H.R. 5123

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5123 Introduced in House (IH)]

<DOC>

119th CONGRESS
1st Session
H. R. 5123

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

September 3, 2025

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 2025''.

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 publishing 
guidelines for such indoor contaminants of concern, under 
section 4;
(3) providing training, education, outreach, and technical 
assistance to identify, eliminate, or reduce indoor air 
contaminants, including by effective monitoring, source 
control, ventilation, and filtration practices;
(4) providing training, education, outreach, and technical 
assistance to support the monitoring of humidity levels and the 
inspection, testing, prevention, and remediation of mold;
(5) carrying out or recognizing voluntary certifications to 
identify and promote buildings that are most effective at 
preventing or minimizing risks to health from indoor air 
contaminants under section 7;
(6) supporting efforts to improve indoor air quality in 
buildings used by local educational agencies and covered 
childcare facilities under section 9;
(7) 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 
Occupational Safety and Health Administration, the National 
Institute for Occupational Safety and Health, 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;
(8) 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;
(9) 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;
(10) supporting development and adoption of standardized 
methods, techniques, minimum product requirements, and 
protocols for assessing, measuring, and sampling indoor air to 
determine the presence and concentrations of indoor air 
contaminants;
(11) 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;
(12) assessing the effectiveness of methods, techniques, 
protocols, response plans, products, and technologies to reduce 
or avoid exposure to indoor air contaminants;
(13) 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;
(14) 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
(15) ensuring consideration of disadvantaged communities 
and individuals in carrying out such program, 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, gender, 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 representatives from non-profit, professional, private 
sector, governmental, and labor organizations, and individuals, having 
demonstrated expertise in indoor air quality, public health, building 
systems, industrial hygiene, environmental engineering, toxicology, and 
environmental health and safety.
(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, labor 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 risks to health from 
indoor air contaminants 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 one or more certification processes under 
subsection (a) that are developed and administered through a 
third party.

SEC. 8. MODEL PROVISIONS FOR BUILDING DESIGN, OPERATION, AND 
MAINTENANCE.

(a) Model Provisions for Authorities Having Jurisdiction.--Not 
later than 1 year after the date of enactment of this Act, the 
Administrator shall recommend one or more model provisions for building 
design, operation, and maintenance for use by States and local 
jurisdictions in establishing and implementing building codes.
(b) Components of Model Provisions.--The model provisions 
recommended under this section shall--
(1) establish minimum requirements that address 
ventilation, filtration, air cleaning, and design, operation, 
and maintenance of relevant building systems (including 
equipment, filtration, and controls); and
(2) address acceptable indoor air quality and may include 
control of infectious aerosols and indoor contaminants of 
concern.
(c) Consideration of Model Provisions.--In accordance with section 
12(d) of the National Technology Transfer and Advancement Act of 1995 
(15 U.S.C. 272 note), the Administrator shall consider technical 
standards that are developed or adopted by voluntary consensus 
standards bodies in the development of recommendations under this 
section.
(d) Consultation.--In recommending model provisions under this 
section, the Administrator shall consult with organizations, including 
non-profit, professional, private sector, governmental, and labor 
organizations, having demonstrated expertise in building systems and 
indoor air quality, public health, indoor chemistry, building codes and 
standards, and above-code building programs.
(e) No Conflict With Model Energy Code or Standard.--The 
Administrator shall consult with the Secretary of Energy to ensure that 
model provisions recommended under this section do not conflict with a 
model energy code or standard for which the Secretary has made an 
affirmative determination under section 304 of the Energy Conservation 
and Production Act, provided that such recommended model provisions may 
be additive and more stringent than related provisions of the model 
energy code or standard.
(f) Review and Revision.--The Administrator shall, not less than 
once every three years, review and revise (as necessary), in accordance 
with this section, the recommendations for model provisions developed 
under this section.
(g) Cost and Benefit.--Not less than 12 months following a 
recommendation for model provisions under this section, the 
Administrator shall determine the incremental costs and the 30-year 
health benefits associated with compliance with the model provisions 
for new single-family homes, multifamily dwelling units, and a 
representative set of commercial building prototypes.

SEC. 9. 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 national 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 United States.
(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 Health and Human Services, 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. 10. 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 considered to be exercising statutory authority to 
prescribe or enforce standards or regulations affecting occupational 
safety or health.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated $100,000,000 for each of 
fiscal years 2026 through 2030 to carry out this Act (other than 
section 5).
<all>