IIA
103D CONGRESS
2D SESSION
H. R. 2448
IN THE SENATE OF THE UNITED STATES
AUGUST 1 (legislative day, JULY 20), 1994
Received; read twice and referred to the Committee on Environment and
Public Works
AN ACT
To improve the accuracy of radon testing products and serv-
ices, to increase testing for radon, and for other pur-
poses.
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 ‘‘Radon Awareness and
Disclosure Act of 1994’’.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The Environmental Protection Agency has
determined that radon is second only to smoking as
the leading cause of lung cancer, resulting in an es-
timated 7,000 to 30,000 deaths each year.
(2) Testing for elevated levels of radon is rel-
atively simple and inexpensive.
(3) There is not an adequate effort by Federal
agencies to encourage testing for radon.
(4) Efforts to encourage testing have had lim-
ited results, reaching only a small percentage of
homes to date.
(5) The lack of a mandatory certification proc-
ess leads to inaccurate radon testing, ineffective
radon mitigation, erosion of public confidence in the
industry, and a waste of consumer investment.
(6) Increased public awareness of the dangers
of radon gas and the means to mitigate its effects
will lead to more informed decision making and a
more productive use of resources.
SEC. 3. DEFINITIONS.
Section 302 of the Toxic Substances Control Act (15
U.S.C. 2662) 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 (December 3, 1993)’, including any amend-
ments or revisions thereto.’’.
SEC. 4. NEW CONSTRUCTION.
Section 304 of the Toxic Substances Control Act (15
U.S.C. 2664) is amended as follows:
(1) By striking the section heading thereof and
inserting ‘‘NEW CONSTRUCTION.’’.
(2) By inserting ‘‘(a) MODEL STANDARDS AND
TECHNIQUES.—’’ before the first sentence and strik-
ing the last 2 sentences.
(3) By adding the following at the end:
‘‘(b) FINALIZATION OF MODEL STANDARDS.—Not
later than 3 months after enactment of this subsection,
the Administrator shall promulgate model construction
standards for controlling radon levels in new vulnerable
premises which are located in high radon areas and which
are covered by the model standards published by the Ad-
ministrator on March 21, 1994 (59 Fed. Reg. 13402). Not
later than 2 years after the enactment of this subsection,
the Administrator shall promulgate model construction
standards for controlling radon levels in new vulnerable
premises which are located in high radon areas and which
are not covered by such proposed model standards. The
model standards shall achieve significant radon risk reduc-
tion and be technologically achievable and readily
implementable. The Administrator may, where appro-
priate, promulgate model standards for controlling radon
levels in new vulnerable premises in other areas designated
by the Administrator.
‘‘(c) PROMOTION OF CODE AND STATE ADOPTION.—
(1) The Administrator shall work to ensure that organiza-
tions responsible for developing national model codes for
new vulnerable premises adopt, and State and local au-
thorities which regulate construction of new vulnerable
premises adopt and enforce, the model construction stand-
ards promulgated under subsection (b).
‘‘(2) If the Administrator determines that an organi-
zation responsible for developing national model codes for
new vulnerable premises has adopted standards for con-
trolling radon levels in new vulnerable premises that are
at least as protective of human health and the environ-
ment as the model construction standards promulgated
under subsection (b), such standards shall be certified as
equivalent to the model construction standards promul-
gated under subsection (b).
‘‘(3) At the same time that the Administrator pro-
mulgates model construction standards under subsection
(b), the Administrator shall publish a pamphlet that de-
scribes the standards and their costs and benefits. The
Administrator shall work with interested parties to achieve
the broad distribution of the pamphlet. Such distribution
may be coordinated with the distribution of the pamphlet
distributed under section 310.
‘‘(d) INCENTIVE FOR VOLUNTARY COMPLIANCE.—(1)
In addition to the disclosure requirements of section 310,
the following disclosure requirements shall apply to sales
of new buildings (or any portion thereof) with vulnerable
premises in high radon areas, or other designated areas,
covered by model construction standards promulgated
under subsection (b):
‘‘(A) Any person who sells such a new vulner-
able premises shall, prior to the signing of a sales
contract—