`[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2448 Engrossed in House (EH)]

103d CONGRESS
  2d Session
                                H. R. 2448

_______________________________________________________________________

                                 AN ACT


 
  To improve the accuracy of radon testing products and services, to 
          increase testing for radon, 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 ``Radon Awareness and Disclosure Act 
of 1994''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) The Environmental Protection Agency has determined that 
        radon is second only to smoking as the leading cause of lung 
        cancer, resulting in an estimated 7,000 to 30,000 deaths each 
        year.
            (2) Testing for elevated levels of radon is relatively 
        simple and inexpensive.
            (3) There is not an adequate effort by Federal agencies to 
        encourage testing for radon.
            (4) Efforts to encourage testing have had limited results, 
        reaching only a small percentage of homes to date.
            (5) The lack of a mandatory certification process leads to 
        inaccurate radon testing, ineffective radon mitigation, erosion 
        of public confidence in the industry, and a waste of consumer 
        investment.
            (6) Increased public awareness of the dangers of radon gas 
        and the means to mitigate its effects will lead to more 
        informed decision making and a more productive use of 
        resources.

SEC. 3. DEFINITIONS.

    Section 302 of the Toxic Substances Control Act (15 U.S.C. 2662) is 
amended by adding the following at the end thereof:
            ``(5) The term `vulnerable premises' means any frequently 
        occupied space below the third floor of any building (other 
        than a building used for industrial purposes).
            ``(6) The term `high radon area' means any county 
        designated by the Administrator as having a predicted average 
        indoor screening level for radon greater than 4 pCi/L, using 
        the methodology described by the Environmental Protection 
        Agency in the report entitled `Map of Radon Zones: National 
        Report (December 3, 1993)', including any amendments or 
        revisions thereto.''.

SEC. 4. NEW CONSTRUCTION.

    Section 304 of the Toxic Substances Control Act (15 U.S.C. 2664) is 
amended as follows:
            (1) By striking the section heading thereof and inserting 
        ``new construction.''.
            (2) By inserting ``(a) Model Standards and Techniques.--'' 
        before the first sentence and striking the last 2 sentences.
            (3) By adding the following at the end:
    ``(b) Finalization of Model Standards.--Not later than 3 months 
after enactment of this subsection, the Administrator shall promulgate 
model construction standards for controlling radon levels in new 
vulnerable premises which are located in high radon areas and which are 
covered by the model standards published by the Administrator on March 
21, 1994 (59 Fed. Reg. 13402). Not later than 2 years after the 
enactment of this subsection, the Administrator shall promulgate model 
construction standards for controlling radon levels in new vulnerable 
premises which are located in high radon areas and which are not 
covered by such proposed model standards. The model standards shall 
achieve significant radon risk reduction and be technologically 
achievable and readily implementable. The Administrator may, where 
appropriate, promulgate model standards for controlling radon levels in 
new vulnerable premises in other areas designated by the Administrator.
    ``(c) Promotion of Code and State Adoption.--(1) The Administrator 
shall work to ensure that organizations responsible for developing 
national model codes for new vulnerable premises adopt, and State and 
local authorities which regulate construction of new vulnerable 
premises adopt and enforce, the model construction standards 
promulgated under subsection (b).
    ``(2) If the Administrator determines that an organization 
responsible for developing national model codes for new vulnerable 
premises has adopted standards for controlling radon levels in new 
vulnerable premises that are at least as protective of human health and 
the environment as the model construction standards promulgated under 
subsection (b), such standards shall be certified as equivalent to the 
model construction standards promulgated under subsection (b).
    ``(3) At the same time that the Administrator promulgates model 
construction standards under subsection (b), the Administrator shall 
publish a pamphlet that describes the standards and their costs and 
benefits. The Administrator shall work with interested parties to 
achieve the broad distribution of the pamphlet. Such distribution may 
be coordinated with the distribution of the pamphlet distributed under 
section 310.
    ``(d) Incentive for Voluntary Compliance.--(1) In addition to the 
disclosure requirements of section 310, the following disclosure 
requirements shall apply to sales of new buildings (or any portion 
thereof) with vulnerable premises in high radon areas, or other 
designated areas, covered by model construction standards promulgated 
under subsection (b):
            ``(A) Any person who sells such a new vulnerable premises 
        shall, prior to the signing of a sales contract--
                    ``(i) provide the purchaser with the pamphlet on 
                radon prevention in construction published under 
                paragraph (3) of subsection (c),
                    ``(ii) inform the purchaser in writing that the 
                premises are located in a high radon area (or other 
                area designated under subsection (b)) and that the 
                Administrator recommends that such premises be 
                constructed in compliance with the model construction 
                standards promulgated under subsection (b) or other 
                construction standards certified as equivalent to such 
                standards under subsection (c)(2), and
                    ``(iii) accurately disclose in writing to the 
                purchaser whether the premises have been, or will be, 
                constructed in compliance with such model construction 
                standards or other construction standards certified as 
                equivalent to such standards under subsection (c)(2).
            ``(B) The radon warning statement under section 310 
        included in any contract for purchase and sale of any such new 
        vulnerable premises shall include an acknowledgement signed by 
        the purchaser that the purchaser has--
                    ``(i) received the pamphlet on radon prevention in 
                construction published under paragraph (3) of 
                subsection (c),
                    ``(ii) been informed in writing that the premises 
                are located in a high radon area (or other area 
                designated under subsection (b)) and that the 
                Administrator recommends that such premises be 
                constructed in compliance with the model construction 
                standards promulgated under subsection (b) or other 
                construction standards certified as equivalent to such 
                standards under subsection (c)(2), and
                    ``(iii) received a written disclosure indicating 
                whether the premises has been, or will be, constructed 
                in compliance with such model construction standards or 
                other construction standards certified as equivalent to 
                such standards under subsection (c)(2).
    ``(2) If the Administrator determines that a State or local 
authority which regulates construction of new vulnerable premises in a 
high radon area (or other area designated under subsection (b)) has 
adopted and is enforcing in such area either the model construction 
standards promulgated under subsection (b) or other standards for 
controlling radon levels in new vulnerable premises that are at least 
as protective of human health and the environment as such model 
standards, any person who constructs a new vulnerable premises in such 
area after such determination shall be exempt from the disclosure 
requirements of paragraph (1). Any State or local authority may submit 
to the Administrator State or local standards for controlling radon 
levels in new vulnerable premises. The Administrator shall determine 
within 60 days after the date of such submission whether such standards 
are as protective of human health and the environment as the model 
standards.
    ``(3) The requirements of this subsection shall take effect on the 
later of (A) the date 31 months after promulgation of the model 
construction standards under subsection (b) covering the new vulnerable 
premises concerned, or (B) the effective date of the requirements under 
section 310. Six months before the requirements of this subsection take 
effect in a high radon area (or other area designated under subsection 
(b)), the Administrator shall provide notice of such requirements to 
the State in which such area is located.
    ``(4) Not later than 1 year prior to the effective date established 
in paragraph (3), the Administrator shall, after notice and opportunity 
for comment, publish a list of the areas to which the model 
construction standards concerned are applicable, together with a map of 
all such areas.
    ``(5) A violation of this subsection shall be considered a 
violation of section 310.
    ``(e) Report to Congress.--Not later than 5 years after the date of 
enactment of this subsection, the Administrator shall report to 
Congress on the extent to which State and local authorities which 
regulate construction of new vulnerable premises have adopted and are 
enforcing the model construction standards promulgated under subsection 
(b), and new vulnerable premises are being constructed in compliance 
with such standards. Such report shall contain a list of State and 
local authorities in areas covered by model standards which have 
adopted and are enforcing such standards and a list of those which have 
not adopted or are not enforcing such standards. Such report shall 
identify any obstacles that may exist to--
            ``(1) adoption and enforcement by such State and local 
        authorities of such model construction standards, and
            ``(2) construction in compliance with such model 
        construction standards,
and shall make recommendations for overcoming such obstacles.
    ``(f) Guidance for Certain Premises.--Not later than 2 years after 
the enactment of this subsection, the Administrator shall promulgate 
guidance for measuring and mitigating radon levels in existing 
vulnerable premises not covered by the proposed model standards 
published by the Administrator on April 12, 1993 (58 Fed. Reg. 19097).
    ``(g) Other Disclosure Requirements.--The Administrator may 
consolidate the requirements applicable under this section with the 
disclosure requirements applicable under other authority of law.
    ``(h) Validity of Contracts and Liens.--Nothing in this section 
shall affect the validity or enforceability of any sale or contract for 
the purchase and sale or lease of any interest in real property or any 
loan, loan agreement, mortgage, or lien made or arising in connection 
with a mortgage loan, nor shall anything in this section create a 
defect in title.''.

SEC. 5. AMENDMENTS TO SECTION 306 OF TSCA.

    Section 306 of the Toxic Substances Control Act (15 U.S.C. 2666) is 
amended as follows:
            (1) In subsection (e), by striking ``In the event that 
        State applications for funds exceed the total funds available 
        in a fiscal year, the'' and inserting ``The''.
            (2) By amending subsection (e) to add the following new 
        paragraph at the end thereof:
            ``(5) The potential for the activity or project to advance 
        the strategy developed under section 316 (relating to strategy 
        to identify and reduce exceptionally high indoor radon 
        levels).''.
            (3) In subsection (f), strike ``in the third year'' and 
        insert ``thereafter''.
            (4) In subsection (g) by inserting ``(1)'' before the first 
        sentence thereof and by adding the following at the end 
        thereof:
    ``(2) The Administrator may set aside a percentage of the grants 
made to States under this section to be paid by such States to local 
governments in high radon areas. Such amounts shall be used for 
eligible activities under subsection (c). In the case of any State not 
receiving a grant under this section, the Administrator may make grants 
directly to local governments in such State for such purposes. 
Subsection (f) shall not apply to any grant to a local government 
described in the preceding sentence or to any portion of a grant to a 
State under this section which is paid to a local government as 
provided in this paragraph.''.

SEC. 6. PERFORMANCE PROGRAM FOR RADON PRODUCTS AND SERVICES.

    Section 309 of the Toxic Substances Control Act (15 U.S.C 2669) is 
amended to read as follows:

``SEC. 309. PERFORMANCE AND PROFICIENCY PROGRAM FOR RADON PRODUCTS AND 
              SERVICES.

    ``(a) Performance and Proficiency Program.--(1) Within one year 
after the enactment of the Radon Awareness and Disclosure Act of 1994, 
the Administrator shall promulgate regulations establishing a program 
to require each of the following--
            ``(A) Any product for the measurement of radon shall meet 
        performance criteria that insure the effectiveness of such 
        product.
            ``(B) Any person offering a service to the public for the 
        measurement or mitigation of radon shall meet a level of 
        proficiency that insures the effectiveness of such service.
Effective on the date 2 years after the enactment of the Radon 
Awareness and Disclosure Act of 1994, no person may introduce into 
commerce any product for the measurement of radon unless such product 
meets the performance criteria established under subparagraph (A) and 
no person may offer a service to the public for the measurement or 
mitigation of radon unless such person meets the level of proficiency 
established under subparagraph (B).
    ``(2) The program established as provided in paragraph (1) shall 
include each of the following--
            ``(A) Procedures for ordering the recall of any product 
        introduced in commerce for the measurement of radon which does 
        not meet the performance criteria established under paragraph 
        (1)(A).
            ``(B) Procedures for ordering the discontinuance of any 
        service offered to the public for the measurement or mitigation 
        of radon which does not meet the levels of proficiency 
        established under paragraph (1)(B).
            ``(C) Procedures for establishing adequate quality 
        assurance requirements for each radon measurement product 
        introduced into commerce and for each radon measurement or 
        mitigation service offered to the public.
    ``(b) Effectiveness of Products; Public Awareness.--The 
Administrator shall develop and make each of the following available to 
the public:
            ``(1) A list of all radon measurement products which meet 
        minimum performance criteria under paragraph (1)(A) of 
        subsection (a).
            ``(2) A summary of current radon measurement and mitigation 
        methods and products. Such summary shall include information 
        about the accuracy, effectiveness, cost, and resistance to 
        tampering of such products and methods.
    ``(c) User Fee.--(1) Within one year after the enactment of the 
Radon Awareness and Disclosure Act of 1994, the Administrator shall 
promulgate rules imposing user fees on persons who manufacture or 
import any product described in subsection (a)(1)(A) and for persons 
who offer any service described in subsection (a)(1)(B). The amount of 
such fees shall be designed to cover the annual operating costs of the 
Environmental Protection Agency in carrying out the program established 
under subsection (a), except that the Administrator may reduce the 
amount of such fees during the first 3 fiscal years after the 
promulgation of regulations under subsection (a) in order to promote 
the availability of radon measurement and mitigation products and 
services. Such fees shall be structured such that any person's 
liability for such fees is reasonably based on the proportion of the 
program's operating costs that relate to such person, and such person's 
liability for such fees shall not be based on the income of such 
person.
    ``(2) The fee established under paragraph (1) shall not apply with 
respect to persons who are employees of public and nonprofit child care 
facilities, schools, hospitals, nursing homes, or other care facilities 
and who are providing services described in subsection (a)(1)(B) at 
such facilities.
    ``(d) Use of Funds.--Amounts received for user fees under 
subsection (c) shall be deposited in a Radon Service Account 
established in the Treasury of the United States for use by the 
Administrator, to the extent provided in appropriations Acts, in 
carrying out the program established under subsection (a).''.

SEC. 7. DISCLOSURE OF INFORMATION CONCERNING RADON.

    Section 310 of the Toxic Substances Control Act (15 U.S.C. 2670) is 
amended to read as follows:

``SEC. 310. DISCLOSURE OF INFORMATION CONCERNING RADON.

    ``(a) Disclosure in Purchase and Sale or Lease.--
            ``(1) Radon.--Not later than 1 year after the enactment of 
        this section, the Administrator shall promulgate regulations 
        providing for the disclosure of radon in vulnerable premises 
        whenever any such premises is offered for sale or lease. The 
        regulations shall require that, prior to the signing of a sales 
        contract or lease, the seller or lessor shall--
                    ``(A) provide the purchaser or lessee with a radon 
                hazard information pamphlet as prescribed in subsection 
                (b); and
                    ``(B) disclose to the purchaser or lessee the 
                presence of any known radon measurement report prepared 
                for, or received by, the seller or lessor and any known 
                radon mitigation systems in the vulnerable premises 
                concerned.
            ``(2) Contract for purchase and sale.--Regulations 
        promulgated under this section shall provide that every 
        contract for the purchase and sale of any vulnerable premises 
        shall include a Radon Warning Statement with an acknowledgement 
        signed by the purchaser that the purchaser has--
                    ``(A) read the Radon Warning Statement;
                    ``(B) received a radon hazard information pamphlet; 
                and
                    ``(C)(i) requested and been provided with the 
                opportunity to conduct a test of the premises for 
                radon, on terms and conditions mutually agreeable to 
                purchaser and seller, or
                    ``(ii) agreed to purchase the premises without 
                further testing of the premises for radon.
        The acknowledgement shall identify which option (clause (i) or 
        (ii)) the purchaser has agreed to.
            ``(3) Contents of radon warning statement.--The Radon 
        Warning Statement referred to in this section shall contain the 
        following text printed in large type on a separate sheet of 
        paper attached to the 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.'.
            ``(4) Compliance assurance.--Whenever a seller or lessor 
        has entered into a contract with an agent for the purpose of 
        selling or leasing a vulnerable premises, the regulations 
        promulgated under this section shall require the agent, on 
        behalf of the seller or lessor, to ensure compliance with the 
        requirements of this section.
    ``(b) Radon Hazard Information Pamphlet.--Not later than 1 year 
after the enactment of this section, and after notice and opportunity 
for comment, the Administrator shall publish a radon hazard information 
pamphlet. The pamphlet shall, at a minimum--
            ``(1) describe the prevalence and risks of radon exposure 
        at different levels;
            ``(2) provide information evaluating products and services 
        for the measurement and mitigation of radon;
            ``(3) advise persons as to how to obtain a list of products 
        for the measurement of radon which meet the performance 
        criteria established under section 309(a)(1) and a list of 
        persons providing radon measurement or mitigation services who 
        meet the proficiency levels established under section 
        309(a)(1);
            ``(4) explain that a prospective buyer or lessee has a 
        right to negotiate an opportunity to conduct a test of the 
        premises to detect radon; and
            ``(5) state that the Administrator recommends that buyers 
        and lessees ascertain the radon level of any vulnerable 
        premises to be purchased or leased.
The Administrator shall from time to time review and revise such 
pamphlet.
    ``(c) Penalties for Violations.--
            ``(1) Civil liability.--Any person who knowingly violates 
        the provisions of this section shall be jointly and severally 
        liable to the purchaser or lessee in an amount equal to the 
        reasonable costs of radon mitigation incurred by such person at 
        the vulnerable premises.
            ``(2) Costs.--In any civil action brought for damages 
        pursuant to paragraph (1), the appropriate court may award 
        court costs to any prevailing or substantially prevailing 
        party, together with reasonable attorney fees and any expert 
        witness fees.
            ``(3) Limitation on penalty amount.--For purposes of 
        applying civil penalties under section 16 in the case of any 
        violation of this section by a seller or lessor, the maximum 
        penalty applicable under section 16 shall be $2,000 in the case 
        of a seller and an amount equal to 2 months rent in the case of 
        a lessor. For purposes of applying such penalties to any such 
        violation, the second sentence of section 16(a)(1) shall not 
        apply.
            ``(4) Exemption from criminal penalties and citizens 
        suits.--No criminal penalties shall be imposed under section 
        16(b) for any violation of this section and no action may be 
        brought under section 20(a)(1) for any such violation.
    ``(d) Other Disclosure Requirements.--The Administrator may 
consolidate the requirements applicable under this section with the 
disclosure requirements applicable under other authority of law.
    ``(e) Validity of Contracts and Liens.--Nothing in this section 
shall affect the validity or enforceability of any sale or contract for 
the purchase and sale or lease of any interest in real property or any 
loan, loan agreement, mortgage, or lien made or arising in connection 
with a mortgage loan, nor shall anything in this section create a 
defect in title.
    ``(f) Short Term Leases.--This section shall not apply to any lease 
which is for a term of one year or less and does not, by its terms, 
provide for an extension.
    ``(g) Effective Date.--The regulations under this section shall 
take effect 2 years after the date of the enactment of this title.''.

SEC. 8. AUTHORIZED STATE PROGRAMS.

    Section 311 of the Toxic Substances Control Act (15 U.S.C. 2671) is 
amended to read as follows:

``SEC. 311. AUTHORIZED STATE PROGRAMS.

    ``(a) Approval.--Any State which seeks to administer and enforce a 
State program containing the standards, regulations, or other 
requirements established under section 304(d) (relating to incentives 
for voluntary compliance), section 309(a)(1)(B)(relating to services 
for the measurement or mitigation of radon), or 310 (relating to 
disclosure of information concerning radon), or any combination 
thereof, may, after notice and opportunity for public comment, develop 
and submit to the Administrator an application, in such form as the 
Administrator shall require, for authorization of such a State program. 
Any such State may also certify to the Administrator at the time of 
submitting such program that the State program meets the requirements 
of paragraphs (1) and (2) of subsection (b) of this section. Upon 
submission of such certification, the State program shall be deemed to 
be authorized under this section, and shall apply in such State in lieu 
of the corresponding Federal program under section 304(d), 309(a)(1)(B) 
or 310, or any combination thereof, as the case may be, until such time 
as the Administrator disapproves the program or withdraws the 
authorization.
    ``(b) Approval or Disapproval.--Within 180 days following 
submission of an application under subsection (a), the Administrator 
shall approve or disapprove the application. The Administrator shall 
disapprove the application if, after notice and after opportunity for 
public hearing, the Administrator finds that--
            ``(1) the State program is not at least as protective of 
        human health and the environment as the Federal program under 
        section 304(d), 309(a)(1)(B) or 310, or any combination 
        thereof, as the case may be, or
            ``(2) such State program does not provide adequate 
        enforcement.
Upon authorization of a State program under this section, it shall be 
unlawful for any person to violate or fail or refuse to comply with any 
requirement of such program.
    ``(c) Withdrawal of Authorization.--If a State is not administering 
and enforcing a program authorized under this section in compliance 
with standards, regulations, and other requirements of this title, the 
Administrator shall so notify the State and, if corrective action is 
not completed within a reasonable time, not to exceed 180 days, the 
Administrator shall withdraw authorization of such program and 
establish a Federal program pursuant to this title.
    ``(d) Model State Program.--Within 12 months after the enactment of 
this section, the Administrator shall promulgate a model State program 
which may be adopted by any State which seeks to administer and enforce 
a State program under this section. Such program shall encourage 
reciprocity among the States.
    ``(e) Other State Requirements.--Nothing in this title shall be 
construed to prohibit any State or political subdivision thereof from 
imposing any requirements which are more stringent than those imposed 
by this title.
    ``(f) Existing State and Local Programs.--The regulations under 
this title shall, to the extent appropriate, encourage States to seek 
program authorization and to use existing State and local programs and 
procedures for carrying out such program.
    ``(g) Fees.--Each State program authorized under this section 
containing the standards, regulations, or other requirements 
established under section 309(a)(1)(B) (relating to services for the 
measurement or mitigation of radon) may include user fees applicable to 
persons who offer any service described in subsection 309(a)(1)(B) in 
an amount designed to cover, in whole or in part, the annual operating 
costs of such program. The user fees under section 309(b) shall not 
apply to persons subject to user fees under such a State program.''.

SEC. 9. ENFORCEMENT AND ADMINISTRATIVE PROCEEDINGS.

    Title III of the Toxic Substances Control Act (15 U.S.C. 2661 et 
seq.) is amended by adding the following new sections after section 
311:

``SEC. 312. PROHIBITED ACTS.

    ``It shall be unlawful for any person to fail or refuse to comply 
with any provision of this title or any rule or order under this title.

``SEC. 313. ADMINISTRATIVE PROCEEDINGS.

    ``The provisions of section 411 shall apply to regulations issued 
under this title in the same manner and to the same extent as such 
provisions apply to regulations issued under title IV.

``SEC. 314. CONTROL OF RADON AT FEDERAL FACILITIES.

    ``Each department, agency, and instrumentality of executive, 
legislative, and judicial branches of the Federal Government and each 
officer, agent, or employee thereof, shall be subject to, and comply 
with, all Federal, State, interstate, and local requirements, both 
substantive and procedural (including any requirement for 
certification, licensing, recordkeeping, or reporting or any provisions 
for injunctive relief and such sanctions as may be imposed by a court 
to enforce such relief) respecting radon in the same manner, and to the 
same extent as any nongovernmental entity is subject to such 
requirements, including the payment of reasonable service charges. The 
Federal, State, interstate, and local substantive and procedural 
requirements referred to in this subsection include, but are not 
limited to, all administrative orders and all civil and administrative 
penalties and fines regardless of whether such penalties or fines are 
punitive or coercive in nature, or whether imposed for isolated, 
intermittent or continuing violations. The United States hereby 
expressly waives any immunity otherwise applicable to the United States 
with respect to any such substantive or procedural requirement 
(including, but not limited to, any injunctive relief, administrative 
order, or civil or administrative penalty or fine referred to in the 
preceding sentence, or reasonable service charge). The reasonable 
service charges referred to in this section include, but are not 
limited to, fees or charges assessed for certification and licensing, 
as well as any other nondiscriminatory charges that are assessed in 
connection with a Federal, State, interstate, or local radon program. 
No agent, employee, or officer of the United States shall be personally 
liable for any civil penalty under any Federal, State, interstate, or 
local law relating to radon with respect to any act or omission within 
the scope of his official duties.

``SEC. 315. REGULATIONS.

    ``The Administrator is authorized to issue such regulations, 
including recordkeeping and reporting requirements, as may be necessary 
to carry out the provisions of this title.''.

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

    Title III of the Toxic Substances Control Act (15 U.S.C. 2661 et 
seq.) is amended by adding the following new section after section 315:

``SEC. 316. STRATEGY TO IDENTIFY AND REDUCE EXCEPTIONALLY HIGH INDOOR 
              RADON LEVELS.

    ``(a) Development of the Strategy.--Within 9 months of the date of 
enactment of the Radon Awareness and Disclosure Act of 1994, the 
Administrator shall, in consultation with other Federal agencies and 
scientific experts in radon health effects, detection, and mitigation, 
using relevant and available information, develop and provide to 
Congress a strategy using the authorities of the Administrator for 
identifying areas and buildings within the United States with 
exceptionally high levels of radon and for reducing such radon levels. 
The Administrator shall revise the strategy as necessary to incorporate 
additional relevant information.
    ``(b) Implementation of the Strategy.--No later than 9 months after 
the date of enactment of the Radon Awareness and Disclosure Act of 
1994, the Administrator shall begin to implement the provisions of the 
strategy required under subsection (a).
    ``(c) Report to Congress.--21 months after the date of enactment of 
the Radon Awareness and Disclosure Act of 1994, the Administrator shall 
report to Congress on the results of Federal, State, and local efforts 
to implement the strategy developed under subsection (a).''.

SEC. 11. MEDICAL COMMUNITY OUTREACH.

    Title III of the Toxic Substances Control Act (15 U.S.C. 2661 et 
seq.) is amended by adding the following new section after section 316:

``SEC. 317. MEDICAL COMMUNITY OUTREACH.

    ``(a) In General.--The Administrator, in cooperation with the 
Secretary of Health and Human Services, shall develop and implement an 
outreach program to provide information about radon to the medical 
community.
    ``(b) Information.--(1) The Administrator, in consultation with the 
Secretary of Health and Human Services and the Surgeon General, shall 
develop informational material concerning radon tailored to doctors in 
general practice and in specialties related to lung cancer. Such 
information shall, at a minimum--
            ``(A) explain the health threats posed by exposure to 
        radon;
            ``(B) explain the association of radon with smoking and 
        other causes of lung cancer;
            ``(C) identify appropriate steps to determine exposure to 
        radon in the home; and
            ``(D) identify sources of additional information.
    ``(2) Not later than one year after the date of the enactment of 
this section, the Administrator shall transmit the information 
developed pursuant to this section to--
            ``(A) doctors in the United States in general practice;
            ``(B) doctors in specialties related to lung cancer;
            ``(C) all doctors employed by the Federal Government;
            ``(D) all hospital administrators; and
            ``(E) other physicians and officials determined by the 
        Administrator to be appropriate.
    ``(c) Report.--Not later than 2 years after the date of enactment 
of this section, the Administrator, in consultation with the Secretary 
of Health and Human Services, shall report to Congress concerning the 
implementation of this section and recommendations for measures to 
improve radon information dissemination to the medical community.''.

SEC. 12. UNBIASED PRESENTATION OF RISK INFORMATION.

    Title III of the Toxic Substances Control Act (15 U.S.C. 2661 et 
seq.) is amended by adding the following new section after section 317:

``SEC. 318. UNBIASED PRESENTATION OF RISK INFORMATION.

    ``The Administrator, in carrying out his or her responsibilities 
under this title, shall ensure that the presentation of information on 
the health risks associated with exposure to radon and radon progeny is 
unbiased and informative. To the extent feasible, documents made 
available to the general public which describe the degree of risk from 
exposure to radon and radon progeny shall, at a minimum, characterize 
the population or populations addressed by any risk estimates; state 
the expected risk for the specific population; and state the reasonable 
range of uncertainty.''.

SEC. 13. AUTHORIZATION FOR RADON ABATEMENT PROVISIONS OF TOXIC 
              SUBSTANCES CONTROL ACT.

    (a) In General.--Title III of the Toxic Substances Control Act (15 
U.S.C. 2661 et seq.) is amended by adding the following new section 
after section 318:

``SEC. 319. AUTHORIZATION OF APPROPRIATIONS.

    ``There is authorized to be appropriated to carry out the 
provisions of this title (other than section 307) such sums as may be 
necessary for the fiscal years 1994 through 1997.''.
    (b) Conforming Amendments.--The following sections of title III of 
the Toxic Substances Control Act (15 U.S.C. 2661 et seq.) are repealed:
            (1) Section 305(f).
            (2) Section 306(j).
            (3) Section 308(f).

SEC. 14. TECHNICAL AND CONFORMING AMENDMENTS.

    The Toxic Substances Control Act (15 U.S.C. 2601 and following) is 
amended as follows:
            (1) In the first sentence of subsection (a) of section 11 
        strike ``mixtures, or products subject to title IV'' and insert 
        ``mixtures or products subject to title III or title IV''.
            (2) In paragraph (1) of subsection (b) of section 11, 
        strike ``mixtures, or products subject to title IV'' and insert 
        ``mixtures, or products subject to title III or IV''.
            (3) In paragraph (1) of section 13(a), strike ``6, or title 
        IV'' in each place it appears and insert ``6, or title III or 
        IV'' and strike ``7 or title IV'' and insert ``7 or title III 
        or IV''.
            (4) In section 16, strike ``or 409'' and insert ``, 312, or 
        409'' each place it appears.
            (5) In section 17:
                    (A) In subsection (a)(1)(A) strike ``or 409'' and 
                insert ``, 312, or 409''.
                    (B) Strike ``title IV'' in each place it appears in 
                subparagraphs (B) and (D) of subsection (a)(1) and in 
                subsection (b) and insert ``title III or title IV''.
            (6) In section 19 in the first sentence of subsection 
        (a)(1)(A), after ``title II'' insert ``, III,''.
            (7) In section 20(a)(1) after ``title II'' insert ``, 
        III,'' in each place it appears.
            (8) Subsection (a)(2) of section 305 is amended by striking 
        out ``Operation'' and inserting ``Until a program is in effect 
        under section 309, operation''.
            (9) Subsection (h)(3) of section 306 is amended by 
        inserting before the period at the end of the first sentence 
        ``or, after the date 2 years after the enactment of the Radon 
        Awareness and Disclosure Act of 1994, a proficiency program 
        under section 309''.
            (10) The table of contents for title III of such Act 
        (contained in section 1 of the Act) is amended as follows:
                    (A) Amend the item relating to section 304 to read 
                as follows:

``Sec. 304. New construction.''.
                    (B) Strike out the items relating to section 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.''.

SEC. 15. ESTABLISHMENT OF PRESIDENT'S COMMISSION ON RADON AWARENESS.

    (a) Establishment.--There is established a commission to be known 
as the President's Commission on Radon Awareness (hereinafter in this 
Act referred to as the ``Commission'').
    (b) Duties.--The Commission shall--
            (1) examine public awareness programs in effect on the date 
        of the enactment of this Act which are--
                    (A) implemented through various segments of mass 
                media; and
                    (B) intended to raise public awareness of the 
                health threats of radon and the benefits of testing for 
                radon;
            (2) act as an administrative and coordinating body for the 
        voluntary donation of resources to assist the implementation of 
        new programs and national strategies for dissemination of 
        information intended to raise awareness of the health threats 
        of radon;
            (3) encourage media outlets throughout the country to 
        provide information aimed at increasing radon awareness, 
        including public service announcements and advertisements; and
            (4) evaluate the effectiveness and assist in the update of 
        programs and national strategies formulated with the assistance 
        of the Commission.
    (c) National Radon Education Campaign.--
            (1) In general.--The Administrator of the Environmental 
        Protection Agency, in collaboration with the Commission, shall 
        establish a national education campaign to increase public 
        awareness concerning radon health risks and motivate public 
        action to reduce radon levels. The national education campaign 
        shall include the use of funds for the purchase and production 
        of public educational materials. The Administrator is 
        authorized to enter into cooperative agreements to carry out 
        this section.
            (2) Radon awareness week.--As part of the national 
        education campaign, the Administrator may designate an annual 
        national radon awareness week.
    (d) Membership and Operation of Commission.--
            (1) Number and appointment.--The Commission shall be 
        composed of 12 members appointed by the President within 30 
        days after the date of the enactment of this Act, and should 
        include representatives of--
                    (A) advertising agencies;
                    (B) television, radio, cable communications, and 
                print media;
                    (C) the health industry;
                    (D) other segments of the business sector of the 
                United States;
                    (E) experts in the field of radiation science;
                    (F) consumer groups;
                    (G) the radon testing and remediation industry; and
                    (H) other Federal agencies, as designated by the 
                President.
            (2) Terms.--
                    (A) Except as provided in subparagraphs (B) and 
                (C), members shall be appointed for terms of 3 years.
                    (B) Any member appointed to fill a vacancy 
                occurring before the expiration of the term for which 
                such member's predecessor was appointed shall be 
                appointed only for the remainder of such term.
                    (C) A member may serve after the expiration of the 
                member's term until a successor to the member has taken 
                office.
            (3) Basic pay and expenses.--(A) Except as provided in 
        subparagraph (B), members of the Commission shall serve without 
        pay.
            (B) While away from their homes or regular places of 
        business in the performance of services for the Commission, 
        members shall be allowed travel expenses, including a per diem 
        allowance in lieu of subsistence, in the same manner as persons 
        serving intermittently in the Government services are allowed 
        travel expenses under section 5703 of title 5, United States 
        Code.
            (4) Procedures, meetings, staff, etc.--The Commission shall 
        establish such rules regarding meetings, including rules 
        regarding quorum, voting and procedure, and regarding staff, 
        experts and consultants as the Commission deems appropriate. 
        The Commission may use the United States mails in the same 
        manner and under the same conditions as other departments and 
        agencies of the United States. The Administrator of General 
        Services shall provide to the Commission on a reimbursable 
        basis such administrative support services as the Commission 
        may request.
            (5) Report.--The Commission shall transmit to the President 
        and to each House of Congress a report not later than July 31 
        of each year which contains a detailed statement of the 
        activities of the Commission during the preceding year, 
        including a summary of the number of public service 
        announcements produced by the Commission and published or 
        broadcast.
            (6) Termination.--The Commission shall terminate on a date 
        which is 3 years after the date on which members of the 
        Commission are first appointed, unless the President, by 
        Executive order, extends the authority of the Commission.

SEC. 16. SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE.

    (a) Purchase of American-Made Equipment and Products.--In the case 
of any equipment or products that may be authorized to be purchased 
with financial assistance provided under this Act, it is the sense of 
the Congress that entities receiving such assistance should, in 
expending the assistance, purchase only American-made equipment and 
products.
    (b) Notice to Recipients of Assistance.--In providing financial 
assistance under this Act, the head of each Federal agency shall 
provide to each recipient of the assistance a notice describing the 
statement made in subsection (a) by the Congress.

            Passed the House of Representatives July 28, 1994.

            Attest:






                                                                 Clerk.
                                     





103d CONGRESS

  2d Session

                               H. R. 2448

_______________________________________________________________________

                                 AN ACT

  To improve the accuracy of radon testing products and services, to 
          increase testing for radon, and for other purposes.`