On November 20, 2024, Senator Ed Markey (D-MA) and Representative Jennifer McClellan (D-VA) introduced the Get Toxic Substances Out of Schools Act of 2024. This is the third consecutive Congress in which Senator Markey has introduced similar legislation. The 118th Congress version, S. 5363 and H.R. 10173, builds on earlier versions by authorizing new grants to address indoor air quality in schools and childcare centers. Congress is unlikely to act on this legislation in the few remaining weeks of the 118th Congress. Introduction of legislation at this late date is more likely an indicator that Senator Markey will continue to pursue this issue in the 119th Congress that convenes January 3, 2025.

There are three main parts to the bill. The bill amends Toxic Substances Control Act (TSCA) Section 28 and authorizes grants for $52 billion over ten years to monitor, assess, and remediate hazardous substances in schools and childcare centers. The bill amends TSCA Title V (TSCA Sections 501-504) by expanding the list of environmental hazards to include polychlorinated biphenyls (PCB) and perfluoroalkyl and polyfluoroalkyl substances (PFAS), and by authorizing $100 million over ten years for the Healthy High-Performance Schools program. Finally, the bill authorizes one billion dollars over ten years to assess, monitor, and improve indoor air quality in schools and childcare centers.

Congress is likely to consider legislation to address TSCA in the 119th Congress. This is due to the pending expiration of user fees on September 30, 2026. Senator Markey’s legislation could be considered relevant to other legislation that will address TSCA in the next Congress.