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.

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’’.
2

•HR 2448 EH

1 SEC. 2. FINDINGS.

2 The Congress finds the following:

3 (1) The Environmental Protection Agency has

4 determined that radon is second only to smoking as

5 the leading cause of lung cancer, resulting in an es6 timated 7,000 to 30,000 deaths each year.

7 (2) Testing for elevated levels of radon is rel8 atively simple and inexpensive.

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

10 agencies to encourage testing for radon.

11 (4) Efforts to encourage testing have had lim12 ited results, reaching only a small percentage of

13 homes to date.

14 (5) The lack of a mandatory certification proc15 ess leads to inaccurate radon testing, ineffective

16 radon mitigation, erosion of public confidence in the

17 industry, and a waste of consumer investment.

18 (6) Increased public awareness of the dangers

19 of radon gas and the means to mitigate its effects

20 will lead to more informed decision making and a

21 more productive use of resources.

22 SEC. 3. DEFINITIONS.

23 Section 302 of the Toxic Substances Control Act (15

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

25 end thereof:
3

•HR 2448 EH

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

2 frequently occupied space below the third floor of

3 any building (other than a building used for indus4 trial purposes).

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

6 county designated by the Administrator as having a

7 predicted average indoor screening level for radon

8 greater than 4 pCi/L, using the methodology de9 scribed by the Environmental Protection Agency in

10 the report entitled ‘Map of Radon Zones: National

11 Report (December 3, 1993)’, including any amend12 ments or revisions thereto.’’.

13 SEC. 4. NEW CONSTRUCTION.

14 Section 304 of the Toxic Substances Control Act (15

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

16 (1) By striking the section heading thereof and

17 inserting ‘‘NEW CONSTRUCTION.’’.

18 (2) By inserting ‘‘(a) MODEL STANDARDS AND

19 TECHNIQUES.—’’ before the first sentence and strik20 ing the last 2 sentences.

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

22 ‘‘(b) FINALIZATION OF MODEL STANDARDS.—Not

23 later than 3 months after enactment of this subsection,

24 the Administrator shall promulgate model construction

25 standards for controlling radon levels in new vulnerable
4

•HR 2448 EH

1 premises which are located in high radon areas and which

2 are covered by the model standards published by the Ad3 ministrator on March 21, 1994 (59 Fed. Reg. 13402). Not

4 later than 2 years after the enactment of this subsection,

5 the Administrator shall promulgate model construction

6 standards for controlling radon levels in new vulnerable

7 premises which are located in high radon areas and which

8 are not covered by such proposed model standards. The

9 model standards shall achieve significant radon risk reduc10 tion and be technologically achievable and readily

11 implementable. The Administrator may, where appro12 priate, promulgate model standards for controlling radon

13 levels in new vulnerable premises in other areas designated

14 by the Administrator.

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

16 (1) The Administrator shall work to ensure that organiza17 tions responsible for developing national model codes for

18 new vulnerable premises adopt, and State and local au19 thorities which regulate construction of new vulnerable

20 premises adopt and enforce, the model construction stand21 ards promulgated under subsection (b).

22 ‘‘(2) If the Administrator determines that an organi23 zation responsible for developing national model codes for

24 new vulnerable premises has adopted standards for con25 trolling radon levels in new vulnerable premises that are
5

•HR 2448 EH

1 at least as protective of human health and the environ2 ment as the model construction standards promulgated

3 under subsection (b), such standards shall be certified as

4 equivalent to the model construction standards promul5 gated under subsection (b).

6 ‘‘(3) At the same time that the Administrator pro7 mulgates model construction standards under subsection

8 (b), the Administrator shall publish a pamphlet that de9 scribes the standards and their costs and benefits. The

10 Administrator shall work with interested parties to achieve

11 the broad distribution of the pamphlet. Such distribution

12 may be coordinated with the distribution of the pamphlet

13 distributed under section 310.

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

15 In addition to the disclosure requirements of section 310,

16 the following disclosure requirements shall apply to sales

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

18 premises in high radon areas, or other designated areas,

19 covered by model construction standards promulgated

20 under subsection (b):

21 ‘‘(A) Any person who sells such a new vulner22 able premises shall, prior to the signing of a sales

23 contract—
6

•HR 2448 EH

1 ‘‘(i) provide the purchaser with the pam2 phlet on radon prevention in construction pub3 lished under paragraph (3) of subsection (c),

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

5 the premises are located in a high radon area

6 (or other area designated under subsection (b))

7 and that the Administrator recommends that

8 such premises be constructed in compliance

9 with the model construction standards promul10 gated under subsection (b) or other construc11 tion standards certified as equivalent to such

12 standards under subsection (c)(2), and

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

14 purchaser whether the premises have been, or

15 will be, constructed in compliance with such

16 model construction standards or other construc17 tion standards certified as equivalent to such

18 standards under subsection (c)(2).

19 ‘‘(B) The radon warning statement under sec20 tion 310 included in any contract for purchase and

21 sale of any such new vulnerable premises shall in22 clude an acknowledgement signed by the purchaser

23 that the purchaser has—
7

•HR 2448 EH

1 ‘‘(i) received the pamphlet on radon pre2 vention in construction published under para3 graph (3) of subsection (c),

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

5 premises are located in a high radon area (or

6 other area designated under subsection (b)) and

7 that the Administrator recommends that such

8 premises be constructed in compliance with the

9 model construction standards promulgated

10 under subsection (b) or other construction

11 standards certified as equivalent to such stand12 ards under subsection (c)(2), and

13 ‘‘(iii) received a written disclosure indicat14 ing whether the premises has been, or will be,

15 constructed in compliance with such model con16 struction standards or other construction stand17 ards certified as equivalent to such standards

18 under subsection (c)(2).

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

20 local authority which regulates construction of new vulner21 able premises in a high radon area (or other area des22 ignated under subsection (b)) has adopted and is enforcing

23 in such area either the model construction standards pro24 mulgated under subsection (b) or other standards for con25 trolling radon levels in new vulnerable premises that are
8

•HR 2448 EH

1 at least as protective of human health and the environ2 ment as such model standards, any person who constructs

3 a new vulnerable premises in such area after such deter4 mination shall be exempt from the disclosure requirements

5 of paragraph (1). Any State or local authority may submit

6 to the Administrator State or local standards for control7 ling radon levels in new vulnerable premises. The Adminis8 trator shall determine within 60 days after the date of

9 such submission whether such standards are as protective

10 of human health and the environment as the model stand11 ards.

12 ‘‘(3) The requirements of this subsection shall take

13 effect on the later of (A) the date 31 months after promul14 gation of the model construction standards under sub15 section (b) covering the new vulnerable premises con16 cerned, or (B) the effective date of the requirements under

17 section 310. Six months before the requirements of this

18 subsection take effect in a high radon area (or other area

19 designated under subsection (b)), the Administrator shall

20 provide notice of such requirements to the State in which

21 such area is located.

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

23 established in paragraph (3), the Administrator shall,

24 after notice and opportunity for comment, publish a list

25 of the areas to which the model construction standards
9

•HR 2448 EH

1 concerned are applicable, together with a map of all such

2 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 Admin7 istrator shall report to Congress on the extent to which

8 State and local authorities which regulate construction of

9 new vulnerable premises have adopted and are enforcing

10 the model construction standards promulgated under sub11 section (b), and new vulnerable premises are being con12 structed in compliance with such standards. Such report

13 shall contain a list of State and local authorities in areas

14 covered by model standards which have adopted and are

15 enforcing such standards and a list of those which have

16 not adopted or are not enforcing such standards. Such re17 port shall identify 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

22 model construction standards,

23 and shall make recommendations for overcoming such ob24 stacles.
10

•HR 2448 EH

1 ‘‘(f) GUIDANCE FOR CERTAIN PREMISES.—Not later

2 than 2 years after the enactment of this subsection, the

3 Administrator shall promulgate guidance for measuring

4 and mitigating radon levels in existing vulnerable premises

5 not covered by the proposed model standards published by

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

7 19097).

8 ‘‘(g) OTHER DISCLOSURE REQUIREMENTS.—The

9 Administrator may consolidate the requirements applica10 ble under this section with the disclosure requirements ap11 plicable under other authority of law.

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

13 in this section shall affect the validity or enforceability of

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

15 of any interest in real property or any loan, loan agree16 ment, mortgage, or lien made or arising in connection with

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

18 a defect in title.’’.

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

20 Section 306 of the Toxic Substances Control Act (15

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

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

23 that State applications for funds exceed the total

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

25 ‘‘The’’.
11

•HR 2448 EH

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

5 (relating to strategy to identify and reduce excep6 tionally 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 follow11 ing at the end thereof:

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

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

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

15 Such amounts shall be used for eligible activities under

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

17 grant under this section, the Administrator may make

18 grants directly to local governments in such State for such

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

20 a local government described in the preceding sentence or

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

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

23 paragraph.’’.
12

•HR 2448 EH

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

13 radon shall meet performance criteria that insure

14 the effectiveness of such product.

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

16 for the measurement or mitigation of radon shall

17 meet a level of proficiency that insures the effective18 ness of 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 meas22 urement of radon unless such product meets the perform23 ance criteria established under subparagraph (A) and no

24 person may offer a service to the public for the measure25 ment or mitigation of radon unless such person meets the

26 level of proficiency established under subparagraph (B).
13

•HR 2448 EH

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 measure5 ment of radon which does not meet the performance

6 criteria established under paragraph (1)(A).

7 ‘‘(B) Procedures for ordering the discontinu8 ance of any service offered to the public for the

9 measurement or mitigation of radon which does not

10 meet the levels of proficiency established under para11 graph (1)(B).

12 ‘‘(C) Procedures for establishing adequate qual13 ity assurance requirements for each radon measure14 ment product introduced into commerce and for each

15 radon measurement or mitigation service offered to

16 the public.

17 ‘‘(b) EFFECTIVENESS OF PRODUCTS; PUBLIC

18 AWARENESS.—The Administrator shall develop and make

19 each of 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 sum25 mary shall include information about the accuracy,
14

•HR 2448 EH

1 effectiveness, cost, and resistance to tampering of

2 such products and methods.

3 ‘‘(c) USER FEE.—(1) Within one year after the en4 actment of the Radon Awareness and Disclosure Act of

5 1994, the Administrator shall promulgate rules imposing

6 user fees on persons who manufacture or import any prod7 uct described in subsection (a)(1)(A) and for persons who

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

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

10 operating costs of the Environmental Protection Agency

11 in carrying out the program established under subsection

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

13 of such fees during the first 3 fiscal years after the pro14 mulgation of regulations under subsection (a) in order to

15 promote the availability of radon measurement and miti16 gation products and services. Such fees shall be structured

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

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

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

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

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

22 not apply with respect to persons who are employees of

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

24 nursing homes, or other care facilities and who are provid-
15

•HR 2448 EH

1 ing services described in subsection (a)(1)(B) at such

2 facilities.

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

4 fees under subsection (c) shall be deposited in a Radon

5 Service Account established in the Treasury of the United

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

7 in appropriations Acts, in carrying out the program estab8 lished under subsection (a).’’.

9 SEC. 7. DISCLOSURE OF INFORMATION CONCERNING

10 RADON.

11 Section 310 of the Toxic Substances Control Act (15

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

13 ‘‘SEC. 310. DISCLOSURE OF INFORMATION CONCERNING

14 RADON.

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

16 LEASE.—

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

18 enactment of this section, the Administrator shall

19 promulgate regulations providing for the disclosure

20 of radon in vulnerable premises whenever any such

21 premises is offered for sale or lease. The regulations

22 shall require that, prior to the signing of a sales con23 tract or lease, the seller or lessor shall—
16

•HR 2448 EH

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

2 a radon hazard information pamphlet as pre3 scribed in subsection (b); and

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

5 presence of any known radon measurement re6 port prepared for, or received by, the seller or

7 lessor and any known radon mitigation systems

8 in the vulnerable premises concerned.

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

10 Regulations promulgated under this section shall

11 provide that every contract for the purchase and sale

12 of any vulnerable premises shall include a Radon

13 Warning Statement with an acknowledgement signed

14 by the purchaser that the purchaser has—

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

16 ‘‘(B) received a radon hazard information

17 pamphlet; and

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

19 the opportunity to conduct a test of the prem20 ises for radon, on terms and conditions mutu21 ally agreeable to purchaser and seller, or

22 ‘‘(ii) agreed to purchase the premises with23 out further testing of the premises for radon.

24 The acknowledgement shall identify which option

25 (clause (i) or (ii)) the purchaser has agreed to.
17

•HR 2448 EH

1 ‘‘(3) CONTENTS OF RADON WARNING STATE2 MENT.—The Radon Warning Statement referred to

3 in this section shall contain the following text print4 ed in large type on a separate sheet of paper at5 tached 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.’.

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

7 seller or lessor has entered into a contract with an

8 agent for the purpose of selling or leasing a vulner9 able premises, the regulations promulgated under

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

11 seller or lessor, to ensure compliance with the re12 quirements of this section.

13 ‘‘(b) RADON HAZARD INFORMATION PAMPHLET.—

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

15 and after notice and opportunity for comment, the Admin16 istrator shall publish a radon hazard information pam17 phlet. The pamphlet shall, at a minimum—

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

19 exposure at different levels;

20 ‘‘(2) provide information evaluating products

21 and services for the measurement and mitigation of

22 radon;
18

•HR 2448 EH

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

2 of products for the measurement of radon which

3 meet the performance criteria established under sec4 tion 309(a)(1) and a list of persons providing radon

5 measurement or mitigation services who meet the

6 proficiency levels established under section

7 309(a)(1);

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

9 has a right to negotiate an opportunity to conduct

10 a test of the premises to detect radon; and

11 ‘‘(5) state that the Administrator recommends

12 that buyers and lessees ascertain the radon level of

13 any vulnerable premises to be purchased or leased.

14 The Administrator shall from time to time review and re15 vise such pamphlet.

16 ‘‘(c) PENALTIES FOR VIOLATIONS.—

17 ‘‘(1) CIVIL LIABILITY.—Any person who know18 ingly violates the provisions of this section shall be

19 jointly and severally liable to the purchaser or lessee

20 in an amount equal to the reasonable costs of radon

21 mitigation incurred by such person at the vulnerable

22 premises.

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

24 damages pursuant to paragraph (1), the appropriate

25 court may award court costs to any prevailing or
19

•HR 2448 EH

1 substantially prevailing party, together with reason2 able attorney fees and any expert witness fees.

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

4 purposes of applying civil penalties under section 16

5 in the case of any violation of this section by a seller

6 or lessor, the maximum penalty applicable under sec7 tion 16 shall be $2,000 in the case of a seller and

8 an amount equal to 2 months rent in the case of a

9 lessor. For purposes of applying such penalties to

10 any such violation, the second sentence of section

11 16(a)(1) shall not apply.

12 ‘‘(4) EXEMPTION FROM CRIMINAL PENALTIES

13 AND CITIZENS SUITS.—No criminal penalties shall

14 be imposed under section 16(b) for any violation of

15 this section and no action may be brought under

16 section 20(a)(1) for any such violation.

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

18 Administrator may consolidate the requirements applica19 ble under this section with the disclosure requirements ap20 plicable under other authority of law.

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

22 in this section shall affect the validity or enforceability of

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

24 of any interest in real property or any loan, loan agree25 ment, mortgage, or lien made or arising in connection with
20

•HR 2448 EH

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

2 a defect in title.

3 ‘‘(f) SHORT TERM LEASES.—This section shall not

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

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

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

7 section shall take effect 2 years after the date of the enact8 ment of this title.’’.

9 SEC. 8. AUTHORIZED STATE PROGRAMS.

10 Section 311 of the Toxic Substances Control Act (15

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

12 ‘‘SEC. 311. AUTHORIZED STATE PROGRAMS.

13 ‘‘(a) APPROVAL.—Any State which seeks to admin14 ister and enforce a State program containing the stand15 ards, regulations, or other requirements established under

16 section 304(d) (relating to incentives for voluntary compli17 ance), section 309(a)(1)(B)(relating to services for the

18 measurement or mitigation of radon), or 310 (relating to

19 disclosure of information concerning radon), or any com20 bination thereof, may, after notice and opportunity for

21 public comment, develop and submit to the Administrator

22 an application, in such form as the Administrator shall

23 require, for authorization of such a State program. Any

24 such State may also certify to the Administrator at the

25 time of submitting such program that the State program
21

•HR 2448 EH

1 meets the requirements of paragraphs (1) and (2) of sub2 section (b) of this section. Upon submission of such certifi3 cation, the State program shall be deemed to be author4 ized under this section, and shall apply in such State in

5 lieu of the corresponding Federal program under section

6 304(d), 309(a)(1)(B) or 310, or any combination thereof,

7 as the case may be, until such time as the Administrator

8 disapproves the program or withdraws the authorization.

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

10 following submission of an application under subsection

11 (a), the Administrator shall approve or disapprove the ap12 plication. The Administrator shall disapprove the applica13 tion if, after notice and after opportunity for public hear14 ing, the Administrator finds that—

15 ‘‘(1) the State program is not at least as pro16 tective of human health and the environment as the

17 Federal program under section 304(d), 309(a)(1)(B)

18 or 310, or any combination thereof, as the case may

19 be, or

20 ‘‘(2) such State program does not provide ade21 quate enforcement.

22 Upon authorization of a State program under this section,

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

24 refuse to comply with any requirement of such program.
22

•HR 2448 EH

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.
23

•HR 2448 EH

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. 9. ENFORCEMENT AND ADMINISTRATIVE PROCEED12 INGS.

13 Title III of the Toxic Substances Control Act (15

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

15 new sections after section 311:

16 ‘‘SEC. 312. PROHIBITED ACTS.

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

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

19 order under this title.

20 ‘‘SEC. 313. ADMINISTRATIVE PROCEEDINGS.

21 ‘‘The provisions of section 411 shall apply to regula22 tions issued under this title in the same manner and to

23 the same extent as such provisions apply to regulations

24 issued under title IV.
24

•HR 2448 EH

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

2 ‘‘Each department, agency, and instrumentality of

3 executive, legislative, and judicial branches of the Federal

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

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

6 interstate, and local requirements, both substantive and

7 procedural (including any requirement for certification, li8 censing, recordkeeping, or reporting or any provisions for

9 injunctive relief and such sanctions as may be imposed by

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

11 same manner, and to the same extent as any nongovern12 mental entity is subject to such requirements, including

13 the payment of reasonable service charges. The Federal,

14 State, interstate, and local substantive and procedural re15 quirements referred to in this subsection include, but are

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

17 administrative penalties and fines regardless of whether

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

19 or whether imposed for isolated, intermittent or continu20 ing violations. The United States hereby expressly waives

21 any immunity otherwise applicable to the United States

22 with respect to any such substantive or procedural require23 ment (including, but not limited to, any injunctive relief,

24 administrative order, or civil or administrative penalty or

25 fine referred to in the preceding sentence, or reasonable

26 service charge). The reasonable service charges referred
25

•HR 2448 EH

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

2 charges assessed for certification and licensing, as well as

3 any other nondiscriminatory charges that are assessed in

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

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

6 States shall be personally liable for any civil penalty under

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

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

9 of his official duties.

10 ‘‘SEC. 315. REGULATIONS.

11 ‘‘The Administrator is authorized to issue such regu12 lations, including recordkeeping and reporting require13 ments, as may be necessary to carry out the provisions

14 of this title.’’.

15 SEC. 10. STRATEGY TO IDENTIFY AND REDUCE EXCEPTION16 ALLY HIGH INDOOR RADON LEVELS.

17 Title III of the Toxic Substances Control Act (15

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

19 new section after section 315:

20 ‘‘SEC. 316. STRATEGY TO IDENTIFY AND REDUCE EXCEP21 TIONALLY HIGH INDOOR RADON LEVELS.

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

23 months of the date of enactment of the Radon Awareness

24 and Disclosure Act of 1994, the Administrator shall, in

25 consultation with other Federal agencies and scientific ex-
26

•HR 2448 EH

1 perts in radon health effects, detection, and mitigation,

2 using relevant and available information, develop and pro3 vide to Congress a strategy using the authorities of the

4 Administrator for identifying areas and buildings within

5 the United States with exceptionally high levels of radon

6 and for reducing such radon levels. The Administrator

7 shall revise the strategy as necessary to incorporate addi8 tional relevant information.

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

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

11 Radon Awareness and Disclosure Act of 1994, the Admin12 istrator shall begin to implement the provisions of the

13 strategy required under subsection (a).

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

15 date of enactment of the Radon Awareness and Disclosure

16 Act of 1994, the Administrator shall report to Congress

17 on the results of Federal, State, and local efforts to imple18 ment the strategy developed under subsection (a).’’.

19 SEC. 11. MEDICAL COMMUNITY OUTREACH.

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 section after section 316:

23 ‘‘SEC. 317. MEDICAL COMMUNITY OUTREACH.

24 ‘‘(a) IN GENERAL.—The Administrator, in coopera25 tion with the Secretary of Health and Human Services,
27

•HR 2448 EH

1 shall develop and implement an outreach program to pro2 vide information about radon to the medical community.

3 ‘‘(b) INFORMATION.—(1) The Administrator, in con4 sultation with the Secretary of Health and Human Serv5 ices and the Surgeon General, shall develop informational

6 material concerning radon tailored to doctors in general

7 practice and in specialties related to lung cancer. Such in8 formation shall, at a minimum—

9 ‘‘(A) explain the health threats posed by expo10 sure to radon;

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

12 smoking and other causes of lung cancer;

13 ‘‘(C) identify appropriate steps to determine ex14 posure to radon in the home; and

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

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

17 enactment of this section, the Administrator shall trans18 mit the information developed pursuant to this section

19 to—

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

21 practice;

22 ‘‘(B) doctors in specialties related to lung can23 cer;

24 ‘‘(C) all doctors employed by the Federal Gov25 ernment;
28

•HR 2448 EH

1 ‘‘(D) all hospital administrators; and

2 ‘‘(E) other physicians and officials determined

3 by the Administrator to be appropriate.

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

5 of enactment of this section, the Administrator, in con6 sultation with the Secretary of Health and Human Serv7 ices, shall report to Congress concerning the implementa8 tion of this section and recommendations for measures to

9 improve radon information dissemination to the medical

10 community.’’.

11 SEC. 12. UNBIASED PRESENTATION OF RISK INFORMATION.

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 317:

15 ‘‘SEC. 318. UNBIASED PRESENTATION OF RISK INFORMA16 TION.

17 ‘‘The Administrator, in carrying out his or her re18 sponsibilities under this title, shall ensure that the presen19 tation of information on the health risks associated with

20 exposure to radon and radon progeny is unbiased and in21 formative. To the extent feasible, documents made avail22 able to the general public which describe the degree of risk

23 from exposure to radon and radon progeny shall, at a min24 imum, characterize the population or populations ad25 dressed by any risk estimates; state the expected risk for
29

•HR 2448 EH

1 the specific population; and state the reasonable range of

2 uncertainty.’’.

3 SEC. 13. AUTHORIZATION FOR RADON ABATEMENT PROVI4 SIONS OF TOXIC SUBSTANCES CONTROL ACT.

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

6 Control Act (15 U.S.C. 2661 et seq.) is amended by add7 ing the following new section after section 318:

8 ‘‘SEC. 319. AUTHORIZATION OF APPROPRIATIONS.

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

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

11 sums as may be necessary for the fiscal years 1994

12 through 1997.’’.

13 (b) CONFORMING AMENDMENTS.—The following sec14 tions of title III of the Toxic Substances Control Act (15

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

16 (1) Section 305(f).

17 (2) Section 306(j).

18 (3) Section 308(f).

19 SEC. 14. TECHNICAL AND CONFORMING AMENDMENTS.

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

21 and following) is amended as follows:

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

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

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

25 title III or title IV’’.
30

•HR 2448 EH

1 (2) In paragraph (1) of subsection (b) of sec2 tion 11, strike ‘‘mixtures, or products subject to title

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

4 title III or IV’’.

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

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

7 or title III or IV’’ and strike ‘‘7 or title IV’’ and in8 sert ‘‘7 or title III or IV’’.

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

10 312, or 409’’ each place it appears.

11 (5) In section 17:

12 (A) In subsection (a)(1)(A) strike ‘‘or

13 409’’ and insert ‘‘, 312, or 409’’.

14 (B) Strike ‘‘title IV’’ in each place it ap15 pears in subparagraphs (B) and (D) of sub16 section (a)(1) and in subsection (b) and insert

17 ‘‘title III or title IV’’.

18 (6) In section 19 in the first sentence of sub19 section (a)(1)(A), after ‘‘title II’’ insert ‘‘, III,’’.

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

21 III,’’ in each place it appears.

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

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

24 program is in effect under section 309, operation’’.
31

•HR 2448 EH

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

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

3 sentence ‘‘or, after the date 2 years after the enact4 ment of the Radon Awareness and Disclosure Act of

5 1994, a proficiency program under section 309’’.

6 (10) The table of contents for title III of such

7 Act (contained in section 1 of the Act) is amended

8 as follows:

9 (A) Amend the item relating to section 304

10 to read as follows:

‘‘Sec. 304. New construction.’’.

11 (B) Strike out the items relating to section

12 309 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.’’.

13 SEC. 15. ESTABLISHMENT OF PRESIDENT’S COMMISSION

14 ON RADON AWARENESS.

15 (a) ESTABLISHMENT.—There is established a com16 mission to be known as the President’s Commission on

17 Radon Awareness (hereinafter in this Act referred to as

18 the ‘‘Commission’’).
32

•HR 2448 EH

1 (b) DUTIES.—The Commission shall—

2 (1) examine public awareness programs in ef3 fect on the date of the enactment of this Act which

4 are—

5 (A) implemented through various segments

6 of mass media; and

7 (B) intended to raise public awareness of

8 the health threats of radon and the benefits of

9 testing for radon;

10 (2) act as an administrative and coordinating

11 body for the voluntary donation of resources to as12 sist the implementation of new programs and na13 tional strategies for dissemination of information in14 tended to raise awareness of the health threats of

15 radon;

16 (3) encourage media outlets throughout the

17 country to provide information aimed at increasing

18 radon awareness, including public service announce19 ments and advertisements; and

20 (4) evaluate the effectiveness and assist in the

21 update of programs and national strategies formu22 lated with the assistance of the Commission.

23 (c) NATIONAL RADON EDUCATION CAMPAIGN.—

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

25 Environmental Protection Agency, in collaboration
33

•HR 2448 EH

1 with the Commission, shall establish a national edu2 cation campaign to increase public awareness con3 cerning radon health risks and motivate public ac4 tion to reduce radon levels. The national education

5 campaign shall include the use of funds for the pur6 chase and production of public educational mate7 rials. The Administrator is authorized to enter into

8 cooperative agreements to carry out this section.

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

10 national education campaign, the Administrator may

11 designate an annual national radon awareness week.

12 (d) MEMBERSHIP AND OPERATION OF COMMIS13 SION.—

14 (1) NUMBER AND APPOINTMENT.—The Com15 mission shall be composed of 12 members appointed

16 by the President within 30 days after the date of the

17 enactment of this Act, and should include represent18 atives of—

19 (A) advertising agencies;

20 (B) television, radio, cable communica21 tions, and print media;

22 (C) the health industry;

23 (D) other segments of the business sector

24 of the United States;
34

•HR 2448 EH

1 (E) experts in the field of radiation

2 science;

3 (F) consumer groups;

4 (G) the radon testing and remediation in5 dustry; and

6 (H) other Federal agencies, as designated

7 by the President.

8 (2) TERMS.—

9 (A) Except as provided in subparagraphs

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

11 terms of 3 years.

12 (B) Any member appointed to fill a va13 cancy occurring before the expiration of the

14 term for which such member’s predecessor was

15 appointed shall be appointed only for the re16 mainder of such term.

17 (C) A member may serve after the expira18 tion of the member’s term until a successor to

19 the member has taken office.

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

21 provided in subparagraph (B), members of the Com22 mission shall serve without pay.

23 (B) While away from their homes or regular

24 places of business in the performance of services for

25 the Commission, members shall be allowed travel ex-
35

•HR 2448 EH

1 penses, including a per diem allowance in lieu of

2 subsistence, in the same manner as persons serving

3 intermittently in the Government services are al4 lowed travel expenses under section 5703 of title 5,

5 United States Code.

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

7 The Commission shall establish such rules regarding

8 meetings, including rules regarding quorum, voting

9 and procedure, and regarding staff, experts and con10 sultants as the Commission deems appropriate. The

11 Commission may use the United States mails in the

12 same manner and under the same conditions as

13 other departments and agencies of the United

14 States. The Administrator of General Services shall

15 provide to the Commission on a reimbursable basis

16 such administrative support services as the Commis17 sion may request.

18 (5) REPORT.—The Commission shall transmit

19 to the President and to each House of Congress a

20 report not later than July 31 of each year which

21 contains a detailed statement of the activities of the

22 Commission during the preceding year, including a

23 summary of the number of public service announce24 ments produced by the Commission and published or

25 broadcast.
36

•HR 2448 EH

1 (6) TERMINATION.—The Commission shall ter2 minate on a date which is 3 years after the date on

3 which members of the Commission are first ap4 pointed, unless the President, by Executive order,

5 extends the authority of the Commission.

6 SEC. 16. SENSE OF CONGRESS; REQUIREMENT REGARDING

7 NOTICE.

8 (a) PURCHASE OF AMERICAN-MADE EQUIPMENT

9 AND PRODUCTS.—In the case of any equipment or prod10 ucts that may be authorized to be purchased with financial

11 assistance provided under this Act, it is the sense of the

12 Congress that entities receiving such assistance should, in

13 expending the assistance, purchase only American-made

14 equipment and products.

15 (b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In

16 providing financial assistance under this Act, the head of

17 each Federal agency shall provide to each recipient of the

18 assistance a notice describing the statement made in sub19 section (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

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