[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3364 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 3364

 To improve the health and academic achievement of students in highly 
             polluted environments, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 27, 2020

  Mr. Booker introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To improve the health and academic achievement of students in highly 
             polluted environments, 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 ``Clean Air Sharp Minds Act''.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to improve the health and academic achievement of 
        students in highly polluted environments;
            (2) to demonstrate the impacts of clean air at school on 
        student learning and well-being; and
            (3) to support the Nation's schools to advance 
        environmental justice.

SEC. 3. FINDINGS.

    Congress finds the following:
            (1) Substantial research demonstrates that air pollution 
        negatively impacts health and cognition.
            (2) More than 1 in 5 public schools in the United States 
        are located within a mile of a toxic release site. Nearly 1 in 
        11 public schools, serving 4,400,000 students, are less than 
        500 feet from a major road.
            (3) According to a 2017 report, 4 percent of schools 
        serving predominantly White students are next to major roads, 
        while 15 percent of schools serving largely students of color 
        are next to major roads.
            (4) Indoor levels of air pollutants can be 2 to 5 times 
        higher, and sometimes 100 times higher, than outdoor levels. In 
        2014, nearly half of schools in the United States reported 
        having problems related to indoor air quality.
            (5) Schools in poor repair may have additional air quality 
        problems, including lead, asbestos, dust, and radon 
        contamination.
            (6) Poor indoor air quality increases the risk of severe 
        asthma attacks and allergic reactions. Asthma is the leading 
        cause of missed school days in the United States.
            (7) High-performance air filters can decrease indoor 
        particulate matter by 90 percent.
            (8) Research demonstrates the potential for school air 
        filters to improve student learning. In 2016, commercial air 
        filters were installed in every classroom, office, and common 
        area of 18 public schools in Los Angeles. Controlling for 
        student demographics, mathematics test scores at these schools 
        improved dramatically, nearly matching the impact of reducing 
        class sizes by a third, and gains persisted the following the 
        year.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Commercial air filter.--The term ``commercial air 
        filter'' means an air filter unit that--
                    (A) removes particulate matter (including mold, 
                smoke, dust, lead, soot, and allergens from pests) and 
                gaseous pollutants (including carbon monoxide, sulfur 
                dioxide, and volatile organic compounds);
                    (B) does not produce any ozone;
                    (C) meets the American Society of Heating, 
                Refrigerating, and Air-Conditioning Engineers (ASHRAE) 
                Minimum Efficiency Reporting Value (MERV) of 13 (or the 
                equivalent, using a different rating system); and
                    (D) contains activated carbon (charcoal) and a HEPA 
                particle filter.
            (3) Eligible school.--The term ``eligible school'' means a 
        public elementary school or secondary school, as such terms are 
        defined in section 8101 of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 7801).
            (4) Environmental justice.--The term ``environmental 
        justice'' means the fair treatment and meaningful involvement 
        of all individuals, regardless of race, color, national origin, 
        educational level, or income, with respect to the development, 
        implementation, and enforcement of environmental laws, 
        regulations, and policies to ensure that--
                    (A) populations of color, communities of color, 
                indigenous communities, and low-income communities have 
                access to public information and opportunities for 
                meaningful public participation relating to human 
                health and environmental planning, regulations, and 
                enforcement;
                    (B) no population of color or community of color, 
                indigenous community, or low-income community shall be 
                exposed to a disproportionate burden of the negative 
                human health and environmental impacts of pollution or 
                other environmental hazards; and
                    (C) the ``17 Principles of Environmental Justice'', 
                written and adopted at the First National People of 
                Color Environmental Leadership Summit held on October 
                24 through 27, 1991, in Washington, DC, are upheld.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.

SEC. 5. DEMONSTRATION PROGRAM AUTHORIZED.

    (a) In General.--Not later than 6 months after the date of 
enactment of this Act, the Secretary and the Administrator shall enter 
into a memorandum of understanding to jointly administer the School Air 
Filters Demonstration Program described in this section for a 3-year 
period.
    (b) Selection of Eligible Schools.--
            (1) Selection of eligible schools.--Not later than 12 
        months after the date of enactment of this Act, the Secretary 
        and the Administrator shall select a minimum of 175 eligible 
        schools to participate in the School Air Filters Demonstration 
        Program.
            (2) Priority.--In selecting eligible schools under this 
        subsection, the Secretary and the Administrator shall do so 
        with the purpose of advancing environmental justice, giving 
        priority--
                    (A) first, to eligible schools that are located in 
                a nonattainment area for PM2.5, PM10, or ozone;
                    (B) second, to eligible schools that have school 
                facilities that pose a severe health and safety threat 
                to students and staff; and
                    (C) third, to eligible schools that have a high 
                concentration of students from a low-income family.
            (3) Considerations in selection.--In selecting eligible 
        schools under this subsection, the Secretary and the 
        Administrator--
                    (A) shall seek to select eligible schools that 
                represent--
                            (i) a mix of elementary schools, middle 
                        schools, and high schools; and
                            (ii) a mix of urban, suburban, and rural 
                        schools; and
                    (B) may consider any other eligibility requirements 
                that the Secretary and the Administrator determine are 
                necessary to carry out the purposes of this Act.
    (c) Agreement To Participate.--The Secretary and the Administrator 
shall seek to enter into a written agreement with each eligible school 
selected under subsection (b) to ensure that the eligible school 
desires to participate in the School Air Filters Demonstration Program. 
The Secretary and the Administrator shall carry out the activities 
under subsection (d) only with respect to participating eligible 
schools that enter into such an agreement.
    (d) Use of Funds.--
            (1) In general.--The Secretary and the Administrator 
        shall--
                    (A) purchase commercial air filters for the 
                buildings of each participating eligible school;
                    (B) install a commercial air filter in every 
                classroom, office, and common area that students access 
                in each such school;
                    (C) maintain those air filters for a period of 3 
                years, including by ensuring the replacement of the 
                internal carbon filters of those air filters according 
                to a frequency as indicated by the manufacturer;
                    (D) provide technical support to eligible schools 
                participating in the program, including training school 
                staff on how to properly use the air filters; and
                    (E) using not more than 3.5 percent of the funds 
                appropriated under subsection (f), collect, analyze, 
                and submit data that is necessary for the report and 
                evaluation described in subsection (e).
            (2) Use of contractor.--
                    (A) In general.--Subject to subparagraph (B), the 
                activities described in subparagraphs (B) and (C) of 
                paragraph (1) may be carried out by an entity that--
                            (i) has a contract to do so with the 
                        Administrator; and
                            (ii) has a State or local license or 
                        certification from a relevant professional 
                        organization allowing the entity to install and 
                        maintain air filter units.
                    (B) Collective bargaining agreement.--
                Notwithstanding subparagraph (A), if a school or local 
                educational agency's collective bargaining agreement 
                stipulates that a school staff member carry out the 
                activities described in subparagraphs (B) or (C) of 
                paragraph (1), the Administrator shall coordinate with 
                the local educational agency to arrange for school 
                staff to carry out those activities. Nothing in this 
                Act shall be construed to interfere with a collective 
                bargaining agreement.
    (e) Reports and Evaluation.--
            (1) Annual reports.--The Secretary and the Administrator 
        shall prepare and submit to Congress an annual report 
        containing--
                    (A) metrics that demonstrate the indoor air quality 
                (at a minimum, PM2.5 levels, as well as any other air 
                pollutants that the Administrator determines necessary 
                to test) at 3 locations within each participating 
                eligible school before installation of the commercial 
                air filters, and subsequently twice per academic year, 
                ensuring that the locations of that testing are kept 
                consistent for each test);
                    (B) the pollutants that are captured by the air 
                filters at participating eligible schools, as 
                determined by annual tests conducted on the used air 
                filters;
                    (C) metrics that demonstrate the academic outcomes 
                of students at each participating eligible school 
                (including standardized test scores);
                    (D) rates of suspension at each participating 
                eligible school; and
                    (E) rates of school absence by students at each 
                participating eligible school, including rates of 
                school absence relating to asthma and other health 
                measures.
            (2) Evaluation.--At the end of the 3-year School Air 
        Filters Demonstration Program, the Secretary and the 
        Administrator shall prepare and submit a report to Congress 
        that includes an evaluation of the effectiveness of the School 
        Air Filters Demonstration Program, including an analysis of the 
        impact of the commercial air filters on student academic 
        achievement and well-being, and on the program's potential to 
        advance environmental justice. The evaluation shall include 
        recommendations based on the findings from the School Air 
        Filters Demonstration Program.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this Act $20,000,000 for fiscal year 2021.
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