) the provision of guidance on improving in15 door air quality, including guidance on remediating 

16 mold and using less toxic cleaning supplies; 

17 (10) ensuring that ventilation verification as18 sessments and ventilation verification reports are 

19 available to students, parents, educators, child care 

20 providers, and the general public in real-time on a 

21 publicly accessible website; 

22 (11) ensuring that when concentrations of in23 door air pollutants, as measured under paragraph 

24 (3), increase, and the classroom or other occupied 


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1 space has an adjustable mechanical ventilation sys2 tem, the ventilation rate is adjusted; and 

3 (12) ensuring that when concentrations of in4 door air pollutants, as measured under paragraph 

5 (3), increase, and the classroom or other occupied 

6 space lacks an adjustable mechanical ventilation sys7 tem, temporary measures, such as opening windows 

8 or doors or the use of portable filtration devices, 

9 may be used when appropriate to attempt to improve 

10 indoor air quality. 

11 (e) SAVINGS CLAUSE.—Nothing in this section (in12 cluding any regulation issued pursuant to this section) 

13 prohibits individual educators, State or local government 

14 staff who are involved in school maintenance or operations 

15 or educational facilities capital outlay projects, or groups 

16 of those educators or staff, from— 

17 (1) using portable filtration and air cleaners; or 

18 (2) acting on real-time data in a classroom or 

19 area to improve ventilation or filtration, such as by 

20 opening any available window or door, using 1 or 

21 more air cleaners, or alerting appropriate employees 

22 of eligible facilities. 

23 (f) CAPACITY ASSISTANCE.— 

24 (1) IN GENERAL.—The Administrator may pro25 vide to a State, a territory, an Indian Tribe, or a 


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1 Federal agency described in subsection (b) that is 

2 determined under subsection (c)(1) to be ineligible 

3 for a grant under this section financial assistance to 

4 carry out actions necessary to develop a comprehen5 sive indoor air quality and environmental quality 

6 management plan that meets the minimum eligibility 

7 requirements described in subsection (c)(2). 

8 (2) PUBLIC PARTICIPATION.—A State, a terri9 tory, an Indian Tribe, or a Federal agency that re10 ceives financial assistance under paragraph (1) shall 

11 provide opportunities for public participation and 

12 stakeholder engagement in carrying out the actions 

13 described in that paragraph. 

14 (g) REGULATIONS AND GUIDANCE.—The Adminis15 trator, in consultation with the Secretary of Education, 

16 the Secretary of Health and Human Services, and the 

17 heads of other appropriate Federal departments and agen18 cies, shall issue such regulations and guidance as are nec19 essary for the implementation of this section. 

20 (h) AUTHORIZATION OF APPROPRIATIONS.—There is 

21 authorized to be appropriated to carry out this section 

22 $100,000,000 for each of fiscal years 2025 through 2035. 

Æ 


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