Union Calendar No. 319

103D CONGRESS

2D SESSION H. R. 2448

[Report No. 103–574]

A BILL

To improve the accuracy of radon testing products

for other purposes.and services, to increase testing for radon, and

JUNE 30, 1994

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 319

103D CONGRESS

2D SESSION H. R. 2448

[Report No. 103–574]

To improve the accuracy of radon testing products and services, to increase

testing for radon, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JUNE 17, 1994

Mr. MARKEY (for himself, Mr. WAXMAN, Mr. SWIFT, and Mr. HASTERT) introduced the following bill; which was referred to the Committee on Energy and Commerce

JUNE 30, 1994

Additional sponsors: Mr. BEILENSON, Mr. MILLER of California, Mr. DELLUMS, Mr. LIPINSKI, Mr. FOGLIETTA, Mrs. SCHROEDER, Mr. LEWIS of

Georgia, and Mr. BARRETT of Wisconsin

JUNE 30, 1994

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on June 17, 1993]

A BILL

To improve the accuracy of radon testing products and services, to increase testing for radon, and for other purposes.
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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Radon Awareness and

5 Disclosure Act of 1994’’.

6 SEC. 2. FINDINGS.

7 The Congress finds the following:

8 (1) The Environmental Protection Agency has

9 determined that radon is second only to smoking as

10 the leading cause of lung cancer, resulting in an esti11 mated 7,000 to 30,000 deaths each year.

12 (2) Testing for elevated levels of radon is rel13 atively simple and inexpensive.

14 (3) There is not an adequate effort by Federal

15 agencies to encourage testing for radon.

16 (4) Efforts to encourage testing have had limited

17 results, reaching only a small percentage of homes to

18 date.

19 (5) The lack of a mandatory certification process

20 leads to inaccurate radon testing, ineffective radon

21 mitigation, erosion of public confidence in the indus22 try, and a waste of consumer investment.

23 (6) Increased public awareness of the dangers of

24 radon gas and the means to mitigate its effects will
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1 lead to more informed decision making and a more

2 productive use of resources.

3 SEC. 3. DEFINITIONS.

4 Section 302 of the Toxic Substances Control Act (15

5 U.S.C. 2662) is amended by adding the following at the

6 end thereof:

7 ‘‘(5) The term ‘vulnerable premises’ means any

8 frequently occupied space below the third floor of any

9 building (other than a building used for industrial

10 purposes).

11 ‘‘(6) The term ‘high radon area’ means any

12 county designated by the Administrator as having a

13 predicted average indoor screening level for radon

14 greater than 4 pCi/L, using the methodology described

15 by the Environmental Protection Agency in the report

16 entitled ‘Map of Radon Zones: National Report (De17 cember 3, 1993)’, including any amendments or revi18 sions thereto.’’.

19 SEC. 4. NEW CONSTRUCTION.

20 Section 304 of the Toxic Substances Control Act (15

21 U.S.C. 2664) is amended as follows:

22 (1) By striking the section heading thereof and

23 inserting ‘‘NEW CONSTRUCTION.’’.
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1 (2) By inserting ‘‘(a) MODEL STANDARDS AND

2 TECHNIQUES.—’’ before the first sentence and striking

3 the last 2 sentences.

4 (3) By adding the following at the end:

5 ‘‘(b) FINALIZATION OF MODEL STANDARDS.—Not later

6 than 3 months after enactment of this subsection, the Ad7 ministrator shall promulgate model construction standards

8 for controlling radon levels in new vulnerable premises

9 which are located in high radon areas and which are cov10 ered by the model standards published by the Administrator

11 on March 21, 1994 (59 Fed. Reg. 13402). Not later than

12 2 years after the enactment of this subsection, the Adminis13 trator shall promulgate model construction standards for

14 controlling radon levels in new vulnerable premises which

15 are located in high radon areas and which are not covered

16 by such proposed model standards. The model standards

17 shall achieve significant radon risk reduction and be tech18 nologically achievable and readily implementable. The Ad19 ministrator may, where appropriate, promulgate model

20 standards for controlling radon levels in new vulnerable

21 premises in other areas designated by the Administrator.

22 ‘‘(c) PROMOTION OF CODE AND STATE ADOPTION.—

23 (1) The Administrator shall work to ensure that organiza24 tions responsible for developing national model codes for

25 new vulnerable premises adopt, and State and local au-
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1 thorities which regulate construction of new vulnerable

2 premises adopt and enforce, the model construction stand3 ards promulgated under subsection (b).

4 ‘‘(2) If the Administrator determines that an organiza5 tion responsible for developing national model codes for new

6 vulnerable premises has adopted standards for controlling

7 radon levels in new vulnerable premises that are at least

8 as protective of human health and the environment as the

9 model construction standards promulgated under subsection

10 (b), such standards shall be certified as equivalent to the

11 model construction standards promulgated under subsection

12 (b).

13 ‘‘(3) At the same time that the Administrator promul14 gates model construction standards under subsection (b), the

15 Administrator shall publish a pamphlet that describes the

16 standards and their costs and benefits. The Administrator

17 shall work with interested parties to achieve the broad dis18 tribution of the pamphlet. Such distribution may be coordi19 nated with the distribution of the pamphlet distributed

20 under section 310.

21 ‘‘(d) INCENTIVE FOR VOLUNTARY COMPLIANCE.—(1)

22 In addition to the disclosure requirements of section 310,

23 the following disclosure requirements shall apply to sales

24 of new buildings (or any portion thereof) with vulnerable

25 premises in high radon areas, or other designated areas,
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1 covered by model construction standards promulgated under

2 subsection (b):

3 ‘‘(A) Any person who sells such a new vulnerable

4 premises shall, prior to the signing of a sales con5 tract—

6 ‘‘(i) provide the purchaser with the pam7 phlet on radon prevention in construction pub8 lished under paragraph (3) of subsection (c),

9 ‘‘(ii) inform the purchaser in writing that

10 the premises are located in a high radon area (or

11 other area designated under subsection (b)) and

12 that the Administrator recommends that such

13 premises be constructed in compliance with the

14 model construction standards promulgated under

15 subsection (b) or other construction standards

16 certified as equivalent to such standards under

17 subsection (c)(2), and

18 ‘‘(iii) accurately disclose in writing to the

19 purchaser whether the premises have been, or

20 will be, constructed in compliance with such

21 model construction standards or other construc22 tion standards certified as equivalent to such

23 standards under subsection (c)(2).

24 ‘‘(B) The radon warning statement under section

25 310 included in any contract for purchase and sale
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1 of any such new vulnerable premises shall include an

2 acknowledgement signed by the purchaser that the

3 purchaser has—

4 ‘‘(i) received the pamphlet on radon preven5 tion in construction published under paragraph

6 (3) of subsection (c),

7 ‘‘(ii) been informed in writing that the

8 premises are located in a high radon area (or

9 other area designated under subsection (b)) and

10 that the Administrator recommends that such

11 premises be constructed in compliance with the

12 model construction standards promulgated under

13 subsection (b) or other construction standards

14 certified as equivalent to such standards under

15 subsection (c)(2), and

16 ‘‘(iii) received a written disclosure indicat17 ing whether the premises has been, or will be,

18 constructed in compliance with such model con19 struction standards or other construction stand20 ards certified as equivalent to such standards

21 under subsection (c)(2).

22 ‘‘(2) If the Administrator determines that a State or

23 local authority which regulates construction of new vulner24 able premises in a high radon area (or other area des25 ignated under subsection (b)) has adopted and is enforcing
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1 in such area either the model construction standards pro2 mulgated under subsection (b) or other standards for con3 trolling radon levels in new vulnerable premises that are

4 at least as protective of human health and the environment

5 as such model standards, any person who constructs a new

6 vulnerable premises in such area after such determination

7 shall be exempt from the disclosure requirements of para8 graph (1). Any State or local authority may submit to the

9 Administrator State or local standards for controlling

10 radon levels in new vulnerable premises. The Administrator

11 shall determine within 60 days after the date of such sub12 mission whether such standards are as protective of human

13 health and the environment as the model standards.

14 ‘‘(3) The requirements of this subsection shall take ef15 fect on the later of (A) the date 31 months after promulga16 tion of the model construction standards under subsection

17 (b) covering the new vulnerable premises concerned, or (B)

18 the effective date of the requirements under section 310. Six

19 months before the requirements of this subsection take effect

20 in a high radon area (or other area designated under sub21 section (b)), the Administrator shall provide notice of such

22 requirements to the State in which such area is located.

23 ‘‘(4) Not later than 1 year prior to the effective date

24 established in paragraph (3), the Administrator shall, after

25 notice and opportunity for comment, publish a list of the
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1 areas to which the model construction standards concerned

2 are applicable, together with a map of all such areas.

3 ‘‘(5) A violation of this subsection shall be considered

4 a violation of section 310.

5 ‘‘(e) REPORT TO CONGRESS.—Not later than 5 years

6 after the date of enactment of this subsection, the Adminis7 trator shall report to Congress on the extent to which State

8 and local authorities which regulate construction of new

9 vulnerable premises have adopted and are enforcing the

10 model construction standards promulgated under subsection

11 (b), and new vulnerable premises are being constructed in

12 compliance with such standards. Such report shall contain

13 a list of State and local authorities in areas covered by

14 model standards which have adopted and are enforcing such

15 standards and a list of those which have not adopted or

16 are not enforcing such standards. Such report shall identify

17 any obstacles that may exist to—

18 ‘‘(1) adoption and enforcement by such State

19 and local authorities of such model construction

20 standards, and

21 ‘‘(2) construction in compliance with such model

22 construction standards,

23 and shall make recommendations for overcoming such ob24 stacles.
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1 ‘‘(f) GUIDANCE FOR CERTAIN PREMISES.—Not later

2 than 2 years after the enactment of this subsection, the Ad3 ministrator shall promulgate guidance for measuring and

4 mitigating radon levels in existing vulnerable premises not

5 covered by the proposed model standards published by the

6 Administrator on April 12, 1993 (58 Fed. Reg. 19097).

7 ‘‘(g) OTHER DISCLOSURE REQUIREMENTS.—The Ad8 ministrator may consolidate the requirements applicable

9 under this section with the disclosure requirements applica10 ble under other authority of law.

11 ‘‘(h) VALIDITY OF CONTRACTS AND LIENS.—Nothing

12 in this section shall affect the validity or enforceability of

13 any sale or contract for the purchase and sale or lease of

14 any interest in real property or any loan, loan agreement,

15 mortgage, or lien made or arising in connection with a

16 mortgage loan, nor shall anything in this section create a

17 defect in title.’’.

18 SEC. 5. AMENDMENTS TO SECTION 306 OF TSCA.

19 Section 306 of the Toxic Substances Control Act (15

20 U.S.C. 2666) is amended as follows:

21 (1) In subsection (e), by striking ‘‘In the event

22 that State applications for funds exceed the total

23 funds available in a fiscal year, the’’ and inserting

24 ‘‘The’’.
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1 (2) By amending subsection (e) to add the fol2 lowing new paragraph at the end thereof:

3 ‘‘(5) The potential for the activity or project to

4 advance the strategy developed under section 316 (re5 lating to strategy to identify and reduce exceptionally

6 high indoor radon levels).’’.

7 (3) In subsection (f), strike ‘‘in the third year’’

8 and insert ‘‘thereafter’’.

9 (4) In subsection (g) by inserting ‘‘(1)’’ before

10 the first sentence thereof and by adding the following

11 at the end thereof:

12 ‘‘(2) The Administrator may set aside a percentage of

13 the grants made to States under this section to be paid by

14 such States to local governments in high radon areas. Such

15 amounts shall be used for eligible activities under subsection

16 (c). In the case of any State not receiving a grant under

17 this section, the Administrator may make grants directly

18 to local governments in such State for such purposes. Sub19 section (f) shall not apply to any grant to a local govern20 ment described in the preceding sentence or to any portion

21 of a grant to a State under this section which is paid to

22 a local government as provided in this paragraph.’’.
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1 SEC. 6. PERFORMANCE PROGRAM FOR RADON PRODUCTS

2 AND SERVICES.

3 Section 309 of the Toxic Substances Control Act (15

4 U.S.C 2669) is amended to read as follows:

5 ‘‘SEC. 309. PERFORMANCE AND PROFICIENCY PROGRAM

6 FOR RADON PRODUCTS AND SERVICES.

7 ‘‘(a) PERFORMANCE AND PROFICIENCY PROGRAM.—

8 (1) Within one year after the enactment of the Radon

9 Awareness and Disclosure Act of 1994, the Administrator

10 shall promulgate regulations establishing a program to re11 quire each of the following—

12 ‘‘(A) Any product for the measurement of radon

13 shall meet performance criteria that insure the effec14 tiveness of such product.

15 ‘‘(B) Any person offering a service to the public

16 for the measurement or mitigation of radon shall meet

17 a level of proficiency that insures the effectiveness of

18 such service.

19 Effective on the date 2 years after the enactment of the

20 Radon Awareness and Disclosure Act of 1994, no person

21 may introduce into commerce any product for the measure22 ment of radon unless such product meets the performance

23 criteria established under subparagraph (A) and no person

24 may offer a service to the public for the measurement or

25 mitigation of radon unless such person meets the level of

26 proficiency established under subparagraph (B).
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1 ‘‘(2) The program established as provided in para2 graph (1) shall include each of the following—

3 ‘‘(A) Procedures for ordering the recall of any

4 product introduced in commerce for the measurement

5 of radon which does not meet the performance criteria

6 established under paragraph (1)(A).

7 ‘‘(B) Procedures for ordering the discontinuance

8 of any service offered to the public for the measure9 ment or mitigation of radon which does not meet the

10 levels of proficiency established under paragraph

11 (1)(B).

12 ‘‘(C) Procedures for establishing adequate quality

13 assurance requirements for each radon measurement

14 product introduced into commerce and for each radon

15 measurement or mitigation service offered to the pub16 lic.

17 ‘‘(b) EFFECTIVENESS OF PRODUCTS; PUBLIC AWARE18 NESS.—The Administrator shall develop and make each of

19 the following available to the public:

20 ‘‘(1) A list of all radon measurement products

21 which meet minimum performance criteria under

22 paragraph (1)(A) of subsection (a).

23 ‘‘(2) A summary of current radon measurement

24 and mitigation methods and products. Such summary

25 shall include information about the accuracy, effec-
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1 tiveness, cost, and resistance to tampering of such

2 products and methods.

3 ‘‘(c) USER FEE.—(1) Within one year after the enact4 ment of the Radon Awareness and Disclosure Act of 1994,

5 the Administrator shall promulgate rules imposing user fees

6 on persons who manufacture or import any product de7 scribed in subsection (a)(1)(A) and for persons who offer

8 any service described in subsection (a)(1)(B). The amount

9 of such fees shall be designed to cover the annual operating

10 costs of the Environmental Protection Agency in carrying

11 out the program established under subsection (a), except

12 that the Administrator may reduce the amount of such fees

13 during the first 3 fiscal years after the promulgation of reg14 ulations under subsection (a) in order to promote the avail15 ability of radon measurement and mitigation products and

16 services. Such fees shall be structured such that any person’s

17 liability for such fees is reasonably based on the proportion

18 of the program’s operating costs that relate to such person,

19 and such person’s liability for such fees shall not be based

20 on the income of such person.

21 ‘‘(2) The fee established under paragraph (1) shall not

22 apply with respect to persons who are employees of public

23 and nonprofit child care facilities, schools, hospitals, nurs24 ing homes, or other care facilities and who are providing

25 services described in subsection (a)(1)(B) at such facilities.
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1 ‘‘(d) USE OF FUNDS.—Amounts received for user fees

2 under subsection (c) shall be deposited in a Radon Service

3 Account established in the Treasury of the United States

4 for use by the Administrator, to the extent provided in ap5 propriations Acts, in carrying out the program established

6 under subsection (a).’’.

7 SEC. 7. DISCLOSURE OF INFORMATION CONCERNING

8 RADON.

9 Section 310 of the Toxic Substances Control Act (15

10 U.S.C. 2670) is amended to read as follows:

11 ‘‘SEC. 310. DISCLOSURE OF INFORMATION CONCERNING

12 RADON.

13 ‘‘(a) DISCLOSURE IN PURCHASE AND SALE OR

14 LEASE.—

15 ‘‘(1) RADON.—Not later than 1 year after the en16 actment of this section, the Administrator shall pro17 mulgate regulations providing for the disclosure of

18 radon in vulnerable premises whenever any such

19 premises is offered for sale or lease. The regulations

20 shall require that, prior to the signing of a sales con21 tract or lease, the seller or lessor shall—

22 ‘‘(A) provide the purchaser or lessee with a

23 radon hazard information pamphlet as pre24 scribed in subsection (b); and
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1 ‘‘(B) disclose to the purchaser or lessee the

2 presence of any known radon measurement re3 port prepared for, or received by, the seller or les4 sor and any known radon mitigation systems in

5 the vulnerable premises concerned.

6 ‘‘(2) CONTRACT FOR PURCHASE AND SALE.—

7 Regulations promulgated under this section shall pro8 vide that every contract for the purchase and sale of

9 any vulnerable premises shall include a Radon Warn10 ing Statement with an acknowledgement signed by

11 the purchaser that the purchaser has—

12 ‘‘(A) read the Radon Warning Statement;

13 ‘‘(B) received a radon hazard information

14 pamphlet; and

15 ‘‘(C)(i) requested and been provided with

16 the opportunity to conduct a test of the premises

17 for radon, on terms and conditions mutually

18 agreeable to purchaser and seller, or

19 ‘‘(ii) agreed to purchase the premises with20 out further testing of the premises for radon.

21 The acknowledgement shall identify which option

22 (clause (i) or (ii)) the purchaser has agreed to.

23 ‘‘(3) CONTENTS OF RADON WARNING STATE24 MENT.—The Radon Warning Statement referred to in

25 this section shall contain the following text printed in
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1 large type on a separate sheet of paper attached to the

2 contract:

‘The U.S. Surgeon General has determined that prolonged exposure to radon can be a serious health hazard. Testing is available to detect the presence of radon. The seller is required to provide the buyer with any information on radon from tests in the

seller’s possession and notify the buyer of any radon mitigation

systems.’.

3 ‘‘(4) COMPLIANCE ASSURANCE.—Whenever a sell4 er or lessor has entered into a contract with an agent

5 for the purpose of selling or leasing a vulnerable

6 premises, the regulations promulgated under this sec7 tion shall require the agent, on behalf of the seller or

8 lessor, to ensure compliance with the requirements of

9 this section.

10 ‘‘(b) RADON HAZARD INFORMATION PAMPHLET.—Not

11 later than 1 year after the enactment of this section, and

12 after notice and opportunity for comment, the Adminis13 trator shall publish a radon hazard information pamphlet.

14 The pamphlet shall, at a minimum—

15 ‘‘(1) describe the prevalence and risks of radon

16 exposure at different levels;

17 ‘‘(2) provide information evaluating products

18 and services for the measurement and mitigation of

19 radon;

20 ‘‘(3) advise persons as to how to obtain a list of

21 products for the measurement of radon which meet the

22 performance criteria established under section
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1 309(a)(1) and a list of persons providing radon meas2 urement or mitigation services who meet the pro3 ficiency levels established under section 309(a)(1);

4 ‘‘(4) explain that a prospective buyer or lessee

5 has a right to negotiate an opportunity to conduct a

6 test of the premises to detect radon; and

7 ‘‘(5) state that the Administrator recommends

8 that buyers and lessees ascertain the radon level of

9 any vulnerable premises to be purchased or leased.

10 The Administrator shall from time to time review and re11 vise such pamphlet.

12 ‘‘(c) PENALTIES FOR VIOLATIONS.—

13 ‘‘(1) CIVIL LIABILITY.—Any person who know14 ingly violates the provisions of this section shall be

15 jointly and severally liable to the purchaser or lessee

16 in an amount equal to the reasonable costs of radon

17 mitigation incurred by such person at the vulnerable

18 premises.

19 ‘‘(2) COSTS.—In any civil action brought for

20 damages pursuant to paragraph (1), the appropriate

21 court may award court costs to any prevailing or

22 substantially prevailing party, together with reason23 able attorney fees and any expert witness fees.

24 ‘‘(3) LIMITATION ON PENALTY AMOUNT.—For

25 purposes of applying civil penalties under section 16
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1 in the case of any violation of this section by a seller

2 or lessor, the maximum penalty applicable under sec3 tion 16 shall be $2,000 in the case of a seller and an

4 amount equal to 2 months rent in the case of a lessor.

5 For purposes of applying such penalties to any such

6 violation, the second sentence of section 16(a)(1) shall

7 not apply.

8 ‘‘(4) EXEMPTION FROM CRIMINAL PENALTIES

9 AND CITIZENS SUITS.—No criminal penalties shall be

10 imposed under section 16(b) for any violation of this

11 section and no action may be brought under section

12 20(a)(1) for any such violation.

13 ‘‘(d) OTHER DISCLOSURE REQUIREMENTS.—The Ad14 ministrator may consolidate the requirements applicable

15 under this section with the disclosure requirements applica16 ble under other authority of law.

17 ‘‘(e) VALIDITY OF CONTRACTS AND LIENS.—Nothing

18 in this section shall affect the validity or enforceability of

19 any sale or contract for the purchase and sale or lease of

20 any interest in real property or any loan, loan agreement,

21 mortgage, or lien made or arising in connection with a

22 mortgage loan, nor shall anything in this section create a

23 defect in title.
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1 ‘‘(f) SHORT TERM LEASES.—This section shall not

2 apply to any lease which is for a term of one year or less

3 and does not, by its terms, provide for an extension.

4 ‘‘(g) EFFECTIVE DATE.—The regulations under this

5 section shall take effect 2 years after the date of the enact6 ment of this title.’’.

7 SEC. 8. AUTHORIZED STATE PROGRAMS.

8 Section 311 of the Toxic Substances Control Act (15

9 U.S.C. 2671) is amended to read as follows:

10 ‘‘SEC. 311. AUTHORIZED STATE PROGRAMS.

11 ‘‘(a) APPROVAL.—Any State which seeks to administer

12 and enforce a State program containing the standards, reg13 ulations, or other requirements established under section

14 304(d) (relating to incentives for voluntary compliance),

15 section 309(a)(1)(B)(relating to services for the measure16 ment or mitigation of radon), or 310 (relating to disclosure

17 of information concerning radon), or any combination

18 thereof, may, after notice and opportunity for public com19 ment, develop and submit to the Administrator an applica20 tion, in such form as the Administrator shall require, for

21 authorization of such a State program. Any such State may

22 also certify to the Administrator at the time of submitting

23 such program that the State program meets the require24 ments of paragraphs (1) and (2) of subsection (b) of this

25 section. Upon submission of such certification, the State
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1 program shall be deemed to be authorized under this section,

2 and shall apply in such State in lieu of the corresponding

3 Federal program under section 304(d), 309(a)(1)(B) or 310,

4 or any combination thereof, as the case may be, until such

5 time as the Administrator disapproves the program or with6 draws the authorization.

7 ‘‘(b) APPROVAL OR DISAPPROVAL.—Within 180 days

8 following submission of an application under subsection

9 (a), the Administrator shall approve or disapprove the ap10 plication. The Administrator shall disapprove the applica11 tion if, after notice and after opportunity for public hear12 ing, the Administrator finds that—

13 ‘‘(1) the State program is not at least as protec14 tive of human health and the environment as the Fed15 eral program under section 304(d), 309(a)(1)(B) or

16 310, or any combination thereof, as the case may be,

17 or

18 ‘‘(2) such State program does not provide ade19 quate enforcement.

20 Upon authorization of a State program under this section,

21 it shall be unlawful for any person to violate or fail or

22 refuse to comply with any requirement of such program.

23 ‘‘(c) WITHDRAWAL OF AUTHORIZATION.—If a State is

24 not administering and enforcing a program authorized

25 under this section in compliance with standards, regula-
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1 tions, and other requirements of this title, the Adminis2 trator shall so notify the State and, if corrective action is

3 not completed within a reasonable time, not to exceed 180

4 days, the Administrator shall withdraw authorization of

5 such program and establish a Federal program pursuant

6 to this title.

7 ‘‘(d) MODEL STATE PROGRAM.—Within 12 months

8 after the enactment of this section, the Administrator shall

9 promulgate a model State program which may be adopted

10 by any State which seeks to administer and enforce a State

11 program under this section. Such program shall encourage

12 reciprocity among the States.

13 ‘‘(e) OTHER STATE REQUIREMENTS.—Nothing in this

14 title shall be construed to prohibit any State or political

15 subdivision thereof from imposing any requirements which

16 are more stringent than those imposed by this title.

17 ‘‘(f) EXISTING STATE AND LOCAL PROGRAMS.—The

18 regulations under this title shall, to the extent appropriate,

19 encourage States to seek program authorization and to use

20 existing State and local programs and procedures for carry21 ing out such program.

22 ‘‘(g) FEES.—Each State program authorized under

23 this section containing the standards, regulations, or other

24 requirements established under section 309(a)(1)(B) (relat25 ing to services for the measurement or mitigation of radon)
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1 may include user fees applicable to persons who offer any

2 service described in subsection 309(a)(1)(B) in an amount

3 designed to cover, in whole or in part, the annual operating

4 costs of such program. The user fees under section 309(b)

5 shall not apply to persons subject to user fees under such

6 a State program.’’.

7 SEC. 9. ENFORCEMENT AND ADMINISTRATIVE PROCEED8 INGS.

9 Title III of the Toxic Substances Control Act (15

10 U.S.C. 2661 et seq.) is amended by adding the following

11 new sections after section 311:

12 ‘‘SEC. 312. PROHIBITED ACTS.

13 ‘‘It shall be unlawful for any person to fail or refuse

14 to comply with any provision of this title or any rule or

15 order under this title.

16 ‘‘SEC. 313. ADMINISTRATIVE PROCEEDINGS.

17 ‘‘The provisions of section 411 shall apply to regula18 tions issued under this title in the same manner and to

19 the same extent as such provisions apply to regulations is20 sued under title IV.

21 ‘‘SEC. 314. CONTROL OF RADON AT FEDERAL FACILITIES.

22 ‘‘Each department, agency, and instrumentality of ex23 ecutive, legislative, and judicial branches of the Federal

24 Government and each officer, agent, or employee thereof,

25 shall be subject to, and comply with, all Federal, State,
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1 interstate, and local requirements, both substantive and

2 procedural (including any requirement for certification, li3 censing, recordkeeping, or reporting or any provisions for

4 injunctive relief and such sanctions as may be imposed by

5 a court to enforce such relief) respecting radon in the same

6 manner, and to the same extent as any nongovernmental

7 entity is subject to such requirements, including the pay8 ment of reasonable service charges. The Federal, State,

9 interstate, and local substantive and procedural require10 ments referred to in this subsection include, but are not lim11 ited to, all administrative orders and all civil and adminis12 trative penalties and fines regardless of whether such pen13 alties or fines are punitive or coercive in nature, or whether

14 imposed for isolated, intermittent or continuing violations.

15 The United States hereby expressly waives any immunity

16 otherwise applicable to the United States with respect to

17 any such substantive or procedural requirement (including,

18 but not limited to, any injunctive relief, administrative

19 order, or civil or administrative penalty or fine referred

20 to in the preceding sentence, or reasonable service charge).

21 The reasonable service charges referred to in this section in22 clude, but are not limited to, fees or charges assessed for

23 certification and licensing, as well as any other nondiscrim24 inatory charges that are assessed in connection with a Fed25 eral, State, interstate, or local radon program. No agent,
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1 employee, or officer of the United States shall be personally

2 liable for any civil penalty under any Federal, State, inter3 state, or local law relating to radon with respect to any

4 act or omission within the scope of his official duties.

5 ‘‘SEC. 315. REGULATIONS.

6 ‘‘The Administrator is authorized to issue such regula7 tions, including recordkeeping and reporting requirements,

8 as may be necessary to carry out the provisions of this

9 title.’’.

10 SEC. 10. STRATEGY TO IDENTIFY AND REDUCE EXCEPTION11 ALLY HIGH INDOOR RADON LEVELS.

12 Title III of the Toxic Substances Control Act (15

13 U.S.C. 2661 et seq.) is amended by adding the following

14 new section after section 315:

15 ‘‘SEC. 316. STRATEGY TO IDENTIFY AND REDUCE EXCEP16 TIONALLY HIGH INDOOR RADON LEVELS.

17 ‘‘(a) DEVELOPMENT OF THE STRATEGY.—Within 9

18 months of the date of enactment of the Radon Awareness

19 and Disclosure Act of 1994, the Administrator shall, in con20 sultation with other Federal agencies and scientific experts

21 in radon health effects, detection, and mitigation, using rel22 evant and available information, develop and provide to

23 Congress a strategy using the authorities of the Adminis24 trator for identifying areas and buildings within the United

25 States with exceptionally high levels of radon and for reduc-
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1 ing such radon levels. The Administrator shall revise the

2 strategy as necessary to incorporate additional relevant in3 formation.

4 ‘‘(b) IMPLEMENTATION OF THE STRATEGY.—No later

5 than 9 months after the date of enactment of the Radon

6 Awareness and Disclosure Act of 1994, the Administrator

7 shall begin to implement the provisions of the strategy re8 quired under subsection (a).

9 ‘‘(c) REPORT TO CONGRESS.—21 months after the date

10 of enactment of the Radon Awareness and Disclosure Act

11 of 1994, the Administrator shall report to Congress on the

12 results of Federal, State, and local efforts to implement the

13 strategy developed under subsection (a).’’.

14 SEC. 11. MEDICAL COMMUNITY OUTREACH.

15 Title III of the Toxic Substances Control Act (15

16 U.S.C. 2661 et seq.) is amended by adding the following

17 new section after section 316:

18 ‘‘SEC. 317. MEDICAL COMMUNITY OUTREACH.

19 ‘‘(a) IN GENERAL.—The Administrator, in coopera20 tion with the Secretary of Health and Human Services,

21 shall develop and implement an outreach program to pro22 vide information about radon to the medical community.

23 ‘‘(b) INFORMATION.—(1) The Administrator, in con24 sultation with the Secretary of Health and Human Services

25 and the Surgeon General, shall develop informational mate-
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1 rial concerning radon tailored to doctors in general practice

2 and in specialties related to lung cancer. Such information

3 shall, at a minimum—

4 ‘‘(A) explain the health threats posed by exposure

5 to radon;

6 ‘‘(B) explain the association of radon with smok7 ing and other causes of lung cancer;

8 ‘‘(C) identify appropriate steps to determine ex9 posure to radon in the home; and

10 ‘‘(D) identify sources of additional information.

11 ‘‘(2) Not later than one year after the date of the enact12 ment of this section, the Administrator shall transmit the

13 information developed pursuant to this section to—

14 ‘‘(A) doctors in the United States in general

15 practice;

16 ‘‘(B) doctors in specialties related to lung cancer;

17 ‘‘(C) all doctors employed by the Federal Govern18 ment;

19 ‘‘(D) all hospital administrators; and

20 ‘‘(E) other physicians and officials determined

21 by the Administrator to be appropriate.

22 ‘‘(c) REPORT.—Not later than 2 years after the date

23 of enactment of this section, the Administrator, in consulta24 tion with the Secretary of Health and Human Services,

25 shall report to Congress concerning the implementation of
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1 this section and recommendations for measures to improve

2 radon information dissemination to the medical commu3 nity.’’.

4 SEC. 12. UNBIASED PRESENTATION OF RISK INFORMATION.

5 Title III of the Toxic Substances Control Act (15

6 U.S.C. 2661 et seq.) is amended by adding the following

7 new section after section 317:

8 ‘‘SEC. 318. UNBIASED PRESENTATION OF RISK INFORMA9 TION.

10 ‘‘The Administrator, in carrying out his or her respon11 sibilities under this title, shall ensure that the presentation

12 of information on the health risks associated with exposure

13 to radon and radon progeny is unbiased and informative.

14 To the extent feasible, documents made available to the gen15 eral public which describe the degree of risk from exposure

16 to radon and radon progeny shall, at a minimum, charac17 terize the population or populations addressed by any risk

18 estimates; state the expected risk for the specific population;

19 and state the reasonable range of uncertainty.’’.

20 SEC. 13. AUTHORIZATION FOR RADON ABATEMENT PROVI21 SIONS OF TOXIC SUBSTANCES CONTROL ACT.

22 (a) IN GENERAL.—Title III of the Toxic Substances

23 Control Act (15 U.S.C. 2661 et seq.) is amended by adding

24 the following new section after section 318:
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1 ‘‘SEC. 319. AUTHORIZATION OF APPROPRIATIONS.

2 ‘‘There is authorized to be appropriated to carry out

3 the provisions of this title (other than section 307) such

4 sums as may be necessary for the fiscal years 1994 through

5 1997.’’.

6 (b) CONFORMING AMENDMENTS.—The following sec7 tions of title III of the Toxic Substances Control Act (15

8 U.S.C. 2661 et seq.) are repealed:

9 (1) Section 305(f).

10 (2) Section 306(j).

11 (3) Section 308(f).

12 SEC. 14. TECHNICAL AND CONFORMING AMENDMENTS.

13 The Toxic Substances Control Act (15 U.S.C. 2601 and

14 following) is amended as follows:

15 (1) In the first sentence of subsection (a) of sec16 tion 11 strike ‘‘mixtures, or products subject to title

17 IV’’ and insert ‘‘mixtures or products subject to title

18 III or title IV’’.

19 (2) In paragraph (1) of subsection (b) of section

20 11, strike ‘‘mixtures, or products subject to title IV’’

21 and insert ‘‘mixtures, or products subject to title III

22 or IV’’.

23 (3) In paragraph (1) of section 13(a), strike ‘‘6,

24 or title IV’’ in each place it appears and insert ‘‘6,

25 or title III or IV’’ and strike ‘‘7 or title IV’’ and in26 sert ‘‘7 or title III or IV’’.
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1 (4) In section 16, strike ‘‘or 409’’ and insert ‘‘,

2 312, or 409’’ each place it appears.

3 (5) In section 17:

4 (A) In subsection (a)(1)(A) strike ‘‘or 409’’

5 and insert ‘‘, 312, or 409’’.

6 (B) Strike ‘‘title IV’’ in each place it ap7 pears in subparagraphs (B) and (D) of sub8 section (a)(1) and in subsection (b) and insert

9 ‘‘title III or title IV’’.

10 (6) In section 19 in the first sentence of sub11 section (a)(1)(A), after ‘‘title II’’ insert ‘‘, III,’’.

12 (7) In section 20(a)(1) after ‘‘title II’’ insert ‘‘,

13 III,’’ in each place it appears.

14 (8) Subsection (a)(2) of section 305 is amended

15 by striking out ‘‘Operation’’ and inserting ‘‘Until a

16 program is in effect under section 309, operation’’.

17 (9) Subsection (h)(3) of section 306 is amended

18 by inserting before the period at the end of the first

19 sentence ‘‘or, after the date 2 years after the enact20 ment of the Radon Awareness and Disclosure Act of

21 1994, a proficiency program under section 309’’.

22 (10) The table of contents for title III of such Act

23 (contained in section 1 of the Act) is amended as fol24 lows:
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1 (A) Amend the item relating to section 304

2 to read as follows:

‘‘Sec. 304. New construction.’’.

3 (B) Strike out the items relating to section

4 309 through 311 and insert the following:

‘‘Sec. 309. Performance and proficiency program for radon products and services.

‘‘Sec. 310. Disclosure of information concerning radon.

‘‘Sec. 311. Authorized State programs.

‘‘Sec. 312. Prohibited acts.

‘‘Sec. 313. Administrative proceedings.

‘‘Sec. 314. Control of radon at Federal facilities.

‘‘Sec. 315. Regulations.

‘‘Sec. 316. Strategy to identify and reduce exceptionally high indoor radon levels.

‘‘Sec. 317. Medical community outreach.

‘‘Sec. 318. Unbiased presentation of risk information.

‘‘Sec. 319. Authorization of appropriations.’’.

5 SEC. 15. ESTABLISHMENT OF PRESIDENT’S COMMISSION

6 ON RADON AWARENESS.

7 (a) ESTABLISHMENT.—There is established a commis8 sion to be known as the President’s Commission on Radon

9 Awareness (hereinafter in this Act referred to as the ‘‘Com10 mission’’).

11 (b) DUTIES.—The Commission shall—

12 (1) examine public awareness programs in effect

13 on the date of the enactment of this Act which are—

14 (A) implemented through various segments

15 of mass media; and

16 (B) intended to raise public awareness of

17 the health threats of radon and the benefits of

18 testing for radon;
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1 (2) act as an administrative and coordinating

2 body for the voluntary donation of resources to assist

3 the implementation of new programs and national

4 strategies for dissemination of information intended

5 to raise awareness of the health threats of radon;

6 (3) encourage media outlets throughout the coun7 try to provide information aimed at increasing radon

8 awareness, including public service announcements

9 and advertisements; and

10 (4) evaluate the effectiveness and assist in the

11 update of programs and national strategies formu12 lated with the assistance of the Commission.

13 (c) NATIONAL RADON EDUCATION CAMPAIGN.—

14 (1) IN GENERAL.—The Administrator of the En15 vironmental Protection Agency, in collaboration with

16 the Commission, shall establish a national education

17 campaign to increase public awareness concerning

18 radon health risks and motivate public action to re19 duce radon levels. The national education campaign

20 shall include the use of funds for the purchase and

21 production of public educational materials. The Ad22 ministrator is authorized to enter into cooperative

23 agreements to carry out this section.
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1 (2) RADON AWARENESS WEEK.—As part of the

2 national education campaign, the Administrator may

3 designate an annual national radon awareness week.

4 (d) MEMBERSHIP AND OPERATION OF COMMISSION.—

5 (1) NUMBER AND APPOINTMENT.—The Commis6 sion shall be composed of 12 members appointed by

7 the President within 30 days after the date of the en8 actment of this Act, and should include representa9 tives of—

10 (A) advertising agencies;

11 (B) television, radio, cable communications,

12 and print media;

13 (C) the health industry;

14 (D) other segments of the business sector of

15 the United States;

16 (E) experts in the field of radiation science;

17 (F) consumer groups;

18 (G) the radon testing and remediation in19 dustry; and

20 (H) other Federal agencies, as designated by

21 the President.

22 (2) TERMS.—

23 (A) Except as provided in subparagraphs

24 (B) and (C), members shall be appointed for

25 terms of 3 years.
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1 (B) Any member appointed to fill a va2 cancy occurring before the expiration of the term

3 for which such member’s predecessor was ap4 pointed shall be appointed only for the remain5 der of such term.

6 (C) A member may serve after the expira7 tion of the member’s term until a successor to the

8 member has taken office.

9 (3) BASIC PAY AND EXPENSES.—(A) Except as

10 provided in subparagraph (B), members of the Com11 mission shall serve without pay.

12 (B) While away from their homes or regular

13 places of business in the performance of services for

14 the Commission, members shall be allowed travel ex15 penses, including a per diem allowance in lieu of sub16 sistence, in the same manner as persons serving inter17 mittently in the Government services are allowed

18 travel expenses under section 5703 of title 5, United

19 States Code.

20 (4) PROCEDURES, MEETINGS, STAFF, ETC.—The

21 Commission shall establish such rules regarding meet22 ings, including rules regarding quorum, voting and

23 procedure, and regarding staff, experts and consult24 ants as the Commission deems appropriate. The Com25 mission may use the United States mails in the same
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1 manner and under the same conditions as other de2 partments and agencies of the United States. The Ad3 ministrator of General Services shall provide to the

4 Commission on a reimbursable basis such administra5 tive support services as the Commission may request.

6 (5) REPORT.—The Commission shall transmit to

7 the President and to each House of Congress a report

8 not later than July 31 of each year which contains

9 a detailed statement of the activities of the Commis10 sion during the preceding year, including a summary

11 of the number of public service announcements pro12 duced by the Commission and published or broadcast.

13 (6) TERMINATION.—The Commission shall ter14 minate on a date which is 3 years after the date on

15 which members of the Commission are first ap16 pointed, unless the President, by Executive order, ex17 tends the authority of the Commission.

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