Get Toxic Substances Out of Schools Act of 2024

“(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).”

“(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.”

“(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.”

“(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.”