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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5363 Introduced in Senate (IS)]

<DOC>

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.

    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.
                                 <all>
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