(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
subsistence, in the same manner as persons serving
intermittently in the Government services are al-
lowed travel expenses under section 5703 of title 5,
United States Code.
(4) PROCEDURES, MEETINGS, STAFF, ETC.—
The Commission shall establish such rules regarding
meetings, including rules regarding quorum, voting
and procedure, and regarding staff, experts and con-
sultants as the Commission deems appropriate. The
Commission may use the United States mails in the
same manner and under the same conditions as
other departments and agencies of the United
States. The Administrator of General Services shall
provide to the Commission on a reimbursable basis
such administrative support services as the Commis-
sion may request.
(5) REPORT.—The Commission shall transmit
to the President and to each House of Congress a
report not later than July 31 of each year which
contains a detailed statement of the activities of the
Commission during the preceding year, including a
summary of the number of public service announce-
ments produced 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,
extends the authority of the Commission.
SEC. 9. NEW CONSTRUCTION.
Section 304 of the Toxic Substances Control Act (15
U.S.C. 2661 et seq.) is amended as follows:
(1) Strike the section heading thereof and in-
sert ‘‘NEW CONSTRUCTION’’.
(2) Insert ‘‘(a) MODEL STANDARDS AND TECH-
NIQUES.—’’ before the first sentence.
(3) Add the following at the end:
‘‘(b) MINIMUM FEDERAL STANDARDS.—Not later
than 1 year after the enactment of this subsection, the
Administrator shall establish minimum radon prevention
standards for new vulnerable premises in high radon
areas, the construction of which commences after the pro-
mulgation of such standards. Such standards shall, at a
minimum, require that radon levels do not exceed the lev-
els achievable through the use of reasonably available and
economically achievable methods. The Administrator may,
where appropriate, apply such standards outside high
radon areas.’’.
SEC. 10. AUTHORIZED STATE PROGRAMS.
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 310 (relating to disclosure of in-
formation concerning radon as added by section 11 of this
Act):
‘‘SEC. 311. AUTHORIZED STATE PROGRAMS.
‘‘(a) APPROVAL.—Any State which seeks to admin-
ister and enforce a State program containing the stand-
ards, regulations, or other requirements established under
section 309(a)(1)(B)(relating to services for the measure-
ment or mitigation of radon) or 304(b)(relating to new
construction standards), or both, may, after notice and op-
portunity for public comment, develop and submit to the
Administrator an application, in such form as the Admin-
istrator shall require, for authorization of such a State
program. Any such State may also certify to the Adminis-
trator at the time of submitting such program that the
State program meets the requirements of paragraphs (1)
and (2) of subsection (b) of this section. Upon submission
of such certification, the State program shall be deemed
to be authorized under this section, and shall apply in such
State in lieu of the corresponding Federal program under
section 309(a)(1)(B) or 304(b), or both, as the case may
be, until such time as the Administrator disapproves the
program or withdraws the authorization.
‘‘(b) APPROVAL OR DISAPPROVAL.—Within 180 days
following submission of an application under subsection
(a), the Administrator shall approve or disapprove the ap-
plication. The Administrator may approve the application
only if, after notice and after opportunity for public hear-
ing, the Administrator finds that—
‘‘(1) the State program is at least as protective
of human health and the environment as the Federal
program under section 309(a)(1)(B) or section
304(b), or both, as the case may be, and
‘‘(2) such State program provides adequate en-
forcement.
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 pursu-
ant 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 en-
force 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 politi-
cal subdivision thereof from imposing any requirements
which are more stringent than those imposed by this title.
‘‘(f) EXISTING STATE AND LOCAL PROGRAMS.—The
regulations under this title shall, to the extent appropriate,
encourage States to seek program authorization and to
use existing State and local programs and procedures for
carrying out such program.
‘‘(g) FEES.—Each State program authorized under
this section containing the standards, regulations, or other
requirements established under section 309(a)(1)(B) (re-
lating 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 an-
nual 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. 11. DISCLOSURE OF INFORMATION CONCERNING
RADON.
Title III of the Toxic Substances Control Act (15
U.S.C. 2661 et seq.) is amended by redesignating section
310 as section 315 and by adding the following new sec-
tion after section 309:
‘‘SEC. 310. DISCLOSURE OF INFORMATION CONCERNING
RADON.
‘‘(a) DISCLOSURE
IN PURCHASE
AND SALE
OR
LEASE.—
‘‘(1) RADON.—Not later than 1 year after the
enactment of this section, the Administrator shall
promulgate regulations providing for the disclosure
of radon in vulnerable premises whenever any such
premises is offered for sale or lease. The regulations
‘‘(B) received a radon hazard information
pamphlet; and
‘‘(C) had a 10-day opportunity (unless the
parties mutually agreed upon a different period
of time) before becoming obligated under the
contract to purchase the premises to conduct a
radon test on the premises to detect radon.
‘‘(3) CONTENTS OF RADON WARNING STATE-
MENT.—The Radon Warning Statement referred to
in this section shall contain the following text print-
ed in large type on a separate sheet of paper at-
tached to the contract:
‘Every purchaser of any premises with one or more fre-
quently 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.’.
‘‘(4) COMPLIANCE
ASSURANCE.—Whenever a
seller or lessor has entered into a contract with an
agent for the purpose of selling or leasing a vulner-
able premises, the regulations promulgated under
this section shall require the agent, on behalf of the
seller or lessor, to ensure compliance with the re-
quirements of this section.
‘‘(b) RADON HAZARD INFORMATION PAMPHLET.—
Not later than 1 year after the enactment of this section,
and after notice and opportunity for comment, the Admin-
istrator shall publish a radon hazard information pam-
phlet. The pamphlet shall, at a minimum—
‘‘(1) describe the prevalence and risks of radon
exposure at different levels;
‘‘(2) provide information evaluating products
and services for the measurement and mitigation of
radon;
‘‘(3) advise persons as to how to obtain a list
of products for the measurement or mitigation of
radon which meet the performance criteria estab-
lished under section 309(a)(1) and a list of persons
providing radon measurement or mitigation services
who meet the proficiency levels established under
section 309(a)(1); and
‘‘(4) 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 3 times the amount of dam-
ages incurred by such individual.
‘‘(2) COSTS.—In any civil action brought for
damages pursuant to paragraph (1), the appropriate
court may award court costs to the party commenc-
ing such action, together with reasonable attorney
fees and any expert witness fees, if that party pre-
vails.
‘‘(d) OTHER
DISCLOSURE
REQUIREMENTS.—The
Administrator may consolidate the requirements applica-
ble under this section with the disclosure requirements ap-
plicable 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 agree-
ment, mortgage, or lien made or arising in connection with
a mortgage loan, nor shall anything in this section create
a defect in title.
‘‘(f) EFFECTIVE DATE.—The regulations under this
section shall take effect 2 years after the date of the enact-
ment of this title.’’.
SEC. 12. LOCAL GOVERNMENT ASSISTANCE.
Section 306(g) of the Toxic Substances Control Act
(15 U.S.C. 2666(g)) is amended by inserting ‘‘(1)’’ before
the first sentence thereof and by adding the following at
the end thereof:
‘‘(2) The Administrator may set aside a percentage
of the grants made to States under this section to be paid
by such States to local governments in high radon areas.
Such amounts shall be used for eligible activities under
subsection (c). In the case of any State not receiving a
grant under this section, the Administrator may make
grants directly to local governments in such State for such
purposes. Subsection (f) shall not apply to any grant to
a local government described in the preceding sentence or
to any portion of a grant to a State under this section
which is paid to a local government as provided in this
paragraph.’’.
SEC. 13. 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
issued under title IV.
‘‘SEC. 314. CONTROL OF RADON AT FEDERAL FACILITIES.
‘‘Each department, agency, and instrumentality of
executive, legislative, and judicial branches of the Federal
Government and each officer, agent, or employee thereof,
shall be subject to, and comply with, all Federal, State,
interstate, and local requirements, both substantive and
procedural (including any requirement for certification, li-
censing, recordkeeping, or reporting or any provisions for
injunctive relief and such sanctions as may be imposed by
a court to enforce such relief) respecting radon in the
same manner, and to the same extent as any nongovern-
mental entity is subject to such requirements, including
the payment of reasonable service charges. The Federal,
State, interstate, and local substantive and procedural re-
quirements referred to in this subsection include, but are
not limited to, all administrative orders and all civil and
administrative penalties and fines regardless of whether
such penalties or fines are punitive or coercive in nature,
or whether imposed for isolated, intermittent or continu-
ing violations. The United States hereby expressly waives
any immunity otherwise applicable to the United States
with respect to any such substantive or procedural require-
ment (including, but not limited to, any injunctive relief,
administrative order, or civil or administrative penalty or
fine referred to in the preceding sentence, or reasonable
service charge). The reasonable service charges referred
to in this section include, but are not limited to, fees or
charges assessed for certification and licensing, as well as
any other nondiscriminatory charges that are assessed in
connection with a Federal, State, interstate, or local radon
program. No agent, employee, or officer of the United
States shall be personally liable for any civil penalty under
any Federal, State, interstate, or local law relating to
radon with respect to any act or omission within the scope
of his official duties.’’.
SEC. 14. DEFINITIONS.
Section 302 of the Toxic Substances Control Act (15
U.S.C. 2661 et seq.) is amended by adding the following
at the end thereof:
‘‘(5) The term ‘vulnerable premises’ means any
frequently occupied space below the third floor of
any building (other than a building used for indus-
trial purposes).
‘‘(6) The term ‘high radon area’ means any
county designated by the Administrator as having a
predicted average indoor screening level for radon
greater than 4 pCi/L, using the methodology de-
scribed by the Environmental Protection Agency in
the report entitled ‘Map of Radon Zones: National
Report (Draft—January 1992)’.’’.
SEC. 15. TECHNICAL AND CONFORMING AMENDMENTS.
The Toxic Substances Control Act (15 U.S.C. 2610)
is amended as follows:
(1) In the first sentence of subsection (a) of
section 11 strike ‘‘mixtures, or products subject to
title IV’’ and insert ‘‘mixtures or products subject to
title III or title IV’’.
(2) In paragraph (1) of subsection (b) of sec-
tion 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
‘‘or 6, or title IV’’ in each place it appears and in-
sert ‘‘or 6, or title III or IV’’ and strike ‘‘7 or title
IV’’ and insert ‘‘7 or title III or IV’’.
(4) In section 16, strike ‘‘or 409’’ and insert ‘‘,
409 or 312’’ each place it appears.
(5) In section 17:
(A) In subsection (a)(1) strike ‘‘or 409’’
and insert ‘‘, 409, or 312’’.
(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
1993, a proficiency program under section 309’’.
(10) In section 315 (as redesignated by this
Act) insert ‘‘, including recordkeeping and reporting
requirements,’’ after ‘‘regulations’’.
(11) The table of contents for title III of such
Act (contained in section 1 of such Act) is amended
as follows:
(A) Amend the item relating to section 304
to read as follows:
‘‘Sec. 304. New construction.’’.
(B) Strike out the items relating to section
309 through 311 and insert the following:
‘‘Sec. 309. Performance and proficiency program for radon products and serv-
ices.
‘‘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 lev-
els.
‘‘Sec. 317. Medical community outreach.
‘‘Sec. 318. Authorization of appropriations.’’.
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HR 2448 IH——2