HR 5971 IH
101st CONGRESS
2d Session
 H. R. 5971
To increase testing for radon in residential housing and in schools, to
create a commission to provide increased public awareness of radon, and for
other purposes.
IN THE HOUSE OF REPRESENTATIVES
October 27, 1990
Mr. MARKEY introduced the following bill; which was referred jointly to
the Committees on Energy and Commerce, Banking, Finance and Urban Affairs,
and Education and Labor
A BILL
To increase testing for radon in residential housing and in schools, to
create a commission to provide increased public awareness of radon, and for
other purposes.
  Be it enacted by the Senate and House of Representatives 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'.
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 about
  21,000 deaths each year.
  (2) Testing for elevated levels of radon is relatively 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 disappointing results, reaching
  less than 4 percent of homes to date.
  (5) The lack of a mandatory certification process leads to inaccurate
  testing, erosion of public confidence in the industry, and a waste of
  consumer investment.
  (6) Studies by the Environmental Protection Agency indicate that 54 percent
  of schools tested have at least one room with elevated levels of radon.
  (7) Radon may be especially hazardous to small children who spend a
  substantial portion of a day in school buildings.
  (8) Testing for radon in the work place has not occurred to any significant
  degree, and elevated levels of radon continue to pose a serious threat to
  the health of workers.
TITLE I--THREE-YEAR EXTENSION OF INDOOR RADON ABATEMENT PROVISIONS OF TOXIC
SUBSTANCES CONTROL ACT
SEC. 101. 3-YEAR EXTENSION OF AUTHORIZATION.
  The following sections of title III of the Toxic Substances Control Act
  (15 U.S.C. 2662 et seq.) are each amended by striking out `and 1991'
  and inserting in lieu thereof `1991, 1992, 1993, and 1994':
  (1) Section 305(f).
  (2) Section 306(j)(1).
  (3) Section 308(f).
TITLE II--RADON TESTING PROVISIONS
SEC. 201. TESTING OF FEDERALLY ASSISTED HOUSING.
  (a) TESTING- Title III of the Toxic Substances Control Act is amended by
  adding at the end the following new section:
`SEC. 312. TESTING OF FEDERALLY ASSISTED AND FEDERALLY OWNED HOUSING.
  `(a) FEDERALLY ASSISTED HOUSING- Any Federal department or agency, any
  Government corporation, and any Government-controlled corporation that
  provides a Federally related mortgage, directly or indirectly, for the
  purchase of a house, shall require, before such mortgage may be received,
  that such house be tested for radon and that the results of the test be
  made available to potential purchasers.
  `(b) FEDERALLY OWNED HOUSING- Any house owned by a Federal department or
  agency, any Government corporation, or any Government-controlled corporation
  shall be tested for radon before the house is sold. The results of such
  test shall be made available to potential purchasers.'.
  (b) CLERICAL AMENDMENT- The table of contents for title III of such Act
  (contained in section 1 of such Act) is amended by adding at the end the
  following new item:
`Sec. 312. Testing of Federally assisted and Federally owned housing.'.
SEC. 202. PERFORMANCE PROGRAM FOR RADON PRODUCTS AND SERVICES.
  (a) PERFORMANCE PROGRAM- Title III of the Toxic Substances Control Act,
  as amended by section 202, is further amended by adding at the end the
  following new section:
`SEC. 313. PERFORMANCE PROGRAM FOR RADON PRODUCTS AND SERVICES.
  `(a) TESTING PROGRAM- (1) The Administrator of the Environmental Protection
  Agency shall establish a program requiring that--
  `(A) any product offered for sale, or device used in connection with a
  service offered to the public, for the measurement of radon meets minimum
  performance criteria; and
  `(B) any operator of a device, or person employing a technique, used in
  connection with a service offered to the public for the measurement of
  radon meets a minimum level of proficiency.
  `(2) Such program shall include procedures for ordering the recall of
  any product sold for the measurement of radon which does not meet minimum
  performance criteria under paragraph (1)(A), for ordering the discontinuance
  of any service offered to the public for the measurement of radon which
  does not meet minimum levels of proficiency under paragraph (1)(B), and
  for establishing adequate quality assurance requirements for each person
  or company offering radon measurement services to the public.
  `(b) USER FEE- (1) The Administrator shall establish a schedule of
  user fees for persons who manufacture any product or device described
  in subsection (a)(1)(A) and for persons who operate a device or employ
  a technique described in subsection (a)(1)(B). The amount of such fees
  shall be designed to cover the operating and administrative costs of the
  Environmental Protection Agency for carrying out the program established
  under subsection (a) with respect to such persons.
  `(2) The Administrator may waive or reduce any fee established under
  paragraph (1) with respect to persons who agree to test for the presence
  of radon in public and nonprofit child care facilities, schools, hospitals,
  nursing homes, or other care facilities.
  `(c) USE OF FUNDS- Amounts received for user fees under subsection (b)
  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 established under
  subsection (a).'.
  (b) CLERICAL AMENDMENT- The table of contents for title III of such Act
  (contained in section 1 of such Act), as amended by section 202, is further
  amended by adding at the end the following new item:
`Sec. 313. Performance program for radon products and services.'.
  (c) CONFORMING AMENDMENT- Subsection (a)(2) of section 305 of the Toxic
  Substances Control Act (15 U.S.C. 2665(a)(1)) is amended by striking out
  `the effectiveness of radon measurement devices and methods,'.
SEC. 203. REPORT TO CONGRESS ON RADON TESTING.
  (a) EVALUATION- The Administrator of the Environmental Protection Agency,
  the Secretary of Housing and Urban Development, the Secretary of Labor,
  the Secretary of Agriculture, and the Secretary of Veterans' Affairs
  shall jointly evaluate current efforts to promote radon testing and ways
  to increase the use of radon testing during real estate transactions.
  (b) REPORT- (1) The Administrator and such Secretaries shall report
  to Congress by October 1, 1991, on ways to improve the effectiveness of
  alternative strategies for promoting such testing, including consideration
  of the following:
  (A) Grants to support development of radon testing strategies by States.
  (B) Financial incentives.
  (C) Testing and disclosure of radon levels during real estate transactions.
  (D) Public awareness.
  (E) Testing and disclosure of radon levels in the workplace.
  (2) In preparing the report, the Administrator and such Secretaries
  shall consult with concerned parties, including public interest groups,
  health officials, the radon testing industry, realtors, home builders,
  labor organizations, and States.
SEC. 204. GRANT PREFERENCE FOR STATES ADOPTING COMPREHENSIVE TESTING PROGRAM.
  Section 306(d) of the Toxic Substances Control Act (15 U.S.C. 2666(d))
  is amended by adding at the end the following: `The Administrator shall
  give highest preference to States which make reasonable efforts to ensure
  the adoption of requirements for radon testing in the course of residential
  real estate transactions.'.
TITLE III--RADON IN SCHOOLS
SEC. 301. DEFINITIONS.
  In this title:
  (1) The term `Administrator' means the Administrator of the Environmental
  Protection Agency.
  (2) The term `local educational agency' means--
  (A) any local educational agency as defined in section 198 of the Elementary
  and Secondary Education Act of 1965 (20 U.S.C. 2854),
  (B) the owner of any private, nonprofit elementary or secondary school
  building, and
  (C) the governing authority of any school operated pursuant to section 6
  of the Act of September 30, 1950 (64 Stat. 1107), relating to impact aid
  for children who reside on Federal property.
  (3) The term `nonprofit elementary or secondary school' means any elementary
  or secondary school (as defined in section 198 of the Elementary and
  Secondary Education Act of 1965 (20 U.S.C. 2854)) owned and operated by
  one or more nonprofit corporations or associations no part of the net
  earnings of which inures, or may lawfully inure, to the benefit of any
  private shareholder or individual.
  (4) The term `school building' means--
  (A) any structure suitable for use as a classroom, including a school
  facility such as a laboratory, library, or school eating facility used
  for the preparation of food,
  (B) any gymnasium or other facility which is specially designed for athletic
  or recreational activities for an academic course in physical education,
  (C) any other facility used for the instruction of students or for the
  administration of educational or research programs.
SEC. 302. REQUIREMENT FOR RADON TESTING IN SCHOOLS.
  (a) TESTING BY LOCAL EDUCATIONAL AGENCIES- The Administrator shall promulgate
  regulations requiring each local educational agency to test each school
  building under the authority of the agency. Such regulations shall require
  that school buildings in areas identified by the Administrator as having
  higher than average risk of radon exposure shall be tested no later than
  September 30, 1993. Such regulations may require other school buildings
  to be tested.
  (b) AVAILABILITY OF RESULTS- In the case of any school building that
  is tested pursuant to this section, the results of the testing shall be
  available in the administrative offices of the local educational agency with
  authority over the school building for inspection by the public, including
  teachers, other school personnel, and parents. The local educational agency
  shall send the results to the Administrator and to the State radiation
  office. If the test reveals a level of radon above the Environmental
  Protection Agency action level contained in the Environmental Protection
  Agency's action level for radon developed pursuant to section 303 of the
  Toxic Substances Control Act, the local educational agency shall send the
  results to each parent, teacher, and employee organization.
SEC. 303. TESTING AND MITIGATION PROFICIENCY REQUIREMENT.
  Testing required under section 302 and any radon mitigation devices and
  methods which are implemented as a result of such testing shall be carried
  out consistent with any guidelines established by the Administrator
  and conducted by a firm or individual which has been approved by the
  Administrator pursuant to the proficiency programs established pursuant
  to sections 305 and 313 of the Toxic Substances Control Act (as added by
  section 203 of this Act).
SEC. 304. FINANCIAL ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES.
  (a) RADON TESTING AND MITIGATION ASSISTANCE PROGRAM- There is hereby
  established within the Environmental Protection Agency a Radon Testing and
  Mitigation Assistance Program (hereinafter in this title referred to as the
  `Assistance Program'), to provide financial assistance to implement the
  program established by section 302 and for any radon mitigation devices
  and methods determined to be necessary as a result of such testing. The
  Assistance Program shall be administered in accordance with this section.
  (b) SUBMISSION OF APPLICATIONS- (1) Applications for financial assistance
  shall be submitted by a local educational agency to the Governor, or the
  Governor's designee, who shall establish a priority list based on the
  nature and magnitude of the potential exposure to radon.
  (2) Applications shall be submitted by the Governor to the Administrator who
  shall review and rank such applications, without regard to the public or
  private nature of the school involved, pursuant to subsection (c)(1) and
  propose financing pursuant to the financial need of the local educational
  agency.
  (c) ADMINISTRATOR'S REVIEW- (1) The Administrator shall review and list
  in priority order applications for financial assistance. In ranking
  applications, the Administrator shall consider--
  (A) the priority assigned to the testing or mitigation program by the
  Governor;
  (B) the nature and magnitude of the potential exposure to radon; and
  (C) the extent to which the testing or mitigation proposed by the applicant
  is cost-effective compared to other techniques.
  (2) In determining whether an applicant is eligible for assistance, and
  the nature and amount of financial assistance, the Administrator shall
  consider the financial resources available to the applicant as certified
  by the Governor.
  (d) FINANCIAL NEED- In no event shall financial assistance be provided
  under this title to an applicant if the Administrator determines that such
  applicant has resources adequate to support an appropriate radon testing
  or mitigation program.
  (e) LOANS AND GRANTS- An applicant for financial assistance may be awarded
  a grant of up to 50 percent of the cost of a testing program or may receive
  a loan for up to 100 percent of the cost of a mitigation program.
  (f) APPLICATION REQUIREMENTS- No financial assistance may be provided under
  this section unless an application has been submitted to the Administrator
  in accordance with any procedures developed by the Administrator.
SEC. 305. REGULATIONS.
  The Administrator shall promulgate rules and regulations as necessary to
  implement the authorities and requirements of this title.
SEC. 306. ENFORCEMENT.
  (a) CIVIL PENALTIES- Any local educational agency which violates the
  requirements of this title or which knowingly submits false information
  regarding testing to the Governor is liable for a civil penalty of not
  more than $100 for each day during which the violation continues. For
  purposes of this subsection, `violation' means a failure to comply with
  respect to a single school building. The court shall order that any civil
  penalty collected under this subsection be used by the local educational
  agency for purposes of complying with this subsection. The Administrator
  may compromise, modify, or remit, with or without conditions, any civil
  penalty which may be imposed under this subsection.
  (b) CITIZEN COMPLAINTS- Any person may file a complaint with the
  Administrator or with the Governor of the State in which the school
  building is located with respect to radon in a school building. If the
  Administrator or Governor receives a complaint under this subsection
  containing allegations which provide a reasonable basis to believe that a
  violation of this subsection has occurred, the Administrator or Governor
  shall investigate and respond (including taking enforcement action where
  appropriate) to the complaint within a reasonable period of time.
SEC. 307. PREEMPTION.
  (a) CONSTRUCTION OF PROVISIONS AS NOT PREEMPTING OTHER LAWS- Nothing in
  this title shall be construed, interpreted, or applied to preempt, displace,
  or supplant any other State or Federal law, whether statutory or common.
  (b) AWARD OF COSTS AND DAMAGE AWARDS- Nothing in this title shall be
  construed or interpreted to preclude any court from awarding costs and
  damages associated with the testing or mitigation of radon contamination,
  or a portion of such costs, at any time.
  (c) CONSTRUCTION OF PROVISIONS AS NOT PROHIBITING MORE STRINGENT STATE
  REQUIREMENTS- Nothing in this title shall be construed or interpreted
  as preempting a State from establishing any liability or more stringent
  requirements with respect to radon in school building within such State.
  (d) CREATION OF CAUSE OF ACTION- Nothing in this title creates a cause of
  action or in any other way increases or diminishes the liability of any
  person under any other law.
  (e) EFFECT OF PROVISIONS IN CIVIL ACTIONS FOR DAMAGES- It is not the
  intent of Congress that this section or rules, regulations, or orders
  issued pursuant to this section be interpreted as influencing, in either
  the plaintiff's or defendant's favor, the disposition of any civil action
  for damages relating to radon. This section does not affect the authority
  of any court to make a determination in any adjudicatory proceedings under
  applicable State law with respect to the admission into evidence or any
  other use of this title or rules, regulations, or orders issued pursuant
  to this title.
SEC. 308. AUTHORIZATION.
  (a) TESTING- There is authorized to be appropriated to the Administrator
  not more than $5,000,000 for each of the fiscal years 1992, 1993, and
  1994, for purposes of grants to local educational agencies for carrying
  out testing required by this title. Such amount shall remain available
  for expenditure until September 30, 1994.
  (b) MITIGATION- There is authorized to be appropriated to the Administrator
  such funds as may be necessary for the fiscal years 1992, 1993, and 1994
  for the purposes of loans to local educational agencies for implementing
  any radon mitigation devices or methods determined to be necessary as a
  result of testing carried out under section 302 of this title.
TITLE IV--PRESIDENT'S COMMISSION ON RADON AWARENESS
SEC. 401. ESTABLISHMENT.
  There is established a commission to be known as the President's
  Commission on Radon Awareness (hereinafter in this title referred to as the
  `Commission').
SEC. 402. DUTIES OF COMMISSION.
  The Commission shall--
  (1) examine public awareness programs in effect on the date of the enactment
  of this Act which are--
  (A) implemented through various segments of mass media; and
  (B) intended to raise public awareness of the health threats of radon and
  the benefits of testing for radon;
  (2) act as an administrative and coordinating body for the voluntary
  donation of resources from--
  (A) television, radio, cable communications, and print media;
  (B) the health industry;
  (C) the advertising industry;
  (D) the business sector of the United States; and
  (E) radon testing and mitigation organizations;
to assist the implementation of new programs and national strategies for
dissemination of information intended to raise awareness of the health
threats of radon;
  (3) encourage media outlets throughout the country to provide information
  aimed at increasing radon awareness, including public service announcements
  and advertisements; and
  (4) evaluate the effectiveness and assist in the update of programs and
  national strategies formulated with the assistance of the Commission.
SEC. 403. MEMBERSHIP.
  (a) NUMBER AND APPOINTMENT- The Commission shall be composed of 12 members
  appointed by the President within 30 days after the date of the enactment
  of this Act, and should include representatives of--
  (1) advertising agencies;
  (2) television, radio, cable communications, and print media;
  (3) the health industry;
  (4) other segments of the business sector of the United States;
  (5) experts in the field of radiation science;
  (6) the radon testing and remediation industry; and
  (7) other Federal agencies, as designated by the President.
  (b) TERMS-
  (1) Except as provided in paragraphs (2) and (3), members shall be appointed
  for terms of 3 years.
  (2) Any member appointed to fill a vacancy occurring before the expiration
  of the term for which such member's predecessor was appointed shall be
  appointed only for the remainder of such term.
  (3) A member may serve after the expiration of the member's term until a
  successor to the member has taken office.
  (c) BASIC PAY AND EXPENSES-
  (1) Except as provided in paragraph (2), members of the Commission shall
  serve without pay.
  (2) While away from their homes or regular places of business in the
  performance of services for the Commission, members shall be allowed travel
  expenses, including a per diem allowance in lieu of subsistence, in the
  same manner as persons serving intermittently in the Government services are
  allowed travel expenses under section 5703 of title 5, United States Code.
SEC. 404. MEETINGS.
  (a) In General-
  (1) The Commission shall meet at the call of the Moderator.
  (2) The Moderator shall convene the first meeting of the Commission within 30
  days after the date of the completion of appointments under section 403(a).
  (b) MODERATOR- One member of the Commission shall be designated by the
  President to serve as Moderator of the Commission.
  (c) QUORUM AND PROCEDURE- The Commission shall adopt rules regarding quorum
  requirements and meeting procedures as the Commission deems appropriate
  at the first meeting of the Commission.
  (d) VOTING- Decisions and official acts of the Commission shall be according
  to the vote of a majority of members at a properly called meeting.
SEC. 405. STAFF.
  (a) EXPERTS AND CONSULTANTS- The Moderator, with the approval of the
  Commission, may procure temporary and intermittent services under section
  3109(b) of title 5, United States Code.
  (b) STAFF OF FEDERAL AGENCIES- Upon request of the Commission, the head of
  any Federal agency is authorized to detail, on a reimbursable basis, any
  of the personnel of such agency to the Commission to assist the Commission
  in carrying out its duties under this title.
SEC. 406. POWERS OF COMMISSION.
  (a) HEARINGS AND SESSIONS- The Commission may, for the purpose of carrying
  out this title, hold such hearings, sit and act at such times and places,
  take such testimony, and receive such evidence, as the Commission considers
  appropriate.
  (b) OBTAINING OFFICIAL DATA- Upon the request of the Moderator of the
  Commission, the Commission may secure directly from any department or
  agency of the United States information necessary to enable it to carry
  out this title.
  (c) GIFTS- The Commission may accept, use, and dispose of gifts or donations
  of services or property.
  (d) MAILS- 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.
  (e) ADMINISTRATIVE SUPPORT SERVICES- The Administrator of General Services
  shall provide to the Commission on a reimbursable basis such administrative
  support services as the Commission may request.
SEC. 407. 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 announcements produced
  by the Commission and published or broadcast.
SEC. 408. TERMINATION.
  The Commission shall terminate on a date which is three years after the
  date on which members of the Commission are first appointed, unless the
  President, by Executive order, extends the authority of the Commission.
TITLE V--RADON IN THE WORKPLACE
SEC. 501. STANDARD FOR RADON IN THE WORKPLACE.
  Not later than one year after the date of the enactment of this Act, the
  Administrator of the Environmental Protection Agency, in consultation with
  the Administrator of Occupational Safety and Health, shall determine, and
  set a standard for, the level of exposure to radon in the workplace that
  is associated with no greater health risk to workers than the health risk
  indicated in the Environmental Protection Agency's action level for radon
  developed pursuant to section 303 of the Toxic Substances Control Act. The
  standard set under the preceding sentence shall supersede the regulations
  contained in section 1910.96 of title 29 of the Code of Federal Regulations,
  pursuant to Public Law 91-596.