IB
Union Calendar No. 319
103D CONGRESS
2D SESSION
H. R. 2448
[Report No. 103–574]
To improve the accuracy of radon testing products and services, to increase
testing for radon, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 17, 1994
Mr. MARKEY (for himself, Mr. WAXMAN, Mr. SWIFT, and Mr. HASTERT) in-
troduced the following bill; which was referred to the Committee on En-
ergy and Commerce
JUNE 30, 1994
Additional sponsors: Mr. BEILENSON, Mr. MILLER of California, Mr. DEL-
LUMS, Mr. LIPINSKI, Mr. FOGLIETTA, Mrs. SCHROEDER, Mr. LEWIS of
Georgia, and Mr. BARRETT of Wisconsin
JUNE 30, 1994
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on June 17, 1993]
A BILL
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 esti-
mated 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 limited
results, reaching only a small percentage of homes to
date.
(5) The lack of a mandatory certification process
leads to inaccurate radon testing, ineffective radon
mitigation, erosion of public confidence in the indus-
try, 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 industrial
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 described
by the Environmental Protection Agency in the report
entitled ‘Map of Radon Zones: National Report (De-
cember 3, 1993)’, including any amendments or revi-
sions 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 striking
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 Ad-
ministrator shall promulgate model construction standards
for controlling radon levels in new vulnerable premises
which are located in high radon areas and which are cov-
ered by the model standards published by the Administrator
on March 21, 1994 (59 Fed. Reg. 13402). Not later than
2 years after the enactment of this subsection, the Adminis-
trator 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 reduction and be tech-
nologically achievable and readily implementable. The Ad-
ministrator may, where appropriate, 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 organiza-
tion responsible for developing national model codes for new
vulnerable premises has adopted standards for controlling
radon levels in new vulnerable premises that are at least
as protective of human health and the environment as the
model construction standards promulgated under subsection
(b), such standards shall be certified as equivalent to the
model construction standards promulgated under subsection
(b).
‘‘(3) At the same time that the Administrator promul-
gates model construction standards under subsection (b), the
Administrator shall publish a pamphlet that describes the
standards and their costs and benefits. The Administrator
shall work with interested parties to achieve the broad dis-
tribution of the pamphlet. Such distribution may be coordi-
nated 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 vulnerable
premises shall, prior to the signing of a sales con-
tract—
‘‘(i) provide the purchaser with the pam-
phlet on radon prevention in construction pub-
lished under paragraph (3) of subsection (c),
‘‘(ii) inform the purchaser in writing that
the premises are located in a high radon area (or
other area designated under subsection (b)) and
that the Administrator recommends that such
premises be constructed in compliance with the
model construction standards promulgated under
subsection (b) or other construction standards
certified as equivalent to such standards under
subsection (c)(2), and
‘‘(iii) accurately disclose in writing to the
purchaser whether the premises have been, or
will be, constructed in compliance with such
model construction standards or other construc-
tion standards certified as equivalent to such
standards under subsection (c)(2).
‘‘(B) The radon warning statement under section
310 included in any contract for purchase and sale
of any such new vulnerable premises shall include an
acknowledgement signed by the purchaser that the
purchaser has—
‘‘(i) received the pamphlet on radon preven-
tion in construction published under paragraph
(3) of subsection (c),
‘‘(ii) been informed in writing that the
premises are located in a high radon area (or
other area designated under subsection (b)) and
that the Administrator recommends that such
premises be constructed in compliance with the
model construction standards promulgated under
subsection (b) or other construction standards
certified as equivalent to such standards under
subsection (c)(2), and
‘‘(iii) received a written disclosure indicat-
ing whether the premises has been, or will be,
constructed in compliance with such model con-
struction standards or other construction stand-
ards certified as equivalent to such standards
under subsection (c)(2).
‘‘(2) If the Administrator determines that a State or
local authority which regulates construction of new vulner-
able premises in a high radon area (or other area des-
ignated under subsection (b)) has adopted and is enforcing
in such area either the model construction standards pro-
mulgated under subsection (b) or other standards for con-
trolling radon levels in new vulnerable premises that are
at least as protective of human health and the environment
as such model standards, any person who constructs a new
vulnerable premises in such area after such determination
shall be exempt from the disclosure requirements of para-
graph (1). Any State or local authority may submit to the
Administrator State or local standards for controlling
radon levels in new vulnerable premises. The Administrator
shall determine within 60 days after the date of such sub-
mission whether such standards are as protective of human
health and the environment as the model standards.
‘‘(3) The requirements of this subsection shall take ef-
fect on the later of (A) the date 31 months after promulga-
tion of the model construction standards under subsection
(b) covering the new vulnerable premises concerned, or (B)
the effective date of the requirements under section 310. Six
months before the requirements of this subsection take effect
in a high radon area (or other area designated under sub-
section (b)), the Administrator shall provide notice of such
requirements to the State in which such area is located.
‘‘(4) Not later than 1 year prior to the effective date
established in paragraph (3), the Administrator shall, after
notice and opportunity for comment, publish a list of the
areas to which the model construction standards concerned
are applicable, together with a map of all such areas.
‘‘(5) A violation of this subsection shall be considered
a violation of section 310.
‘‘(e) REPORT TO CONGRESS.—Not later than 5 years
after the date of enactment of this subsection, the Adminis-
trator shall report to Congress on the extent to which State
and local authorities which regulate construction of new
vulnerable premises have adopted and are enforcing the
model construction standards promulgated under subsection
(b), and new vulnerable premises are being constructed in
compliance with such standards. Such report shall contain
a list of State and local authorities in areas covered by
model standards which have adopted and are enforcing such
standards and a list of those which have not adopted or
are not enforcing such standards. Such report shall identify
any obstacles that may exist to—
‘‘(1) adoption and enforcement by such State
and local authorities of such model construction
standards, and
‘‘(2) construction in compliance with such model
construction standards,
and shall make recommendations for overcoming such ob-
stacles.
‘‘(f) GUIDANCE FOR CERTAIN PREMISES.—Not later
than 2 years after the enactment of this subsection, the Ad-
ministrator shall promulgate guidance for measuring and
mitigating radon levels in existing vulnerable premises not
covered by the proposed model standards published by the
Administrator on April 12, 1993 (58 Fed. Reg. 19097).
‘‘(g) 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.
‘‘(h) 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.’’.
SEC. 5. AMENDMENTS TO SECTION 306 OF TSCA.
Section 306 of the Toxic Substances Control Act (15
U.S.C. 2666) is amended as follows:
(1) In subsection (e), by striking ‘‘In the event
that State applications for funds exceed the total
funds available in a fiscal year, the’’ and inserting
‘‘The’’.
(2) By amending subsection (e) to add the fol-
lowing new paragraph at the end thereof:
‘‘(5) The potential for the activity or project to
advance the strategy developed under section 316 (re-
lating to strategy to identify and reduce exceptionally
high indoor radon levels).’’.
(3) In subsection (f), strike ‘‘in the third year’’
and insert ‘‘thereafter’’.
(4) In subsection (g) 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. Sub-
section (f) shall not apply to any grant to a local govern-
ment 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.’’.
‘‘(2) The program established as provided in para-
graph (1) shall include each of the following—
‘‘(A) Procedures for ordering the recall of any
product introduced in commerce for the measurement
of radon which does not meet the performance criteria
established under paragraph (1)(A).
‘‘(B) Procedures for ordering the discontinuance
of any service offered to the public for the measure-
ment or mitigation of radon which does not meet the
levels of proficiency established under paragraph
(1)(B).
‘‘(C) Procedures for establishing adequate quality
assurance requirements for each radon measurement
product introduced into commerce and for each radon
measurement or mitigation service offered to the pub-
lic.
‘‘(b) EFFECTIVENESS OF PRODUCTS; PUBLIC AWARE-
NESS.—The Administrator shall develop and make each of
the following available to the public:
‘‘(1) A list of all radon measurement products
which meet minimum performance criteria under
paragraph (1)(A) of subsection (a).
‘‘(2) A summary of current radon measurement
and mitigation methods and products. Such summary
shall include information about the accuracy, effec-
tiveness, cost, and resistance to tampering of such
products and methods.
‘‘(c) USER FEE.—(1) Within one year after the enact-
ment of the Radon Awareness and Disclosure Act of 1994,
the Administrator shall promulgate rules imposing user fees
on persons who manufacture or import any product de-
scribed in subsection (a)(1)(A) and for persons who offer
any service described in subsection (a)(1)(B). The amount
of such fees shall be designed to cover the annual operating
costs of the Environmental Protection Agency in carrying
out the program established under subsection (a), except
that the Administrator may reduce the amount of such fees
during the first 3 fiscal years after the promulgation of reg-
ulations under subsection (a) in order to promote the avail-
ability of radon measurement and mitigation products and
services. Such fees shall be structured such that any person’s
liability for such fees is reasonably based on the proportion
of the program’s operating costs that relate to such person,
and such person’s liability for such fees shall not be based
on the income of such person.
‘‘(2) The fee established under paragraph (1) shall not
apply with respect to persons who are employees of public
and nonprofit child care facilities, schools, hospitals, nurs-
ing homes, or other care facilities and who are providing
services described in subsection (a)(1)(B) at such facilities.
‘‘(d) USE OF FUNDS.—Amounts received for user fees
under subsection (c) shall be deposited in a Radon Service
Account established in the Treasury of the United States
for use by the Administrator, to the extent provided in ap-
propriations Acts, in carrying out the program established
under subsection (a).’’.
SEC. 
7. DISCLOSURE 
OF 
INFORMATION 
CONCERNING
RADON.
Section 310 of the Toxic Substances Control Act (15
U.S.C. 2670) is amended to read as follows:
‘‘SEC. 310. DISCLOSURE OF INFORMATION CONCERNING
RADON.
‘‘(a) DISCLOSURE
IN
PURCHASE
AND
SALE
OR
LEASE.—
‘‘(1) RADON.—Not later than 1 year after the en-
actment of this section, the Administrator shall pro-
mulgate regulations providing for the disclosure of
radon in vulnerable premises whenever any such
premises is offered for sale or lease. The regulations
shall require that, prior to the signing of a sales con-
tract or lease, the seller or lessor shall—
‘‘(A) provide the purchaser or lessee with a
radon hazard information pamphlet as pre-
scribed in subsection (b); and
‘‘(B) disclose to the purchaser or lessee the
presence of any known radon measurement re-
port prepared for, or received by, the seller or les-
sor and any known radon mitigation systems in
the vulnerable premises concerned.
‘‘(2) CONTRACT
FOR
PURCHASE
AND
SALE.—
Regulations promulgated under this section shall pro-
vide that every contract for the purchase and sale of
any vulnerable premises shall include a Radon Warn-
ing Statement with an acknowledgement signed by
the purchaser that the purchaser has—
‘‘(A) read the Radon Warning Statement;
‘‘(B) received a radon hazard information
pamphlet; and
‘‘(C)(i) requested and been provided with
the opportunity to conduct a test of the premises
for radon, on terms and conditions mutually
agreeable to purchaser and seller, or
‘‘(ii) agreed to purchase the premises with-
out further testing of the premises for radon.
The acknowledgement shall identify which option
(clause (i) or (ii)) the purchaser has agreed to.
‘‘(3) CONTENTS
OF
RADON
WARNING
STATE-
MENT.—The Radon Warning Statement referred to in
this section shall contain the following text printed in
large type on a separate sheet of paper attached to the
contract:
‘The U.S. Surgeon General has determined that prolonged ex-
posure to radon can be a serious health hazard. Testing is avail-
able to detect the presence of radon. The seller is required to pro-
vide the buyer with any information on radon from tests in the
seller’s possession and notify the buyer of any radon mitigation
systems.’.
‘‘(4) COMPLIANCE ASSURANCE.—Whenever a sell-
er or lessor has entered into a contract with an agent
for the purpose of selling or leasing a vulnerable
premises, the regulations promulgated under this sec-
tion shall require the agent, on behalf of the seller or
lessor, to ensure compliance with the requirements 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 Adminis-
trator shall publish a radon hazard information pamphlet.
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 of radon which meet the
performance 
criteria 
established 
under 
section