I
105TH CONGRESS
1ST SESSION
H. R. 2952
To amend the Public Health Service Act to authorize a national program
to reduce the threat to human health posed by exposure to contaminants
in the air indoors, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 8, 1997
Mr. KENNEDY of Massachusetts introduced the following bill; which was
referred to the Committee on Commerce
A BILL
To amend the Public Health Service Act to authorize a
national program to reduce the threat to human health
posed by exposure to contaminants in the air indoors,
and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Indoor Air Act of
1997’’.
SEC. 2. COORDINATION.
The Administrator shall consult and coordinate with
the Secretary of Labor, the Secretary of Energy, the Di-
rector of the National Institute for Occupational Safety
and Health, the Consumer Product Safety Commission,
and other appropriate agencies in implementing this Act.
SEC. 3. GUIDELINES FOR IDENTIFYING, REDUCING, AND
PREVENTING 
SIGNIFICANT 
INDOOR 
AIR
HEALTH RISKS.
(a) LIST.—Not later than 4 years after the enact-
ment of this Act, the Administrator shall, after notice and
opportunity of at least 90 days for public comment, pub-
lish a list of common significant indoor air health risks.
In identifying a common significant indoor air health risk,
the Administrator shall use the best reasonably available
scientific data.
(b) GUIDELINES.—Concurrently with the listing of
each common significant indoor air health risk under sub-
section (a), the Administrator shall, after notice and op-
portunity of at least 90 days for public comment, publish
voluntary guidelines for identifying, reducing, and pre-
venting the common significant indoor air health risk.
Such guidelines may include information and a range of
recommendations for operation and maintenance of exist-
ing buildings, the design and construction of new build-
ings, building renovation, and such other activities as nec-
essary to identify and reduce or prevent the common sig-
nificant indoor air health risks listed under subsection (a).
The guidelines shall achieve significant risk reduction, be
technologically achievable and readily implementable, take
into consideration safety, energy, and other relevant fac-
tors, include an assessment of their effectiveness and cost,
and be based on available research and expertise and the
study priorities established by the Administrator pursuant
to subsection (e).
(c) REVIEW
AND REVISION.—The Administrator
shall periodically review and, as necessary, after notice
and opportunity of at least 90 days for public comment,
revise the list of common significant indoor air health risks
and the guidelines published under this section. At a mini-
mum, a review and revision shall be completed not later
than 4 years after the initial publication of the list and
guidelines.
(d) CONSISTENCY WITH INDOOR AIR REGULATIONS
OF OTHER FEDERAL AGENCIES.—The Administrator
shall, after consultation with the Secretary of Labor, in-
sure that the guidelines under this section are fully con-
sistent with any Federal workplace regulations addressing
indoor air quality risks. The guidelines may recommend
such additional voluntary actions as may be necessary to
protect persons other than workers covered by such regu-
lations from common significant indoor air health risks
listed under subsection (a). The Administrator shall, after
consultation with the Secretary of Energy, insure that the
guidelines under this section are consistent with applicable
energy conservation and efficiency laws and regulations
administered by the Secretary.
(e) PRIORITY FOR INDOOR AIR HEALTH STUDIES.—
The Administrator shall, subject to the availability of ap-
propriations and using existing authorities, give priority
to conducting and providing financial or other assistance
to studies concerning indoor air quality, including the fol-
lowing:
(1) Human exposure to indoor air pollutants,
including baseline levels of exposure in various types
of buildings.
(2) The sources of indoor air pollutants.
(3) The effects on human health of indoor air
pollutants, including additive, cumulative, and syner-
gistic effects on the general population and sub-
populations particularly at risk.
(4) Methods for identifying, reducing, and pre-
venting common significant indoor air health risks.
Appropriate studies, such as those under paragraph (1)
and (3), shall be subject to peer review.
SEC. 4. INDOOR AIR CONTRACTORS.
(a) REPORT.—Not later than 2 years after the com-
mencement of fiscal year 1996, and after notice and op-
portunity of at least 90 days for public comment, the Ad-
ministrator shall submit a report to Congress on persons
operating contractor businesses engaged in the identifica-
tion, reduction, and prevention of significant indoor air
health risks. Such report shall identify the types or classes
of contractors regularly engaged in identifying and reduc-
ing or preventing significant indoor air health risks and
shall determine the need for a program to certify contrac-
tors engaged in 1 or more activities relating to the identi-
fication and reduction or prevention of significant indoor
air health risks, taking into account costs, benefits, the
availability of persons with adequate training, experience,
and expertise, the funds needed for such a program, and
other relevant factors. The report shall also consider
whether such a program should be carried out by the Ad-
ministrator directly or by contract, or by another Federal
agency or by State or local government.
(b) CERTIFICATION.—(1) Based on the report under
subsection (a), not later than 2 years after the report re-
quired by subsection (a) is submitted to Congress, and
after notice and opportunity of at least 90 days for public
comment, the Administrator shall establish a program to
provide for the certification of contractors engaged on a
regular basis in the identification of common significant
indoor air health risks. Based on the report under sub-
section (a), and after notice and opportunity of at least
90 days for public comment, the Administrator may also
establish a program to certify appropriate contractors en-
gaged in the reduction or prevention of common signifi-
cant indoor air health risks.
(2) No person may be certified under any program
established under paragraph (1) unless, at a minimum—
(A) such person demonstrates an ability to com-
ply with the guidelines established under section 3;
and
(B) individuals engaged in the identification, re-
duction, or prevention of common significant indoor
air health risks on behalf of such person complete an
appropriate course of training, as defined by the Ad-
ministrator.
Persons certified under this subsection shall comply with
the guidelines under section 3 when engaged in the identi-
fication, reduction, or prevention of common significant
indoor air health risks.
(c) FEES.—A reasonable nondiscriminatory annual
fee for the certification of persons under this section shall
be imposed by the Administrator or by such other agency
or contractor that operates the program. The fee shall be
periodically established at such level as is necessary to
cover all costs of the certification program under this sec-
(1) the list of common significant indoor air
health risks under section 3,
(2) the guidelines under section 3 for identify-
ing, reducing, and preventing common significant in-
door air health risks, and
(3) the indoor air health advisories under sub-
section (b).
(b) INDOOR AIR HEALTH ADVISORIES.—The Admin-
istrator shall, after notice and opportunity of at least 90
days for public comment, and after review and comment
by the Science Advisory Board, publish health advisories
addressing the health effects of common significant indoor
air health risks. Each health advisory shall, at a mini-
mum—
(1) describe the adverse human health effects of
a common significant indoor air health risk, includ-
ing the risk to vulnerable subpopulations;
(2) characterize the causes of the significant in-
door air health risk; and
(3) summarize the guidelines under section 3
for identifying, reducing, and preventing the signifi-
cant indoor air health risk.
The Administrator shall publish a health advisory for a
common significant indoor air health risk at the same time
that the Administrator publishes guidelines for such
health risk under section 3.
SEC. 6. HEALTHY BUILDINGS PROGRAM.
The Administrator shall, after notice and opportunity
of at least 90 days for public comment, develop a vol-
untary program to provide Federal recognition to build-
ings that are operated and maintained, taking into consid-
eration all uses of the building, to prevent or minimize
common significant indoor air health risks in an exem-
plary manner while at the same time providing significant
energy efficiency benefits and for which there are no out-
standing indoor air quality citations by other agencies.
Such recognition shall be based on objective, nondiscrim-
inatory criteria.
SEC. 7. STATE AND LOCAL INDOOR AIR HEALTH GRANTS.
(a) IN GENERAL.—The Administrator may provide
grants to States and to local governments to develop and
implement programs proposed by any such State or local
government to identify, reduce, and prevent common sig-
nificant indoor air health risks.
(b) FEDERAL SHARE OF FUNDING.—The Federal
share of grants under this section shall not exceed 75 per-
cent of the costs incurred in developing and implementing
such programs. Such share shall be based on the availabil-
ity of funds appropriated annually and shall supplement
State funds for this purpose. The Administrator, in mak-
ing such grants, shall seek to treat all States equitably.
SEC. 8. BUILDING HEALTH ASSESSMENT PROGRAM.
(a) AUTHORITY.—The Director of the National Insti-
tute for Occupational Safety and Health shall implement
a Building Assessment Program to provide assistance and
guidance to employers and employees on measures to re-
duce significant indoor air health risks.
(b) SELECTION OF BUILDINGS FOR ASSESSMENT.—
An assessment may be initiated in response to a request
from any employer or employee (including an authorized
representative of the employee) submitted to the Director
for a building assessment. In making such voluntary as-
sessment, the Director shall have the authority, pursuant
to such request, to conduct on-site assessments of individ-
ual buildings, including Federal, State, and municipal
buildings. In selecting a building for assessment pursuant
to such request, the Director shall consider (1) the seri-
ousness and extent of significant indoor air health risks,
and (2) the potential for the building assessment to ex-
pand knowledge of building assessment methods and re-
sponse measures.
(c) ASSESSMENT ELEMENTS.—Assessments shall in-
clude, at a minimum, identification of (1) probable signifi-
cant indoor air health risks, (2) probable sources and
health effects of identified significant indoor air health
risks, and (3) in cases where a probable health risk has
been identified, measures for eliminating, controlling, or
reducing significant indoor air health risks. If there are
applicable guidelines under section 3, the measures in-
cluded in the assessment shall be consistent with the
guidelines, unless the Director adequately explains other-
wise.
(d) REPORTS.—The Director shall prepare and pro-
vide a report to the employer, employees (and the author-
ized representative of the employees), and the building
owner or representative as promptly as possible.
SEC. 9. DISCLAIMER.
Nothing in this Act shall affect the Administrator’s
authority under other provisions of law to conduct re-
search, development, or demonstration projects relating to
indoor air quality or be construed as providing new au-
thority to conduct research, development, or demonstra-
tions. Nothing in this Act shall be construed as applying
to motor vehicles of any kind.
SEC. 10. RELATION TO OTHER LAW.
(a) STATE AND LOCAL AUTHORITY.—Nothing in this
Act shall preempt any Federal, State, or local law or rule
of law which is more protective of human health than this
Act.
(b) OCCUPATIONAL SAFETY AND HEALTH.—In exer-
cising any authority under this Act, the Administrator
shall not, for purposes of section 4(b)(1) of the Occupa-
tional Safety and Health Act of 1970, be deemed to be
exercising statutory authority to prescribe or enforce
standards or regulations affecting occupational safety and
health.
(c) RELATIONSHIP TO OTHER EPA AUTHORITIES.—
The Administrator shall insure that any action under this
Act is consistent with, and does not duplicate, actions of
the Administrator under other authority of law addressing
indoor air quality. Except as provided in section 4, nothing
in this Act shall be construed as authorizing the Adminis-
trator to exercise any authority to prescribe or enforce any
standards or regulations regarding common significant in-
door air health risks.
SEC. 11. REPORTS.
Not later than 2 years after the commencement of
fiscal year 1996 and every 2 years thereafter, the Admin-
istrator shall submit to the Congress a report on the ac-
tivities carried out by the Administrator pursuant to this
Act.
SEC. 12. RISK ANALYSIS AND PRESENTATION.
(a) GOAL.—It is the intent of Congress that risk as-
sessments conducted under this Act be conducted in ac-