I

103D CONGRESS

1ST SESSION H. R. 2448

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, 1993

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

A BILL

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

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 1993’’.

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
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1 the leading cause of lung cancer, resulting in about

2 14,000 deaths each year.

3 (2) Testing for elevated levels of radon is rel4 atively simple and inexpensive.

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

6 agencies to encourage testing for radon.

7 (4) Efforts to encourage testing have had lim8 ited results, reaching only a small percentage of

9 homes to date.

10 (5) The lack of a mandatory certification proc11 ess leads to inaccurate radon testing, ineffective

12 radon mitigation, erosion of public confidence in the

13 industry, and a waste of consumer investment.

14 (6) Increased public awareness of the dangers

15 of radon gas and the means to mitigate its effects

16 will lead to more informed decision making and a

17 more productive use of resources.

18 SEC. 3. AUTHORIZATION FOR RADON ABATEMENT PROVI19 SIONS OF TOXIC SUBSTANCES CONTROL ACT.

20 (a) IN GENERAL.—Section 311 of the Toxic Sub21 stances Control Act (15 U.S.C. 2662 et seq.) is redesig22 nated as section 318 and amended to read as follows:

23 ‘‘SEC. 318. AUTHORIZATION OF APPROPRIATIONS.

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

25 the provisions of this title (other than section 307) such
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1 sums as may be necessary for the fiscal years 1994

2 through 1997.’’.

3 (b) CONFORMING AMENDMENTS.—The following sec4 tions of title III of the Toxic Substances Control Act (15

5 U.S.C. 2662 et seq.) are repealed:

6 (1) Section 305(f).

7 (2) Section 306(j).

8 (3) Section 308(f).

9 SEC. 4. PERFORMANCE PROGRAM FOR RADON PRODUCTS

10 AND SERVICES.

11 Section 309 of the Toxic Substances Control Act is

12 amended to read as follows:

13 ‘‘SEC. 309. PERFORMANCE AND PROFICIENCY PROGRAM

14 FOR RADON PRODUCTS AND SERVICES.

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

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

17 Awareness and Disclosure Act of 1993, the Administrator

18 shall promulgate regulations establishing a program to re19 quire each of the following—

20 ‘‘(A) Any product for the measurement or miti21 gation of radon shall meet performance criteria that

22 insure the effectiveness of such product.

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

24 for the measurement or mitigation of radon shall
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1 meet a level of proficiency that insures the effective2 ness of such service.

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

4 Radon Awareness and Disclosure Act of 1993, no person

5 may introduce into commerce any product for the meas6 urement or mitigation of radon unless such product meets

7 the performance criteria established under subparagraph

8 (A) and no person may offer a service to the public for

9 the measurement or mitigation of radon unless such per10 son meets the level of proficiency established under sub11 paragraph (B).

12 ‘‘(2) The program established as provided in para13 graph (1) shall include each of the following—

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

15 product introduced in commerce for the measure16 ment or mitigation of radon which does not meet the

17 performance criteria established under paragraph

18 (1)(A).

19 ‘‘(B) Procedures for ordering the discontinu20 ance of any service offered to the public for the

21 measurement or mitigation of radon which does not

22 meet the levels of proficiency established under para23 graph (1)(B).

24 ‘‘(C) Procedures for establishing adequate qual25 ity assurance requirements for each radon measure-
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1 ment or mitigation product introduced into com2 merce and for each radon measurement or mitiga3 tion service offered to the public.

4 ‘‘(b) EFFECTIVENESS OF PRODUCTS; PUBLIC

5 AWARENESS.—The Administrator shall develop and make

6 each of the following available to the public:

7 ‘‘(1) A list of all radon measurement and miti8 gation products which meet minimum performance

9 criteria under paragraph (1)(A) of subsection (a).

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

11 and mitigation methods and products. Such sum12 mary shall include information about the accuracy,

13 effectiveness, cost, and resistance to tampering of

14 such products and methods.

15 ‘‘(c) USER FEE.—(1) Within one year after the en16 actment of the Radon Awareness and Disclosure Act of

17 1993, the Administrator shall promulgate rules imposing

18 user fees on persons who manufacture or import any prod19 uct described in subsection (a)(1)(A) and for persons who

20 offer any service described in subsection (a)(1)(B). The

21 amount of such fees shall be designed to cover the annual

22 operating costs of the Environmental Protection Agency

23 in carrying out the program established under subsection

24 (a), except that the Administrator may reduce the amount

25 of such fees during the first 3 fiscal years after the pro-
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1 mulgation of regulations under subsection (a) in order to

2 promote the availability of radon measurement and miti3 gation products and services. Such fees shall be structured

4 such that any person’s liability for such fees is reasonably

5 based on the proportion of the program’s operating costs

6 that relate to such person, and such person’s liability for

7 such fees shall not be based on the income of such person.

8 ‘‘(2) The fee established under paragraph (1) shall

9 not apply with respect to persons who are employees of

10 public and nonprofit child care facilities, schools, hospitals,

11 nursing homes, or other care facilities and who are provid12 ing services described in subsection (a)(1)(B) at such

13 facilities.

14 ‘‘(d) USE OF FUNDS.—Amounts received for user

15 fees under subsection (b) shall be deposited in a Radon

16 Service Account established in the Treasury of the United

17 States for use by the Administrator, to the extent provided

18 in appropriations Acts, in carrying out the program estab19 lished under subsection (a).’’.

20 SEC. 5. MEDICAL COMMUNITY OUTREACH.

21 Title III of the Toxic Substances Control Act is

22 amended by adding the following new section after section

23 316 (as redesignated by section 11 of this Act):
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1 ‘‘SEC. 317. MEDICAL COMMUNITY OUTREACH.

2 ‘‘(a) IN GENERAL.—The Administrator, in coopera3 tion with the Secretary of Health and Human Services,

4 shall develop and implement an outreach program to pro5 vide information about radon to the medical community.

6 ‘‘(b) INFORMATION.—(1) The Administrator, in con7 sultation with the Secretary of Health and Human Serv8 ices and the Surgeon General, shall develop informational

9 material concerning radon tailored to doctors in general

10 practice and in specialties related to lung cancer. Such in11 formation shall, at a minimum—

12 ‘‘(A) explain the health threats posed by expo13 sure to radon;

14 ‘‘(B) explain the association of radon with

15 smoking and other causes of lung cancer;

16 ‘‘(C) identify appropriate steps to determine ex17 posure to radon in the home; and

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

19 ‘‘(2) Not later than one year after the date of the

20 enactment of this section, the Administrator shall trans21 mit the information developed pursuant to this section

22 to—

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

24 practice;

25 ‘‘(B) doctors in specialties related to lung can26 cer;
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1 ‘‘(C) all doctors employed by the Federal Gov2 ernment;

3 ‘‘(D) all hospital administrators; and

4 ‘‘(E) other physicians and officials determined

5 by the Administrator to be appropriate.

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

7 of enactment of this section, the Administrator, in con8 sultation with the Secretary of Health and Human Serv9 ices, shall report to Congress concerning the implementa10 tion of this section and recommendations for measures to

11 improve radon information dissemination to the medical

12 community.’’.

13 SEC. 6. STRATEGY TO IDENTIFY AND REDUCE EXCEPTION14 ALLY HIGH INDOOR RADON LEVELS.

15 Title III of the Toxic Substances Control Act is

16 amended by adding the following new section after section

17 315 (as added by section 5 of this Act):

18 ‘‘SEC. 316. STRATEGY TO IDENTIFY AND REDUCE EXCEP19 TIONALLY HIGH INDOOR RADON LEVELS.

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

21 months of the date of enactment of the Radon Awareness

22 and Disclosure Act of 1993, the Administrator shall, in

23 consultation with other Federal agencies and scientific ex24 perts in radon health effects, detection, and mitigation,

25 using relevant and available information, develop and pro-
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1 vide to Congress a strategy for identifying areas and build2 ings within the United States with exceptionally high lev3 els of radon and for reducing such radon levels. The Ad4 ministrator shall revise the strategy as necessary to incor5 porate additional relevant information.

6 ‘‘(b) IMPLEMENTATION OF THE STRATEGY.—No

7 later than 9 months after the date of enactment of the

8 Radon Awareness and Disclosure Act of 1993, the Admin9 istrator shall begin to implement the provisions of the

10 strategy required under subsection (a).

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

12 date of enactment of the Radon Awareness and Disclosure

13 Act of 1993, the Administrator shall report to Congress

14 on the results of Federal, State, and local efforts to imple15 ment the strategy developed under subsection (a).’’.

16 SEC. 7. AMENDMENTS TO SECTION 306 OF TSCA.

17 Section 306 of the Toxic Substances Control Act is

18 amended as follows:

19 (1) In subsection (e), strike ‘‘In the event that

20 State applications for funds exceed the total funds

21 available in a fiscal year, the’’ and insert ‘‘The’’.

22 (2) Amend subsection (e) to add the following

23 new paragraph at the end thereof:

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

25 advance the strategy developed under section 315.’’.
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1 (3) In subsection (f), strike ‘‘in the third year’’

2 and insert ‘‘thereafter’’.

3 SEC. 8. ESTABLISHMENT OF PRESIDENT’S COMMISSION ON

4 RADON AWARENESS.

5 (a) ESTABLISHMENT.—There is established a com6 mission to be known as the President’s Commission on

7 Radon Awareness (hereinafter in this Act referred to as

8 the ‘‘Commission’’).

9 (b) DUTIES.—The Commission shall—

10 (1) examine public awareness programs in ef11 fect on the date of the enactment of this Act which

12 are—

13 (A) implemented through various segments

14 of mass media; and

15 (B) intended to raise public awareness of

16 the health threats of radon and the benefits of

17 testing for radon;

18 (2) act as an administrative and coordinating

19 body for the voluntary donation of resources to as20 sist the implementation of new programs and na21 tional strategies for dissemination of information in22 tended to raise awareness of the health threats of

23 radon;

24 (3) encourage media outlets throughout the

25 country to provide information aimed at increasing
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1 radon awareness, including public service announce2 ments and advertisements; and

3 (4) evaluate the effectiveness and assist in the

4 update of programs and national strategies formu5 lated with the assistance of the Commission.

6 (c) NATIONAL RADON EDUCATION CAMPAIGN.—

7 (1) IN GENERAL.—The Administrator of the

8 Environmental Protection Agency, in collaboration

9 with the Commission, shall establish a national edu10 cation campaign to increase public awareness con11 cerning radon health risks and motivate public ac12 tion to reduce radon levels. The national education

13 campaign shall include the use of funds for the pur14 chase and production of public educational mate15 rials. The Administrator is authorized to enter into

16 cooperative agreements to carry out this section.

17 (2) RADON AWARENESS WEEK.—As part of the

18 national education campaign, the Administrator may

19 designate an annual national radon awareness week.

20 (d) MEMBERSHIP AND OPERATION OF COMMIS21 SION.—

22 (1) NUMBER AND APPOINTMENT.—The Com23 mission shall be composed of 12 members appointed

24 by the President within 30 days after the date of the
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1 enactment of this Act, and should include represent2 atives of—

3 (A) advertising agencies;

4 (B) television, radio, cable communica5 tions, and print media;

6 (C) the health industry;

7 (D) other segments of the business sector

8 of the United States;

9 (E) experts in the field of radiation

10 science;

11 (F) consumer groups;

12 (G) the radon testing and remediation in13 dustry; and

14 (H) other Federal agencies, as designated

15 by the President.

16 (2) TERMS.—

17 (A) Except as provided in subparagraphs

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

19 terms of 3 years.

20 (B) Any member appointed to fill a va21 cancy occurring before the expiration of the

22 term for which such member’s predecessor was

23 appointed shall be appointed only for the re24 mainder of such term.
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1 (C) A member may serve after the expira2 tion of the member’s term until a successor to

3 the member has taken office.

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

5 provided in subparagraph (B), members of the Com6 mission shall serve without pay.

7 (B) While away from their homes or regular

8 places of business in the performance of services for

9 the Commission, members shall be allowed travel ex10 penses, including a per diem allowance in lieu of

11 subsistence, in the same manner as persons serving

12 intermittently in the Government services are al13 lowed travel expenses under section 5703 of title 5,

14 United States Code.

15 (4) PROCEDURES, MEETINGS, STAFF, ETC.—

16 The Commission shall establish such rules regarding

17 meetings, including rules regarding quorum, voting

18 and procedure, and regarding staff, experts and con19 sultants as the Commission deems appropriate. The

20 Commission may use the United States mails in the

21 same manner and under the same conditions as

22 other departments and agencies of the United

23 States. The Administrator of General Services shall

24 provide to the Commission on a reimbursable basis
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1 such administrative support services as the Commis2 sion may request.

3 (5) REPORT.—The Commission shall transmit

4 to the President and to each House of Congress a

5 report not later than July 31 of each year which

6 contains a detailed statement of the activities of the

7 Commission during the preceding year, including a

8 summary of the number of public service announce9 ments produced by the Commission and published or

10 broadcast.

11 (6) TERMINATION.—The Commission shall ter12 minate on a date which is 3 years after the date on

13 which members of the Commission are first ap14 pointed, unless the President, by Executive order,

15 extends the authority of the Commission.

16 SEC. 9. NEW CONSTRUCTION.

17 Section 304 of the Toxic Substances Control Act (15

18 U.S.C. 2661 et seq.) is amended as follows:

19 (1) Strike the section heading thereof and in20 sert ‘‘NEW CONSTRUCTION’’.

21 (2) Insert ‘‘(a) MODEL STANDARDS AND TECH22 NIQUES.—’’ before the first sentence.

23 (3) Add the following at the end:

24 ‘‘(b) MINIMUM FEDERAL STANDARDS.—Not later

25 than 1 year after the enactment of this subsection, the
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1 Administrator shall establish minimum radon prevention

2 standards for new vulnerable premises in high radon

3 areas, the construction of which commences after the pro4 mulgation of such standards. Such standards shall, at a

5 minimum, require that radon levels do not exceed the lev6 els achievable through the use of reasonably available and

7 economically achievable methods. The Administrator may,

8 where appropriate, apply such standards outside high

9 radon areas.’’.

10 SEC. 10. AUTHORIZED STATE PROGRAMS.

11 Title III of the Toxic Substances Control Act (15

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

13 new section after section 310 (relating to disclosure of in14 formation concerning radon as added by section 11 of this

15 Act):

16 ‘‘SEC. 311. AUTHORIZED STATE PROGRAMS.

17 ‘‘(a) APPROVAL.—Any State which seeks to admin18 ister and enforce a State program containing the stand19 ards, regulations, or other requirements established under

20 section 309(a)(1)(B)(relating to services for the measure21 ment or mitigation of radon) or 304(b)(relating to new

22 construction standards), or both, may, after notice and op23 portunity for public comment, develop and submit to the

24 Administrator an application, in such form as the Admin25 istrator shall require, for authorization of such a State
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1 program. Any such State may also certify to the Adminis2 trator at the time of submitting such program that the

3 State program meets the requirements of paragraphs (1)

4 and (2) of subsection (b) of this section. Upon submission

5 of such certification, the State program shall be deemed

6 to be authorized under this section, and shall apply in such

7 State in lieu of the corresponding Federal program under

8 section 309(a)(1)(B) or 304(b), or both, as the case may

9 be, until such time as the Administrator disapproves the

10 program or withdraws the authorization.

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

12 following submission of an application under subsection

13 (a), the Administrator shall approve or disapprove the ap14 plication. The Administrator may approve the application

15 only if, after notice and after opportunity for public hear16 ing, the Administrator finds that—

17 ‘‘(1) the State program is at least as protective

18 of human health and the environment as the Federal

19 program under section 309(a)(1)(B) or section

20 304(b), or both, as the case may be, and

21 ‘‘(2) such State program provides adequate en22 forcement.

23 Upon authorization of a State program under this section,

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

25 refuse to comply with any requirement of such program.
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1 ‘‘(c) WITHDRAWAL OF AUTHORIZATION.—If a State

2 is not administering and enforcing a program authorized

3 under this section in compliance with standards, regula4 tions, and other requirements of this title, the Adminis5 trator shall so notify the State and, if corrective action

6 is not completed within a reasonable time, not to exceed

7 180 days, the Administrator shall withdraw authorization

8 of such program and establish a Federal program pursu9 ant to this title.

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

11 after the enactment of this section, the Administrator

12 shall promulgate a model State program which may be

13 adopted by any State which seeks to administer and en14 force a State program under this section. Such program

15 shall encourage reciprocity among the States.

16 ‘‘(e) OTHER STATE REQUIREMENTS.—Nothing in

17 this title shall be construed to prohibit any State or politi18 cal subdivision thereof from imposing any requirements

19 which are more stringent than those imposed by this title.

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

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

22 encourage States to seek program authorization and to

23 use existing State and local programs and procedures for

24 carrying out such program.
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1 ‘‘(g) FEES.—Each State program authorized under

2 this section containing the standards, regulations, or other

3 requirements established under section 309(a)(1)(B) (re4 lating to services for the measurement or mitigation of

5 radon) may include user fees applicable to persons who

6 offer any service described in subsection 309(a)(1)(B) in

7 an amount designed to cover, in whole or in part, the an8 nual operating costs of such program. The user fees under

9 section 309(b) shall not apply to persons subject to user

10 fees under such a State program.’’.

11 SEC. 11. DISCLOSURE OF INFORMATION CONCERNING

12 RADON.

13 Title III of the Toxic Substances Control Act (15

14 U.S.C. 2661 et seq.) is amended by redesignating section

15 310 as section 315 and by adding the following new sec16 tion after section 309:

17 ‘‘SEC. 310. DISCLOSURE OF INFORMATION CONCERNING

18 RADON.

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

20 LEASE.—

21 ‘‘(1) RADON.—Not later than 1 year after the

22 enactment of this section, the Administrator shall

23 promulgate regulations providing for the disclosure

24 of radon in vulnerable premises whenever any such

25 premises is offered for sale or lease. The regulations
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1 shall require that, before the purchaser or lessee is

2 obligated under any contract to purchase or lease

3 the premises, the seller or lessor shall—

4 ‘‘(A) provide the purchaser or lessee with

5 a radon hazard information pamphlet as pre6 scribed in subsection (b);

7 ‘‘(B) disclose to the purchaser or lessee the

8 presence of any known radon and any radon

9 mitigation systems in the vulnerable premises

10 concerned and provide to the purchaser or les11 see any radon measurement report available to

12 the seller or lessor; and

13 ‘‘(C) permit the purchaser a 10-day period

14 (unless the parties mutually agree upon a dif15 ferent period of time) to conduct a test of the

16 premises to detect radon.

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

18 Regulations promulgated under this section shall

19 provide that every contract for the purchase and sale

20 of any vulnerable premises shall include a Radon

21 Warning Statement and a statement signed by the

22 purchaser that the purchaser has—

23 ‘‘(A) read the Radon Warning Statement

24 and understands its contents;
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1 ‘‘(B) received a radon hazard information

2 pamphlet; and

3 ‘‘(C) had a 10-day opportunity (unless the

4 parties mutually agreed upon a different period

5 of time) before becoming obligated under the

6 contract to purchase the premises to conduct a

7 radon test on the premises to detect radon.

8 ‘‘(3) CONTENTS OF RADON WARNING STATE9 MENT.—The Radon Warning Statement referred to

10 in this section shall contain the following text print11 ed in large type on a separate sheet of paper at12 tached to the contract:

‘Every purchaser of any premises with one or more frequently occupied rooms below the third floor is notified that

such premises may present dangerous exposure to radon.

Radon is a naturally occurring radioactive gas which moves

from the soil into premises. It is the second leading cause of

lung cancer, causing thousands of deaths each year. 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

known radon and any radon mitigation systems. Testing for

radon is recommended in every premises to be purchased.’.

13 ‘‘(4) COMPLIANCE ASSURANCE.—Whenever a

14 seller or lessor has entered into a contract with an

15 agent for the purpose of selling or leasing a vulner16 able premises, the regulations promulgated under

17 this section shall require the agent, on behalf of the

18 seller or lessor, to ensure compliance with the re19 quirements of this section.
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1 ‘‘(b) RADON HAZARD INFORMATION PAMPHLET.—

2 Not later than 1 year after the enactment of this section,

3 and after notice and opportunity for comment, the Admin4 istrator shall publish a radon hazard information pam5 phlet. The pamphlet shall, at a minimum—

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

7 exposure at different levels;

8 ‘‘(2) provide information evaluating products

9 and services for the measurement and mitigation of

10 radon;

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

12 of products for the measurement or mitigation of

13 radon which meet the performance criteria estab14 lished under section 309(a)(1) and a list of persons

15 providing radon measurement or mitigation services

16 who meet the proficiency levels established under

17 section 309(a)(1); and

18 ‘‘(4) state that the Administrator recommends

19 that buyers and lessees ascertain the radon level of

20 any vulnerable premises to be purchased or leased.

21 The Administrator shall from time to time review and re22 vise such pamphlet.

23 ‘‘(c) PENALTIES FOR VIOLATIONS.—

24 ‘‘(1) CIVIL LIABILITY.—Any person who know25 ingly violates the provisions of this section shall be
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1 jointly and severally liable to the purchaser or lessee

2 in an amount equal to 3 times the amount of dam3 ages incurred by such individual.

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

5 damages pursuant to paragraph (1), the appropriate

6 court may award court costs to the party commenc7 ing such action, together with reasonable attorney

8 fees and any expert witness fees, if that party pre9 vails.

10 ‘‘(d) OTHER DISCLOSURE REQUIREMENTS.—The

11 Administrator may consolidate the requirements applica12 ble under this section with the disclosure requirements ap13 plicable under other authority of law.

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

15 in this section shall affect the validity or enforceability of

16 any sale or contract for the purchase and sale or lease

17 of any interest in real property or any loan, loan agree18 ment, mortgage, or lien made or arising in connection with

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

20 a defect in title.

21 ‘‘(f) EFFECTIVE DATE.—The regulations under this

22 section shall take effect 2 years after the date of the enact23 ment of this title.’’.
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1 SEC. 12. LOCAL GOVERNMENT ASSISTANCE.

2 Section 306(g) of the Toxic Substances Control Act

3 (15 U.S.C. 2666(g)) is amended by inserting ‘‘(1)’’ before

4 the first sentence thereof and by adding the following at

5 the end thereof:

6 ‘‘(2) The Administrator may set aside a percentage

7 of the grants made to States under this section to be paid

8 by such States to local governments in high radon areas.

9 Such amounts shall be used for eligible activities under

10 subsection (c). In the case of any State not receiving a

11 grant under this section, the Administrator may make

12 grants directly to local governments in such State for such

13 purposes. Subsection (f) shall not apply to any grant to

14 a local government described in the preceding sentence or

15 to any portion of a grant to a State under this section

16 which is paid to a local government as provided in this

17 paragraph.’’.

18 SEC. 13. ENFORCEMENT AND ADMINISTRATIVE PROCEED19 INGS.

20 Title III of the Toxic Substances Control Act (15

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

22 new sections after section 311:

23 ‘‘SEC. 312. PROHIBITED ACTS.

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

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

26 order under this title.
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1 ‘‘SEC. 313. ADMINISTRATIVE PROCEEDINGS.

2 ‘‘The provisions of section 411 shall apply to regula3 tions issued under this title in the same manner and to

4 the same extent as such provisions apply to regulations

5 issued under title IV.

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

7 ‘‘Each department, agency, and instrumentality of

8 executive, legislative, and judicial branches of the Federal

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

10 shall be subject to, and comply with, all Federal, State,

11 interstate, and local requirements, both substantive and

12 procedural (including any requirement for certification, li13 censing, recordkeeping, or reporting or any provisions for

14 injunctive relief and such sanctions as may be imposed by

15 a court to enforce such relief) respecting radon in the

16 same manner, and to the same extent as any nongovern17 mental entity is subject to such requirements, including

18 the payment of reasonable service charges. The Federal,

19 State, interstate, and local substantive and procedural re20 quirements referred to in this subsection include, but are

21 not limited to, all administrative orders and all civil and

22 administrative penalties and fines regardless of whether

23 such penalties or fines are punitive or coercive in nature,

24 or whether imposed for isolated, intermittent or continu25 ing violations. The United States hereby expressly waives

26 any immunity otherwise applicable to the United States
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1 with respect to any such substantive or procedural require2 ment (including, but not limited to, any injunctive relief,

3 administrative order, or civil or administrative penalty or

4 fine referred to in the preceding sentence, or reasonable

5 service charge). The reasonable service charges referred

6 to in this section include, but are not limited to, fees or

7 charges assessed for certification and licensing, as well as

8 any other nondiscriminatory charges that are assessed in

9 connection with a Federal, State, interstate, or local radon

10 program. No agent, employee, or officer of the United

11 States shall be personally liable for any civil penalty under

12 any Federal, State, interstate, or local law relating to

13 radon with respect to any act or omission within the scope

14 of his official duties.’’.

15 SEC. 14. DEFINITIONS.

16 Section 302 of the Toxic Substances Control Act (15

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

18 at the end thereof:

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

20 frequently occupied space below the third floor of

21 any building (other than a building used for indus22 trial purposes).

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

24 county designated by the Administrator as having a

25 predicted average indoor screening level for radon
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1 greater than 4 pCi/L, using the methodology de2 scribed by the Environmental Protection Agency in

3 the report entitled ‘Map of Radon Zones: National

4 Report (Draft—January 1992)’.’’.

5 SEC. 15. TECHNICAL AND CONFORMING AMENDMENTS.

6 The Toxic Substances Control Act (15 U.S.C. 2610)

7 is amended as follows:

8 (1) In the first sentence of subsection (a) of

9 section 11 strike ‘‘mixtures, or products subject to

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

11 title III or title IV’’.

12 (2) In paragraph (1) of subsection (b) of sec13 tion 11, strike ‘‘mixtures, or products subject to title

14 IV’’ and insert ‘‘mixtures, or products subject to

15 title III or IV’’.

16 (3) In paragraph (1) of section 13(a), strike

17 ‘‘or 6, or title IV’’ in each place it appears and in18 sert ‘‘or 6, or title III or IV’’ and strike ‘‘7 or title

19 IV’’ and insert ‘‘7 or title III or IV’’.

20 (4) In section 16, strike ‘‘or 409’’ and insert ‘‘,

21 409 or 312’’ each place it appears.

22 (5) In section 17:

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

24 and insert ‘‘, 409, or 312’’.
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1 (B) Strike ‘‘title IV’’ in each place it ap2 pears in subparagraphs (B) and (D) of sub3 section (a)(1) and in subsection (b) and insert

4 ‘‘title III or title IV’’.

5 (6) In section 19 in the first sentence of sub6 section (a)(1)(A), after ‘‘title II’’ insert ‘‘, III’’.

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

8 III,’’ in each place it appears.

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

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

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

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

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

14 sentence ‘‘or, after the date 2 years after the enact15 ment of the Radon Awareness and Disclosure Act of

16 1993, a proficiency program under section 309’’.

17 (10) In section 315 (as redesignated by this

18 Act) insert ‘‘, including recordkeeping and reporting

19 requirements,’’ after ‘‘regulations’’.

20 (11) The table of contents for title III of such

21 Act (contained in section 1 of such Act) is amended

22 as follows:

23 (A) Amend the item relating to section 304

24 to read as follows:

‘‘Sec. 304. New construction.’’.
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1 (B) Strike out the items relating to section

2 309 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. Authorization of appropriations.’’.

Æ

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