309(a)(1) and a list of persons providing radon meas-
urement or mitigation services who meet the pro-
ficiency 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 re-
vise such pamphlet.
‘‘(c) PENALTIES FOR VIOLATIONS.—
‘‘(1) CIVIL LIABILITY.—Any person who know-
ingly 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 reason-
able 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 sec-
tion 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 Ad-
ministrator may consolidate the requirements applicable
under this section with the disclosure requirements applica-
ble 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 enact-
ment 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, reg-
ulations, or other requirements established under section
304(d) (relating to incentives for voluntary compliance),
section 309(a)(1)(B)(relating to services for the measure-
ment or mitigation of radon), or 310 (relating to disclosure
of information concerning radon), or any combination
thereof, may, after notice and opportunity for public com-
ment, develop and submit to the Administrator an applica-
tion, 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 require-
ments 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 with-
draws the authorization.
‘‘(b) APPROVAL OR DISAPPROVAL.—Within 180 days
following submission of an application under subsection
(a), the Administrator shall approve or disapprove the ap-
plication. The Administrator shall disapprove the applica-
tion if, after notice and after opportunity for public hear-
ing, the Administrator finds that—
‘‘(1) the State program is not at least as protec-
tive of human health and the environment as the Fed-
eral 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 ade-
quate 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, regula-
tions, and other requirements of this title, the Adminis-
trator 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 carry-
ing 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) (relat-
ing 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 PROCEED-
INGS.
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 regula-
tions issued under this title in the same manner and to
the same extent as such provisions apply to regulations is-
sued under title IV.
‘‘SEC. 314. CONTROL OF RADON AT FEDERAL FACILITIES.
‘‘Each department, agency, and instrumentality of ex-
ecutive, 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,
employee, or officer of the United States shall be personally
liable for any civil penalty under any Federal, State, inter-
state, 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 regula-
tions, including recordkeeping and reporting requirements,
as may be necessary to carry out the provisions of this
title.’’.
SEC. 10. STRATEGY TO IDENTIFY AND REDUCE EXCEPTION-
ALLY 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 EXCEP-
TIONALLY 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 con-
sultation with other Federal agencies and scientific experts
in radon health effects, detection, and mitigation, using rel-
evant and available information, develop and provide to
Congress a strategy using the authorities of the Adminis-
trator for identifying areas and buildings within the United
States with exceptionally high levels of radon and for reduc-
ing such radon levels. The Administrator shall revise the
strategy as necessary to incorporate additional relevant in-
formation.
‘‘(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 re-
quired 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 coopera-
tion with the Secretary of Health and Human Services,
shall develop and implement an outreach program to pro-
vide information about radon to the medical community.
‘‘(b) INFORMATION.—(1) The Administrator, in con-
sultation with the Secretary of Health and Human Services
and the Surgeon General, shall develop informational mate-
rial 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 smok-
ing and other causes of lung cancer;
‘‘(C) identify appropriate steps to determine ex-
posure to radon in the home; and
‘‘(D) identify sources of additional information.
‘‘(2) Not later than one year after the date of the enact-
ment 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 Govern-
ment;
‘‘(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 consulta-
tion 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 commu-
nity.’’.
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 INFORMA-
TION.
‘‘The Administrator, in carrying out his or her respon-
sibilities 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 gen-
eral public which describe the degree of risk from exposure
to radon and radon progeny shall, at a minimum, charac-
terize 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 PROVI-
SIONS 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 sec-
tions 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 sec-
tion 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 in-
sert ‘‘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 ap-
pears in subparagraphs (B) and (D) of sub-
section (a)(1) and in subsection (b) and insert
‘‘title III or title IV’’.
(6) In section 19 in the first sentence of sub-
section (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 enact-
ment 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 fol-
lows:
(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 commis-
sion to be known as the President’s Commission on Radon
Awareness (hereinafter in this Act referred to as the ‘‘Com-
mission’’).
(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 coun-
try 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 formu-
lated with the assistance of the Commission.
(c) NATIONAL RADON EDUCATION CAMPAIGN.—
(1) IN GENERAL.—The Administrator of the En-
vironmental 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 re-
duce radon levels. The national education campaign
shall include the use of funds for the purchase and
production of public educational materials. The Ad-
ministrator 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 Commis-
sion shall be composed of 12 members appointed by
the President within 30 days after the date of the en-
actment of this Act, and should include representa-
tives 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 in-
dustry; 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 va-
cancy occurring before the expiration of the term
for which such member’s predecessor was ap-
pointed shall be appointed only for the remain-
der of such term.
(C) A member may serve after the expira-
tion 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 Com-
mission 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 ex-
penses, including a per diem allowance in lieu of sub-
sistence, in the same manner as persons serving inter-
mittently 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 meet-
ings, including rules regarding quorum, voting and
procedure, and regarding staff, experts and consult-
ants as the Commission deems appropriate. The Com-
mission may use the United States mails in the same
manner and under the same conditions as other de-
partments and agencies of the United States. The Ad-
ministrator of General Services shall provide to the
Commission on a reimbursable basis such administra-
tive 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 Commis-
sion during the preceding year, including a summary
of the number of public service announcements pro-
duced by the Commission and published or broadcast.
(6) TERMINATION.—The Commission shall ter-
minate on a date which is 3 years after the date on
which members of the Commission are first ap-
pointed, unless the President, by Executive order, ex-
tends the authority of the Commission.
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