[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9131 Introduced in House (IH)]

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118th CONGRESS
  2d Session
                                H. R. 9131

 To authorize a national program to reduce the threat to human health 
 posed by exposure to indoor air contaminants, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 25, 2024

 Mr. Tonko (for himself and Mr. Fitzpatrick) introduced the following 
    bill; which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
 To authorize a national program to reduce the threat to human health 
 posed by exposure to indoor air contaminants, 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 ``Indoor Air Quality and Healthy 
Schools Act of 2024''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Covered childcare facility.--The term ``covered 
        childcare facility'' means a facility used by an early 
        childhood education program.
            (3) Early childhood education program.--The term ``early 
        childhood education program'' has the meaning given to that 
        term in section 103 of the Higher Education Act of 1965 (20 
        U.S.C. 1003).
            (4) Indoor.--The term ``indoor'' means the enclosed 
        portions of buildings, including nonindustrial workplaces, 
        public buildings, Federal buildings, schools, childcare 
        facilities, commercial buildings, and residences.
            (5) Indoor air contaminant.--The term ``indoor air 
        contaminant'' means any solid, liquid, semisolid, dissolved 
        solid, biogenic agent, aerosol, or gaseous material, including 
        combinations or mixtures of substances, in indoor air which may 
        reasonably be anticipated to have an adverse effect on human 
        health.
            (6) Indoor contaminant of concern.--The term ``indoor 
        contaminant of concern'' means an indoor air contaminant that--
                    (A) is among the most commonly occurring and poses 
                a risk to human health; or
                    (B) is less commonly occurring and poses a 
                significant risk to human health.
            (7) Local educational agency.--The term ``local educational 
        agency'' means--
                    (A) a local educational agency (as defined in 
                section 8101 of the Elementary and Secondary Education 
                Act of 1965 (20 U.S.C. 7801)); or
                    (B) a Tribal education agency (as the term ``tribal 
                education agency'' is defined in section 3 of the 
                National Environmental Education Act (20 U.S.C. 5502)).
            (8) State.--The term ``State'' includes each of the several 
        States, the District of Columbia, Puerto Rico, the Virgin 
        Islands, Guam, American Samoa, and the Commonwealth of the 
        Northern Mariana Islands.

SEC. 3. INDOOR AIR QUALITY PROGRAM.

    (a) In General.--The Administrator shall carry out a program to 
support the assessment, reduction, and avoidance of exposure to indoor 
air contaminants to reduce risks to human health.
    (b) Responsibilities.--In carrying out the program under subsection 
(a), the Administrator shall support the assessment, reduction, and 
avoidance of exposure to indoor air contaminants to reduce risks to 
human health, including by--
            (1) carrying out research, development, and demonstration 
        activities pursuant to the Radon Gas and Indoor Air Quality 
        Research Act of 1986 (42 U.S.C. 7401 note);
            (2) listing indoor contaminants of concern, and developing 
        guidelines for such indoor contaminants of concern, under 
        section 4;
            (3) providing training, education, outreach, and technical 
        assistance to eliminate or reduce indoor air contaminants, 
        including by effective source control, ventilation, and 
        filtration practices;
            (4) carrying out or recognizing voluntary certifications to 
        identify and promote buildings that are most effective at 
        improving indoor air quality under section 7;
            (5) supporting efforts to improve indoor air quality in 
        buildings used by local educational agencies and covered 
        childcare facilities under section 8;
            (6) ensuring effective consultation and coordination among 
        Federal agencies in carrying out programs related to indoor air 
        quality, including the Department of Labor, the Department of 
        Energy, the Centers for Disease Control and Prevention, the 
        Department of Housing and Urban Development, the Department of 
        Health and Human Services, the Department of Education, the 
        Department of Defense, the Federal Emergency Management Agency, 
        the Consumer Product Safety Commission, and other appropriate 
        agencies carrying out programs related to indoor air quality;
            (7) supporting State, local, and Tribal governments, local 
        educational agencies, housing authorities, and other entities 
        to develop and implement indoor air quality management 
        strategies, educational campaigns, assessments, guidelines, 
        standards, and response programs;
            (8) providing information, guidance, and assistance to the 
        public, including building owners and occupants, on--
                    (A) health-related risks of exposure to indoor air 
                contaminants; and
                    (B) effective measures and programs for reducing or 
                avoiding exposure to indoor air contaminants;
            (9) supporting development and adoption of standardized 
        methods, techniques, and protocols for assessing, measuring, 
        and sampling indoor air to determine the presence and 
        concentrations of indoor air contaminants;
            (10) supporting development and adoption of control 
        technologies, building design criteria, and management 
        practices to prevent the entrance of contaminants into 
        buildings and to reduce or mitigate emissions from indoor 
        sources;
            (11) assessing the effectiveness of methods, techniques, 
        protocols, response plans, products, and technologies to reduce 
        or avoid exposure to indoor air contaminants;
            (12) supporting the development and adoption of model 
        provisions, to be incorporated into building codes for various 
        types of buildings, designed to improve indoor air quality 
        while taking into account comfort, safety, and energy 
        conservation goals;
            (13) supporting development and adoption of control 
        technologies, building design criteria, and management 
        practices to improve indoor air quality and building resilience 
        against the impacts of more frequent extreme weather events and 
        other consequences of climate change; and
            (14) ensuring consideration of disadvantaged communities 
        and individuals in carrying out the program authorized under 
        subsection (a), including by providing access to financial 
        assistance, technical assistance, and other offerings developed 
        pursuant to this Act for all people regardless of income, race, 
        color, national origin, Tribal affiliation, or disability.

SEC. 4. GUIDELINES FOR INDOOR CONTAMINANTS OF CONCERN.

    (a) List.--
            (1) In general.--The Administrator shall establish and 
        maintain a list of indoor contaminants of concern.
            (2) Contents.--The list under paragraph (1) may--
                    (A) include combinations or mixtures of 
                contaminants; and
                    (B) refer to such combinations or mixtures by a 
                common name.
            (3) Initial list.--Not later than 5 years after the date of 
        enactment of this Act, the Administrator shall establish the 
        initial list under paragraph (1).
    (b) Minimum Contaminants on Initial List.--At a minimum, the 
initial list established under subsection (a) shall include--
            (1) particulate matter;
            (2) carbon monoxide;
            (3) nitrogen dioxide;
            (4) ozone;
            (5) formaldehyde; and
            (6) radon.
    (c) Indoor Air Quality Guidelines.--
            (1) In general.--The Administrator shall publish science-
        based, voluntary guidelines for each indoor contaminant of 
        concern listed under subsection (a).
            (2) Guideline components.--A guideline published under this 
        subsection shall--
                    (A) include information and a range of 
                recommendations for operation and maintenance of 
                existing buildings, the design and construction of new 
                buildings, building renovation, and such other 
                activities as are necessary to identify, and reduce or 
                prevent exposure to, the indoor contaminant of concern 
                listed under subsection (a);
                    (B) be designed to achieve significant risk 
                reduction;
                    (C) be technologically achievable and readily 
                implementable;
                    (D) take into consideration safety, energy, and 
                other relevant factors;
                    (E) include an assessment of effectiveness and 
                cost; and
                    (F) be based on available research and expertise.
            (3) Concentration limits.--
                    (A) In general.--Each guideline published under 
                this subsection shall, upon the Administrator making a 
                determination that sufficient scientific evidence 
                exists, include a recommended health-based limit on 
                concentration levels of indoor contaminants of concern.
                    (B) Best available science; lowest level of 
                exposure.--A limit under subparagraph (A)--
                            (i) shall be based on the best available 
                        science; and
                            (ii) may include a range that includes--
                                    (I) a concentration level at which 
                                a healthy adult should take action to 
                                reduce exposure; and
                                    (II) a concentration level at which 
                                there is evidence of adverse human 
                                health effects in susceptible 
                                subpopulations, such as infants, 
                                children, pregnant women, workers, and 
                                the elderly.
                    (C) Insufficient evidence.--If the Administrator 
                determines insufficient evidence exists to set a 
                health-based concentration limit for an indoor 
                contaminant of concern listed under subsection (a), the 
                Administrator shall publish a report not later than 1 
                year after making such determination, which shall 
                identify--
                            (i) studies and other activities to be 
                        taken to develop the evidence necessary to set 
                        a health-based concentration limit; and
                            (ii) resources necessary to carry out 
                        activities under clause (i).
                    (D) Interim guidelines.--While the Administrator 
                develops sufficient scientific evidence to set a 
                recommended health-based concentration limit for an 
                indoor contaminant of concern under subparagraph (A), 
                the Administrator shall publish interim guidelines, 
                which shall include best practices to reduce exposure 
                to such indoor contaminant of concern.
    (d) Review and Revision.--Not less than every five years, the 
Administrator shall review and, as necessary, revise--
            (1) the list of indoor contaminants of concern under 
        subsection (a); and
            (2) the guidelines published under subsection (c).
    (e) Consultation.--In developing, reviewing, and revising the 
guidelines published under subsection (c), the Administrator shall 
consult with organizations and individuals having demonstrated 
expertise in indoor air quality, public health, and building systems.
    (f) Consistency With Indoor Air Regulations of Other Federal 
Agencies.--
            (1) Labor.--
                    (A) Consistency with certain regulations.--The 
                Administrator shall, after consultation with the 
                Secretary of Labor, ensure that the guidelines 
                published under subsection (c) are consistent with any 
                Federal workplace regulations addressing indoor air 
                quality risks.
                    (B) Additional voluntary actions.--Notwithstanding 
                subparagraph (A), the guidelines published under 
                subsection (c) may recommend additional voluntary 
                actions to protect persons other than workers covered 
                by such guidelines from indoor contaminants of concern 
                listed under subsection (a).
            (2) Energy.--The Administrator shall, after consultation 
        with the Secretary of Energy, ensure that the guidelines 
        published under subsection (c) are consistent with applicable 
        energy conservation and efficiency statutes and regulations 
        administered by the Secretary.

SEC. 5. INDOOR AIR QUALITY INDEX.

    (a) In General.--The Administrator shall seek to enter, not later 
than 1 year after the date of enactment of this Act, into an agreement 
with the National Academy of Sciences under which the Academy agrees to 
conduct a study to assess the feasibility of developing a science-based 
indoor air quality index aimed at informing action for the protection 
of public health.
    (b) Report.--Not later than 2 years after entering into an 
agreement with the Administrator under subsection (a), the Academy 
shall submit to the Congress and the Administrator a report, which 
shall--
            (1) make recommendations to support the development of an 
        indoor air quality index while ensuring that such proposed 
        index--
                    (A) communicates to the public in clear and simple 
                terms the level of concern and description of indoor 
                air quality;
                    (B) considers health risks for certain sensitive 
                groups of people;
                    (C) addresses the feasibility of assessing indoor 
                air quality through low-cost, real-time sensors and 
                monitoring equipment; and
                    (D) allows for updates to account for developments 
                in science and harmonization with indoor air quality 
                guidelines developed under section 4;
            (2) proposes methodologies, inputs, measurements, 
        techniques, and equations to calculate a science-based 
        assessment of indoor air quality; and
            (3) identifies limitations and challenges to the 
        development of an indoor air quality index.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated $1,000,000, to remain available until expended, to carry 
out this section.

SEC. 6. INDOOR AIR QUALITY ASSISTANCE.

    (a) In General.--The Administrator may provide technical assistance 
and financial assistance, which may include grants, to State, local, 
and Tribal governments, local educational agencies, housing 
authorities, nonprofit organizations, and other persons to develop and 
implement programs to assess and improve indoor air quality.
    (b) Use of Funds.--Financial assistance awarded under this section 
shall be used to support one or more of the following:
            (1) The development and implementation of educational 
        programs, training and technical assistance programs, 
        assessment and monitoring programs, benchmarking programs, 
        response programs, and other activities designed to reduce 
        human exposure to indoor air contaminants.
            (2) Mitigation of health risks from indoor air contaminants 
        due to more frequent extreme weather events and other 
        consequences of climate change.
            (3) Adoption or adaptation by State, local, and Tribal 
        governments of indoor air quality guidelines published pursuant 
        to section 4, or development and adoption of indoor air quality 
        standards based on such guidelines, including development of 
        assessment and compliance programs needed to implement such 
        standards.
    (c) Matching Requirement.--The Federal share of the cost of the 
activities for which financial assistance is awarded under this section 
shall not exceed 75 percent of the total cost of such activities.

SEC. 7. HEALTHY BUILDING CERTIFICATIONS.

    (a) In General.--The Administrator shall provide for one or more 
types of voluntary certifications of buildings that are built, 
operated, and maintained to prevent or minimize indoor air health risks 
in an exemplary manner.
    (b) Requirements.--For a building to be certified under this 
section, the owner or operator of the building--
            (1) shall adhere to applicable guidelines published by the 
        Administrator pursuant to section 4; and
            (2) shall develop and maintain an indoor air quality 
        management plan in accordance with best practices developed or 
        approved by the Administrator.
    (c) Consideration.--A certification process under subsection (a) 
may recognize actions taken by the owners and operators of existing 
buildings to improve indoor air quality using the most effective source 
control, air filtration, ventilation, and other best practices, 
techniques, and products.
    (d) Option for Third-Party Administration.--The Administrator may--
            (1) carry out a certification process under subsection (a) 
        directly; or
            (2) recognize a certification process under subsection (a) 
        that is developed and administered through a third party.

SEC. 8. HEALTHY SCHOOLS.

    (a) Assessment of Schools and Covered Childcare Facilities.--
            (1) In general.--The Administrator shall conduct a national 
        assessment of indoor air quality in buildings used by local 
        educational agencies and covered childcare facilities.
            (2) Assessment contents.--The assessment under this 
        section, including updates thereto--
                    (A) shall include data and metrics, as determined 
                appropriate by the Administrator, to track progress in, 
                and challenges to, improving the indoor air quality in 
                buildings used by local educational agencies and 
                covered child care facilities;
                    (B) shall assess whether buildings used by local 
                educational agencies and covered childcare facilities 
                achieve acceptable indoor air quality by meeting 
                minimum ventilation rate requirements and other factors 
                as set forth by widely recognized best practices and 
                standards, as determined appropriate by the 
                Administrator, such as ANSI/ASHRAE Standard 62.1-2022, 
                Ventilation and Acceptable Indoor Air Quality; and
                    (C) may be conducted through a survey, an onsite 
                representative sampling of buildings (accounting for 
                geography and building size, type, and age), or other 
                methods or combination of methods determined 
                appropriate by the Administrator to accurately assess 
                the condition of buildings used by local educational 
                agencies and covered childcare facilities throughout 
                the country.
            (3) Advisory group.--
                    (A) Establishment.--The Administrator shall 
                establish an advisory group to provide guidance and 
                direction in the development of the initial national 
                assessment under this subsection.
                    (B) Members.--The advisory group under subparagraph 
                (A) shall include representatives of--
                            (i) school administrators, teachers, 
                        maintenance staff, and other people working in 
                        buildings described in paragraph (1), labor 
                        organizations, childcare providers, and parents 
                        and caregivers; and
                            (ii) other interested parties, including 
                        scientific and technical experts familiar with 
                        indoor air contaminant exposures, effects, and 
                        controls.
            (4) Initial assessment; updates.--
                    (A) Initial assessment.--Not later than 3 years 
                after the date of enactment of this Act, the 
                Administrator shall conduct the initial national 
                assessment under paragraph (1).
                    (B) Updates.--Not less than five years following 
                the completion of the initial national assessment under 
                subparagraph (A), and each five years thereafter, the 
                Administrator shall carry out an update of the previous 
                national assessment under this subsection, accounting 
                for--
                            (i) the number of schools certified 
                        pursuant to subsection (c); and
                            (ii) changes in the guidelines, best 
                        practices, and other support published by the 
                        Administrator to improve indoor air quality.
            (5) Reports to congress.--Upon completing each national 
        assessment under this subsection, the Administrator shall--
                    (A) submit to the Congress a report on the results 
                of such assessment; and
                    (B) include in each such report such 
                recommendations as the Administrator determines to be 
                appropriate for activities or programs to reduce and 
                avoid indoor air contaminants in buildings used by 
                local educational agencies and covered childcare 
                facilities.
    (b) Technical Assistance and Other Support.--
            (1) In general.--The Administrator shall develop and 
        promote guidance, best practices, technical assistance, 
        training, outreach, and other support to improve indoor air 
        quality in buildings used by a local educational agency or a 
        covered childcare facility.
            (2) Considerations.--The Administrator shall tailor 
        guidance, best practices, technical assistance, training, 
        outreach, and other support under paragraph (1) to the needs 
        of--
                    (A) students;
                    (B) parents and caregivers;
                    (C) educators;
                    (D) childcare providers;
                    (E) maintenance staff and other employees 
                responsible for operating and maintaining buildings 
                referred to in paragraph (1);
                    (F) Indian Tribes; and
                    (G) low-income and disadvantaged communities.
    (c) Healthy School Certification.--The Administrator shall ensure 
that at least one type of certification carried out or recognized 
pursuant to section 7 is applicable to buildings used by local 
educational agencies and covered childcare facilities.
    (d) Interagency Coordination.--The Administrator shall coordinate 
with the Secretary of Education, the Secretary of Energy, the Secretary 
of Labor, and the heads of other relevant Federal agencies, to ensure 
that any Federal assistance made available to local educational 
agencies or covered childcare facilities for building construction, 
alteration, repair, and maintenance is consistent with any guidance and 
best practices developed by the Administrator under this Act.

SEC. 9. RELATION TO OTHER LAW.

    (a) General Authority.--Nothing in this Act shall be construed, 
interpreted, or applied to preempt, displace, or supplant any other 
State or Federal law, whether statutory or common, or any local 
ordinance.
    (b) Occupational Safety and Health.--In exercising any authority 
under this Act, the Administrator shall not, for purposes of section 
4(b)(1) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 
653(b)(1)), be deemed to be exercising statutory authority to prescribe 
or enforce standards or regulations affecting occupational safety and 
health.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated $100,000,000 for each of 
fiscal years 2025 through 2029 to carry out this Act.
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