‘‘(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 promul-
gated under subsection (b) or other construc-
tion 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 sec-
tion 310 included in any contract for purchase and
sale of any such new vulnerable premises shall in-
clude an acknowledgement signed by the purchaser
that the purchaser has—
‘‘(i) received the pamphlet on radon pre-
vention in construction published under para-
graph (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 stand-
ards 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 environ-
ment as such model standards, any person who constructs
a new vulnerable premises in such area after such deter-
mination shall be exempt from the disclosure requirements
of paragraph (1). Any State or local authority may submit
to the Administrator State or local standards for control-
ling radon levels in new vulnerable premises. The Adminis-
trator shall determine within 60 days after the date of
such submission whether such standards are as protective
of human health and the environment as the model stand-
ards.
‘‘(3) The requirements of this subsection shall take
effect on the later of (A) the date 31 months after promul-
gation of the model construction standards under sub-
section (b) covering the new vulnerable premises con-
cerned, 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 subsection (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 Admin-
istrator 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 sub-
section (b), and new vulnerable premises are being con-
structed 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 re-
port 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
Administrator 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
Administrator may consolidate the requirements applica-
ble under this section with the disclosure requirements ap-
plicable 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 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.’’.
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
(relating to strategy to identify and reduce excep-
tionally 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 follow-
ing 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.’’.
‘‘(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 measure-
ment of radon which does not meet the performance
criteria established under paragraph (1)(A).
‘‘(B) Procedures for ordering the discontinu-
ance of any service offered to the public for the
measurement or mitigation of radon which does not
meet the levels of proficiency established under para-
graph (1)(B).
‘‘(C) Procedures for establishing adequate qual-
ity assurance requirements for each radon measure-
ment product introduced into commerce and for each
radon measurement or mitigation service offered to
the public.
‘‘(b) 
EFFECTIVENESS
OF
PRODUCTS; 
PUBLIC
AWARENESS.—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 sum-
mary shall include information about the accuracy,
effectiveness, cost, and resistance to tampering of
such products and methods.
‘‘(c) USER FEE.—(1) Within one year after the en-
actment of the Radon Awareness and Disclosure Act of
1994, the Administrator shall promulgate rules imposing
user fees on persons who manufacture or import any prod-
uct described 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 pro-
mulgation of regulations under subsection (a) in order to
promote the availability of radon measurement and miti-
gation 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,
nursing homes, or other care facilities and who are provid-
ing 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 appropriations Acts, in carrying out the program estab-
lished 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
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
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
lessor and any known radon mitigation systems
in the vulnerable premises concerned.
‘‘(2) CONTRACT FOR PURCHASE AND SALE.—
Regulations promulgated under this section shall
provide that every contract for the purchase and sale
of any vulnerable premises shall include a Radon
Warning 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 prem-
ises for radon, on terms and conditions mutu-
ally 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 print-
ed in large type on a separate sheet of paper at-
tached 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
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 of radon which
meet the performance criteria established under sec-
tion 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);
‘‘(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
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) 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 admin-
ister and enforce a State program containing the stand-
ards, regulations, or other requirements established under
section 304(d) (relating to incentives for voluntary compli-
ance), section 309(a)(1)(B)(relating to services for the
measurement or mitigation of radon), or 310 (relating to
disclosure of information concerning radon), or any com-
bination thereof, may, after notice and opportunity for
public comment, develop and submit to the Administrator
an application, 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 requirements of paragraphs (1) and (2) of sub-
section (b) of this section. Upon submission of such certifi-
cation, the State program shall be deemed to be author-
ized 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 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 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 pro-
tective of human health and the environment as the
Federal 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 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. 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
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