II 

117TH CONGRESS 

1ST SESSION S. 2660 

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 

AUGUST 5, 2021 

Mr. MARKEY (for himself, Ms. SMITH, Mr. LEAHY, Mr. BOOKER, Mr. VAN

HOLLEN, Mr. SANDERS, Mr. BLUMENTHAL, Ms. WARREN, and Mr. 

MERKLEY) 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 2021’’. 


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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 any Indian Tribe, band, 

5 nation, or other organized group or community, including 

6 any Alaska Native village.’’; and 

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

8 ‘‘(d) GRANTS FOR TOXIC SUBSTANCES REMEDI9 ATION IN SCHOOLS.— 

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

11 ‘‘(A) EARLY CHILDHOOD EDUCATION PRO12 GRAM.—The term ‘early childhood education 

13 program’ has the meaning given the term in 

14 section 103 of the Higher Education Act of 

15 1965 (20 U.S.C. 1003). 

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

17 The term ‘eligible child care provider’ means a 

18 center-based child care provider described in 

19 section 658P(6)(A) of the Child Care and De20 velopment Block Grant Act of 1990 (42 U.S.C. 

21 9858n(6)(A)). 

22 ‘‘(C) ELIGIBLE FACILITY.—The term ‘eli23 gible facility’ means— 

24 ‘‘(i) a public school facility operated 

25 by a local educational agency; 


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

2 childhood education program; and 

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

4 operated by an eligible child care provider. 

5 ‘‘(D) ENVIRONMENTAL CONCERN.— 

6 ‘‘(i) IN GENERAL.—The term ‘envi7 ronmental concern’ means environmental 

8 problems, contaminants, hazardous sub9 stances, and pollutant emissions, as de10 scribed in section 504(a)(3)(A). 

11 ‘‘(ii) INCLUSION.—The term ‘environ12 mental concern’ includes poor indoor air 

13 quality. 

14 ‘‘(E) LOCAL EDUCATIONAL AGENCY; STATE

15 EDUCATIONAL AGENCY.—The terms ‘local edu16 cational agency’ and ‘State educational agency’ 

17 have the meanings given those terms in section 

18 8101 of the Elementary and Secondary Edu19 cation Act of 1965 (20 U.S.C. 7801). 

20 ‘‘(2) AUTHORIZATION OF GRANTS.— 

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

22 ability or likelihood of the Administrator to take 

23 action under any other provision of this Act as 

24 described in subsection (b), the Administrator, 

25 in consultation with the Secretary of Education 


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1 and the Secretary of Health and Human Serv2 ices and in partnership with the Secretary of 

3 Labor with respect to the enforcement of appli4 cable labor standards, may provide grants in 

5 accordance with this subsection to States and 

6 Indian Tribes for the purpose of identifying, 

7 preventing, or eliminating risks associated with 

8 the presence of a chemical substance or mixture 

9 in eligible facilities. 

10 ‘‘(B) USE OF GRANTS.—A State or Indian 

11 Tribe that receives a grant under this sub12 section shall use the grant funds directly, or 

13 provide the grant funds to a local educational 

14 agency, for use in— 

15 ‘‘(i) performing inspections, testing, 

16 and monitoring for environmental concerns 

17 in eligible facilities, including high-hazard 

18 chemical products stored or used in the fa19 cilities for maintenance or instruction; and 

20 ‘‘(ii) carrying out remediation meas21 ures in the eligible facilities, including re22 moval and disposal of environmental con23 cerns and high-hazard chemical products 

24 described in clause (i), and improving in25 door air quality. 


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1 ‘‘(C) NATIONAL GUIDANCE.—The Adminis2 trator shall allocate and award grant funds 

3 under this subsection to States and Indian 

4 Tribes based on national guidance, which the 

5 Administrator shall issue. 

6 ‘‘(D) ADMINISTRATIVE RESERVATION.— 

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

8 (ii), the Administrator may reserve not 

9 more than 4 percent of the amounts made 

10 available for grants under this subsection 

11 to provide administrative support for the 

12 grants and technical assistance to States 

13 and Indian Tribes. 

14 ‘‘(ii) HIGHER PERCENTAGE.—If the 

15 amounts made available to provide grants 

16 under this subsection are less than 

17 $500,000,000, then the Administrator may 

18 reserve more than 4 percent of those 

19 amounts to provide administrative support 

20 for grants and technical assistance to 

21 States and Indian Tribes, as determined 

22 necessary by the Administrator. 

23 ‘‘(E) DISTRIBUTION OF GRANT

24 AMOUNTS.— 


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1 ‘‘(i) GEOGRAPHICAL DISTRIBUTION.— 

2 To the extent practicable, the Adminis3 trator shall ensure that amounts are dis4 tributed under this subsection to geo5 graphically diverse locations. 

6 ‘‘(ii) HIGH-POVERTY SCHOOLS.—The 

7 Administrator shall take measures to en8 sure that not less than 50 percent of the 

9 amounts distributed under this subsection 

10 are used to benefit local educational agen11 cies, early childhood education programs, 

12 and eligible child care providers with the 

13 highest numbers or percentages of stu14 dents counted under section 1124(c) of the 

15 Elementary and Secondary Education Act 

16 of 1965 (20 U.S.C. 6333(c)). 

17 ‘‘(iii) TRIBAL SET-ASIDE.—Of the 

18 amount made available to provide grants 

19 under this subsection for a fiscal year, the 

20 Administrator shall reserve 3 percent for 

21 purposes of awarding grants under this 

22 subsection, in consultation with the Direc23 tor of the Bureau of Indian Education, to 

24 Indian Tribes for use at tribally operated 

25 schools. 


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

2 to receive a grant under this subsection, a State 

3 shall include a description of the means by which the 

4 State plans— 

5 ‘‘(A) to ensure coordinated programmatic 

6 and funding efforts across relevant State-level 

7 agencies, including State educational agencies 

8 and other agencies with expertise in environ9 ment, health, and energy; 

10 ‘‘(B) to use the grant funds for the reme11 diation of any toxic substances in— 

12 ‘‘(i) eligible facilities; and 

13 ‘‘(ii) if applicable, educational facili14 ties where juveniles are incarcerated or live 

15 as wards of the State; 

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

17 students and staff during the renovation or 

18 modernization of eligible facilities; and 

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

20 funds to improve— 

21 ‘‘(i) eligible facilities of local edu22 cational agencies, early childhood education 

23 programs, and eligible child care providers 

24 with— 


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1 ‘‘(I) the highest numbers or per2 centages of students counted under 

3 section 1124(c) of the Elementary and 

4 Secondary Education Act of 1965 (20 

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

6 ‘‘(II) if applicable, majority In7 digenous students; and 

8 ‘‘(ii) eligible facilities that are in 

9 areas— 

10 ‘‘(I) adjacent to brownfield sites 

11 (as defined in section 101 of the Com12 prehensive Environmental Response, 

13 Compensation, and Liability Act of 

14 1980 (42 U.S.C. 9601)); or 

15 ‘‘(II) with poor outdoor air qual16 ity. 

17 ‘‘(4) PROJECT LABOR AGREEMENTS.— 

18 ‘‘(A) DEFINITION OF PROJECT LABOR

19 AGREEMENT.—In this paragraph, the term 

20 ‘project labor agreement’ means a pre-hire col21 lective bargaining agreement with 1 or more 

22 labor organizations that— 

23 ‘‘(i) establishes the terms and condi24 tions of employment for a specific con25 struction project; and 


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1 ‘‘(ii) is an agreement described in sec2 tion 8(f) of the National Labor Relations 

3 Act (29 U.S.C. 158(f)). 

4 ‘‘(B) REQUIREMENT.—A contractor or 

5 subcontractor engaging in a construction or re6 mediation project assisted in whole or in part 

7 with a grant provided to a State under this sub8 section and the total cost of which is not less 

9 than $25,000,000 shall negotiate or become a 

10 party to a project labor agreement for that 

11 project with 1 or more labor organizations. 

12 ‘‘(5) WAGE RATE REQUIREMENTS.— 

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

14 other provision of law, all laborers and mechan15 ics employed by contractors and subcontractors 

16 on projects funded in whole or in part by a 

17 grant provided to a State under this subsection 

18 shall be paid wages at rates not less than those 

19 prevailing on projects of a similar character in 

20 the locality, as determined by the Secretary of 

21 Labor in accordance with subchapter IV of 

22 chapter 31 of title 40, United States Code 

23 (commonly referred to as the ‘Davis-Bacon 

24 Act’). 


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

2 labor standards specified in subparagraph (A), 

3 the Secretary of Labor shall have the authority 

4 and functions set forth in Reorganization Plan 

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

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

7 States Code. 

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

9 Any work performed using a grant provided to a 

10 State under this subsection shall be governed by a 

11 written job-specific abatement plan— 

12 ‘‘(A) containing provisions relating to— 

13 ‘‘(i) environmental compliance; 

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

15 ‘‘(iii) health and safety training re16 quirements; and 

17 ‘‘(B) that is stamped by a certified indus18 trial hygienist or similar accredited occupational 

19 health and safety professional. 

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

21 MANUFACTURED PRODUCTS.— 

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

23 ‘‘(i) MANUFACTURED PRODUCT.—The 

24 term ‘manufactured product’ means any 

25 construction material or end product (as 


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1 those terms are defined in part 25.003 of 

2 the Federal Acquisition Regulation) that is 

3 not an iron or steel product, including— 

4 ‘‘(I) electrical components; and 

5 ‘‘(II) non-ferrous building mate6 rials, including aluminum, 

7 polyvinylchloride, glass, fiber optics, 

8 plastic, wood, masonry, rubber, manu9 factured stone, any other non-ferrous 

10 metals, and any unmanufactured con11 struction material. 

12 ‘‘(ii) PRODUCED IN THE UNITED

13 STATES.—The term ‘produced in the 

14 United States’ means the following: 

15 ‘‘(I) When used with respect to a 

16 manufactured product, the product 

17 was manufactured in the United 

18 States and the cost of the components 

19 of that product that were mined, pro20 duced, or manufactured in the United 

21 States exceeds 60 percent of the total 

22 cost of all components of the product. 

23 ‘‘(II) When used with respect to 

24 iron or steel products, or an individual 

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1 uct, all manufacturing processes for 

2 those iron or steel products or compo3 nents, from the initial melting stage 

4 through the application of coatings, 

5 occurred in the United States, except 

6 that the term does not include— 

7 ‘‘(aa) steel or iron material 

8 or products manufactured abroad 

9 from semi-finished steel or iron 

10 from the United States; or 

11 ‘‘(bb) steel or iron material 

12 or products manufactured in the 

13 United States from semi-finished 

14 steel or iron of foreign origin. 

15 ‘‘(B) REQUIREMENTS.—A State that re16 ceives funds under this subsection shall ensure 

17 that any iron, steel, and manufactured products 

18 used in a project carried out with those funds 

19 by a State or local educational agency are pro20 duced in the United States. 

21 ‘‘(C) WAIVER AUTHORITY.— 

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

23 may waive the requirement under subpara24 graph (B) if the Administrator determines 

25 that— 


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1 ‘‘(I) applying the requirement 

2 would be inconsistent with the public 

3 interest; 

4 ‘‘(II) iron, steel, and manufac5 tured products produced in the United 

6 States are not produced in a sufficient 

7 and reasonably available quantity or 

8 are not of a satisfactory quality; or 

9 ‘‘(III) using iron, steel, and man10 ufactured products produced in the 

11 United States will increase the cost of 

12 the applicable overall project by more 

13 than 25 percent. 

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

15 waiver under clause (i), the Administrator 

16 shall publish in the Federal Register a de17 tailed written explanation of the waiver de18 termination. 

19 ‘‘(D) CONSISTENCY WITH INTERNATIONAL

20 AGREEMENTS.—This paragraph shall be applied 

21 in a manner consistent with the obligations of 

22 the United States under international agree23 ments. 

24 ‘‘(8) WORKFORCE DEVELOPMENT.— 

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


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1 ‘‘(i) APPRENTICESHIP UTILIZATION

2 REQUIREMENT.—The term ‘apprenticeship 

3 utilization requirement’ means the use of 

4 qualified apprentices in accordance with 

5 the following: 

6 ‘‘(I) In the case of a project ad7 vertised for bid during the period be8 ginning on October 1, 2021, and end9 ing on September 30, 2022, all speci10 fications shall require that not less 

11 than 10 percent of the labor hours be 

12 performed by qualified apprentices. 

13 ‘‘(II) In the case of a project ad14 vertised for bid during the period be15 ginning on October 1, 2022, and end16 ing on September 30, 2023, all speci17 fications shall require that not less 

18 than 12 percent of the labor hours be 

19 performed by qualified apprentices. 

20 ‘‘(III) In the case of a project ad21 vertised for bid on or after October 1, 

22 2023, all specifications shall require 

23 that not less than 15 percent of the 

24 labor hours be performed by qualified 

25 apprentices. 


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1 ‘‘(ii) CONTRACTOR.—The term ‘con2 tractor’ means a general contractor or 

3 other lead or prime contractor on a con4 struction project carried out using a grant 

5 under this subsection. 

6 ‘‘(iii) LABOR HOURS.— 

7 ‘‘(I) IN GENERAL.—The term 

8 ‘labor hours’ means the total number 

9 of hours devoted to the performance 

10 of construction activities (as defined 

11 in sector 23 of the North American 

12 Industry Classification System) with 

13 respect to a construction project car14 ried out using a grant under this sub15 section by employees of the contractor 

16 and subcontractors. 

17 ‘‘(II) EXCLUSIONS.—The term 

18 ‘labor hours’ excludes hours worked 

19 by a foreman, superintendent, owner, 

20 or other person who is— 

21 ‘‘(aa) an employee employed 

22 in a bona fide executive capacity 

23 (as defined in section 541.100 of 

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1 tions (as in effect on the date of 

2 enactment of this subsection)); 

3 ‘‘(bb) an employee employed 

4 in a bona fide administrative ca5 pacity (as defined in section 

6 541.200 of that title); or 

7 ‘‘(cc) an employee employed 

8 in a bona fide professional capac9 ity (as defined in section 541.300 

10 of that title). 

11 ‘‘(iv) QUALIFIED APPRENTICE.—The 

12 term ‘qualified apprentice’ means an em13 ployee participating in a registered appren14 ticeship program (as defined under the Act 

15 of August 16, 1937 (50 Stat. 664, chapter 

16 663; 29 U.S.C. 50 et seq.) (commonly 

17 known as the ‘National Apprenticeship 

18 Act’)), that meets the standards of subpart 

19 A of part 29 and part 30 of title 29, Code 

20 of Federal Regulations (or successor regu21 lations). 

22 ‘‘(v) SUBCONTRACTOR.—The term 

23 ‘subcontractor’ means any person or com24 pany, at any tier, that performs some or 

25 all of the obligations of the contractor. 


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1 ‘‘(B) REQUIREMENT.—Each contractor 

2 and subcontractor engaged in the performance 

3 of construction, alteration, or repair work on a 

4 project funded in whole or in part by a grant 

5 under this subsection shall, collectively, meet or 

6 exceed the apprenticeship utilization require7 ment applicable to the project, subject to the 

8 condition that the apprenticeship utilization re9 quirement shall comply with the apprentice to 

10 journeyworker ratios established by the Sec11 retary of Labor or the applicable State appren12 ticeship agency. 

13 ‘‘(C) PARTICIPATION.—Each contractor 

14 and subcontractor who employs 4 or more 

15 workers to perform construction activities (as 

16 defined in sector 23 of the North American In17 dustry Classification System) on a project fund18 ed in whole or in part by a grant under this 

19 subsection shall employ 1 or more qualified ap20 prentices for the purpose of meeting the ap21 prenticeship utilization requirement applicable 

22 to that project. 

23 ‘‘(D) WAIVERS.— 

24 ‘‘(i) IN GENERAL.—The Secretary of 

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1 trator, may, on request of a State that re2 ceives a grant under this subsection, waive 

3 or adjust any requirements of subpara4 graphs (B) and (C) for a specific project, 

5 if the State provides documentary evidence 

6 of— 

7 ‘‘(I) a demonstrated lack of avail8 ability of qualified apprentices in the 

9 applicable geographic area in which 

10 the project is carried out; and 

11 ‘‘(II) a good faith effort on the 

12 part of the State and the contractor 

13 and subcontractors carrying out the 

14 project to comply with the require15 ments. 

16 ‘‘(ii) DISCLOSURE.—A waiver or an 

17 adjustment under clause (i) and the ration18 ale of the Administrator for granting the 

19 waiver or adjustment— 

20 ‘‘(I) shall be publicly available; 

21 and 

22 ‘‘(II) shall not be exempt from 

23 disclosure under section 552(b) of 

24 title 5, United States Code. 

25 ‘‘(E) REPORTING.— 


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1 ‘‘(i) INFORMATION RELATING TO

2 QUALIFIED APPRENTICES.— 

3 ‘‘(I) IN GENERAL.—During the 

4 period in which a project carried out 

5 using a grant under this subsection is 

6 ongoing, the contractor shall include 

7 with each payment application to the 

8 State a report containing a descrip9 tion of— 

10 ‘‘(aa) the name and appren11 tice registration or identification 

12 number of each qualified appren13 tice employed on the project; 

14 ‘‘(bb) the number of quali15 fied apprentices and labor hours 

16 worked by those qualified appren17 tices on the project, categorized 

18 by trade or craft; and 

19 ‘‘(cc) the number of journey 

20 level workers and labor hours 

21 worked by those journey level 

22 workers on the project, cat23 egorized by trade or craft. 

24 ‘‘(II) SUBMISSION TO SECRETARY

25 OF LABOR AND ADMINISTRATOR.— 


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1 Each report described in subclause (I) 

2 shall be submitted to the Secretary of 

3 Labor and the Administrator at such 

4 time and in such manner as the Sec5 retary of Labor or the Administrator 

6 may prescribe by guidance. 

7 ‘‘(ii) MAINTENANCE OF REPORTS AND

8 RECORDS.—A State that receives a grant 

9 under this subsection and each contractor 

10 and subcontractor carrying out a project 

11 using the grant shall maintain all reports 

12 and personnel records relating to the re13 quirements of this paragraph for a period 

14 of at least 3 years after final completion of 

15 the work for the project. 

16 ‘‘(iii) SUBMISSION TO ADMINIS17 TRATOR.— 

18 ‘‘(I) IN GENERAL.—A State that 

19 receives a grant under this subsection 

20 and each contractor and subcontractor 

21 carrying out a project using the grant 

22 shall immediately submit, on request 

23 of the Administrator, any information, 

24 report, or record described in clauses 

25 (i) and (ii). 


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1 ‘‘(II) ENFORCEMENT.—If the 

2 Administrator determines that a 

3 State, contractor, or subcontractor 

4 has failed to submit any information, 

5 report, or record under subclause (I), 

6 the State shall repay to the Adminis7 trator the amount of the applicable 

8 grant under this subsection. 

9 ‘‘(F) PREEMPTION.—Nothing in this para10 graph preempts any applicable State or local 

11 law or policy that provides for additional skilled 

12 and trained workforce requirements on con13 struction projects. 

14 ‘‘(9) FEDERAL SHARE.— 

15 ‘‘(A) IN GENERAL.—Subject to subpara16 graph (B), the Federal share of the cost of ac17 tivities funded by a grant under this subsection 

18 shall be not more than 75 percent of the total 

19 project costs during the period for which the 

20 grant is made. 

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

22 increase the Federal share under subparagraph 

23 (A) to not more than 100 percent if the Admin24 istrator determines that a recipient of the grant 

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1 nificant financial hardship if required to pay, 

2 the non-Federal share. 

3 ‘‘(10) ELIGIBILITY FOR PERFORMANCE PART4 NERSHIP GRANTS.—Funds awarded under this sub5 section may be included in a performance partner6 ship grant in lieu of a grant under this subsection, 

7 as the Administrator determines to be appropriate. 

8 ‘‘(11) GRANTEE DATA COLLECTION AND RE9 PORTING.—A State or Indian Tribe that receives a 

10 grant under this subsection shall submit to the Ad11 ministrator an annual report describing— 

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

13 were used for the activities described in clauses 

14 (i) and (ii) of paragraph (2)(B) during the pre15 vious year; 

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

17 were used for projects at high-poverty schools; 

18 and 

19 ‘‘(C) any inspections, testing, and moni20 toring performed, and remediation measures 

21 carried out, during the previous year using the 

22 grant, including the number of schools and the 

23 number of students that were directly served. 

24 ‘‘(12) REPORTS.— 


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

2 after the date of enactment of this subsection, 

3 and every 2 years thereafter, the Administrator 

4 shall— 

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

6 submitted to the Administrator under 

7 paragraph (11), describing the results of 

8 the grant program under this subsection, 

9 including a description of— 

10 ‘‘(I) the States and Indian Tribes 

11 that were awarded a grant under this 

12 subsection; and 

13 ‘‘(II) the activities for which the 

14 States and Indian Tribes described in 

15 subclause (I) used the grant; 

16 ‘‘(ii) submit the report to— 

17 ‘‘(I) the Committee on Environ18 ment and Public Works of the Senate; 

19 ‘‘(II) the Committee on Health, 

20 Education, Labor, and Pensions of 

21 the Senate; 

22 ‘‘(III) the Committee on Energy 

23 and Commerce of the House of Rep24 resentatives; and 


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1 ‘‘(IV) the Committee on Edu2 cation and Labor of the House of 

3 Representatives; and 

4 ‘‘(iii) make the report publicly avail5 able on the website of the Environmental 

6 Protection Agency in each major language 

7 spoken in each school district that has ben8 efitted from grant funding under this sub9 section. 

10 ‘‘(B) PERIOD COVERED.—A report pre11 pared under subparagraph (A) shall cover— 

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

13 the period beginning on the date of enact14 ment of this subsection and ending on the 

15 date of submission of the report; and 

16 ‘‘(ii) in the case of each report there17 after, the 2-year period preceding the date 

18 of submission of the report. 

19 ‘‘(13) SAVINGS CLAUSE.—The ability of an In20 dian Tribe to receive a grant under this subsection 

21 does not limit or affect the authority of the Adminis22 trator under this title to establish other opportuni23 ties for Indian Tribes to apply for and receive pro24 gram authorization or funding. 


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1 ‘‘(14) AUTHORIZATION OF APPROPRIATIONS.— 

2 There is authorized to be appropriated to carry out 

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

4 years 2022 through 2032.’’. 

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

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

7 469; 90 Stat. 2003) is amended by striking the item relat8 ing to section 28 and inserting the following: 

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

9 SEC. 3. REAUTHORIZATION OF HEALTHY HIGH-PERFORM10 ANCE SCHOOLS. 

11 (a) GRANTS FOR HEALTHY SCHOOL ENVIRON12 MENTS.—Section 501 of the Toxic Substances Control Act 

13 (15 U.S.C. 2695) is amended to read as follows: 

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

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

16 ‘‘(1) EARLY CHILDHOOD EDUCATION PRO17 GRAM.—The term ‘early childhood education pro18 gram’ has the meaning given the term in section 103 

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

20 1003). 

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

22 term ‘eligible child care provider’ means a center23 based child care provider described in section 

24 658P(6)(A) of the Child Care and Development 

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


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

2 facility’ means— 

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

4 local educational agency; 

5 ‘‘(B) a facility operated by an early child6 hood education program; and 

7 ‘‘(C) a center-based child care facility oper8 ated by an eligible child care provider. 

9 ‘‘(4) ENVIRONMENTAL CONCERN.— 

10 ‘‘(A) IN GENERAL.—The term ‘environ11 mental concern’ means environmental problems, 

12 contaminants, hazardous substances, and pol13 lutant emissions, as described in section 

14 504(a)(3)(A). 

15 ‘‘(B) INCLUSION.—The term ‘environ16 mental concern’ includes poor indoor air qual17 ity. 

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

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

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

21 ‘local educational agency’ has the meaning given the 

22 term in section 8101 of the Elementary and Sec23 ondary Education Act of 1965 (20 U.S.C. 7801). 

24 ‘‘(b) AUTHORIZATION OF GRANTS.—The Adminis25 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 technical assistance to local edu4 cational agencies, early childhood education pro5 grams, and eligible child care providers in address6 ing environmental concerns in eligible facilities; and 

7 ‘‘(2) the development of State and Tribal pro8 grams to support the remediation of toxic substances 

9 in eligible facilities that include— 

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

11 construction, management, and renovation of 

12 the eligible facilities; 

13 ‘‘(B) the identification of— 

14 ‘‘(i) ongoing environmental problems, 

15 including environmental concerns, in the 

16 eligible facilities; and 

17 ‘‘(ii) recommended solutions to ad18 dress those problems, including assessment 

19 of information on the exposure of children 

20 to environmental hazards in eligible facili21 ties; and 

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

23 Tribal interagency memoranda of under24 standing for the implementation of programs 

25 described in this paragraph. 


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

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

3 or affect the authority of the Administrator under this 

4 title to establish other opportunities for Indian Tribes to 

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

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

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

8 (1) in subsection (a), by striking ‘‘, until the ex9 piration of authority described in section 501(b)’’; 

10 and 

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

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

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

14 ‘eligible facility’, ‘environmental concern’, and ‘In15 dian Tribe’ have the meanings given those terms in 

16 section 501(a). 

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

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

19 and Indian Tribes to make available informa20 tion relating to— 

21 ‘‘(i) the exposure of children to envi22 ronmental hazards in eligible facilities; 

23 ‘‘(ii) regulations and guidelines appli24 cable to identifying, remediating, and monVerDate Sep 11 2014 01:40 Aug 10, 2021 Jkt 019200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S2660.IS S2660

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1 itoring environmental hazards in eligible 

2 facilities; and 

3 ‘‘(iii) other materials that may assist 

4 States and Indian Tribes in addressing en5 vironmental concerns, including high-haz6 ard chemical products stored or used by el7 igible facilities for maintenance or instruc8 tion; and 

9 ‘‘(B) facilitate the biannual convening at 

10 the regional or national level of school stake11 holders, including parents, child health experts, 

12 researchers, nonprofit organizations, child care 

13 providers, States, and Indian Tribes that re14 ceive grants under sections 28(d) and 501 to 

15 meet with employees of the Environmental Pro16 tection Agency and other Federal agencies to 

17 discuss topics relating to— 

18 ‘‘(i) the environmental health of chil19 dren at eligible facilities; and 

20 ‘‘(ii) the prevention, identification, re21 mediation, and monitoring of contaminants 

22 in indoor air and other environmental 

23 health risks and threats relating to build24 ings and grounds of eligible facilities.’’. 


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1 (c) ENVIRONMENTAL HEALTH PROGRAM.—Section 

2 504 of the Toxic Substances Control Act (15 U.S.C. 

3 2695c) is amended— 

4 (1) in subsection (a)— 

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

6 by inserting ‘‘and not less frequently than once 

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

8 (B) in paragraph (3)(A)— 

9 (i) by redesignating clauses (v) 

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

11 respectively; and 

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

13 following: 

14 ‘‘(v) polychlorinated biphenyls; 

15 ‘‘(vi) perfluoroalkyl and 

16 polyfluoroalkyl substances;’’; 

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

18 the end; 

19 (D) in paragraph (7), by striking the pe20 riod at the end and inserting a semicolon; and 

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

22 ‘‘(8) provides technical assistance on best prac23 tices for the removal, remediation, and disposal of 

24 lead, asbestos, polychlorinated biphenyls, and other 

25 hazardous substances; and 


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1 ‘‘(9) collects an inventory of schools affected by 

2 lead, asbestos, polychlorinated biphenyls, and other 

3 hazardous substances.’’; and 

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

5 following: 

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

7 the maximum extent practicable, based on data submitted 

8 to the Administrator under section 28(d)(11) and any ad9 ditional data reported under section 503(a), the Adminis10 trator shall make publicly available— 

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

12 children to environmental hazards in school facili13 ties, including relating to indoor air quality; and 

14 ‘‘(2) an inventory of schools in which hazardous 

15 substances have been found, particularly hazardous 

16 substances with the highest prevalence and harm, 

17 such as lead, asbestos, and polychlorinated 

18 biphenyls.’’. 

19 (d) AUTHORIZATION OF APPROPRIATIONS.—Section 

20 505 of the Toxic Substances Control Act (15 U.S.C. 

21 2695d) is amended by striking ‘‘There are authorized’’ 

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

23 is authorized to be appropriated to carry out this title 

24 $10,000,000 for each of fiscal years 2022 through 2032’’. 

Æ 


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