[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2448 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 2448

  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, 1993

   Mr. Markey (for himself, Mr. Waxman, Mr. Swift, and Mr. Hastert) 
 introduced the following bill; which was referred to the Committee on 
                          Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
  To improve the accuracy of radon testing products and services, to 
          increase testing for 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 
of 1993''.

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 14,000 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 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 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. AUTHORIZATION FOR RADON ABATEMENT PROVISIONS OF TOXIC 
              SUBSTANCES CONTROL ACT.

    (a) In General.--Section 311 of the Toxic Substances Control Act 
(15 U.S.C. 2662 et seq.) is redesignated as section 318 and amended to 
read as follows:

``SEC. 318. AUTHORIZATION OF APPROPRIATIONS.

    ``There is authorized to be appropriated to carry out the 
provisions of this title (other than section 307) such sums as may be 
necessary for the fiscal years 1994 through 1997.''.
    (b) Conforming Amendments.--The following sections of title III of 
the Toxic Substances Control Act (15 U.S.C. 2662 et seq.) are repealed:
            (1) Section 305(f).
            (2) Section 306(j).
            (3) Section 308(f).

SEC. 4. PERFORMANCE PROGRAM FOR RADON PRODUCTS AND SERVICES.

    Section 309 of the Toxic Substances Control Act is amended to read 
as follows:

``SEC. 309. PERFORMANCE AND PROFICIENCY PROGRAM FOR RADON PRODUCTS AND 
              SERVICES.

    ``(a) Performance and Proficiency Program.--(1) Within one year 
after the enactment of the Radon Awareness and Disclosure Act of 1993, 
the Administrator shall promulgate regulations establishing a program 
to require each of the following--
            ``(A) Any product for the measurement or mitigation of 
        radon shall meet performance criteria that insure the 
        effectiveness of such product.
            ``(B) Any person offering a service to the public for the 
        measurement or mitigation of radon shall meet a level of 
        proficiency that insures the effectiveness of such service.
Effective on the date 2 years after the enactment of the Radon 
Awareness and Disclosure Act of 1993, no person may introduce into 
commerce any product for the measurement or mitigation of radon unless 
such product meets the performance criteria established under 
subparagraph (A) and no person may offer a service to the public for 
the measurement or mitigation of radon unless such person meets the 
level of proficiency established under subparagraph (B).
    ``(2) The program established as provided in paragraph (1) shall 
include each of the following--
            ``(A) Procedures for ordering the recall of any product 
        introduced in commerce for the measurement or mitigation 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 measurement 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 or mitigation 
        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 and mitigation 
        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, effectiveness, cost, and resistance to 
        tampering of such products and methods.
    ``(c) User Fee.--(1) Within one year after the enactment of the 
Radon Awareness and Disclosure Act of 1993, the Administrator shall 
promulgate rules imposing user fees on persons who manufacture or 
import any product 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 
promulgation of regulations under subsection (a) in order to promote 
the availability 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, nursing 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 (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).''.

SEC. 5. MEDICAL COMMUNITY OUTREACH.

    Title III of the Toxic Substances Control Act is amended by adding 
the following new section after section 316 (as redesignated by section 
11 of this Act):

``SEC. 317. MEDICAL COMMUNITY OUTREACH.

    ``(a) In General.--The Administrator, in cooperation with the 
Secretary of Health and Human Services, shall develop and implement an 
outreach program to provide information about radon to the medical 
community.
    ``(b) Information.--(1) The Administrator, in consultation with the 
Secretary of Health and Human Services and the Surgeon General, shall 
develop informational material concerning radon tailored to doctors in 
general practice and in specialties related to lung cancer. Such 
information shall, at a minimum--
            ``(A) explain the health threats posed by exposure to 
        radon;
            ``(B) explain the association of radon with smoking and 
        other causes of lung cancer;
            ``(C) identify appropriate steps to determine exposure to 
        radon in the home; and
            ``(D) identify sources of additional information.
    ``(2) Not later than one year after the date of the enactment of 
this section, the Administrator shall transmit the information 
developed pursuant to this section to--
            ``(A) doctors in the United States in general practice;
            ``(B) doctors in specialties related to lung cancer;
            ``(C) all doctors employed by the Federal Government;
            ``(D) all hospital administrators; and
            ``(E) other physicians and officials determined by the 
        Administrator to be appropriate.
    ``(c) Report.--Not later than 2 years after the date of enactment 
of this section, the Administrator, in consultation with the Secretary 
of Health and Human Services, shall report to Congress concerning the 
implementation of this section and recommendations for measures to 
improve radon information dissemination to the medical community.''.

SEC. 6. STRATEGY TO IDENTIFY AND REDUCE EXCEPTIONALLY HIGH INDOOR RADON 
              LEVELS.

    Title III of the Toxic Substances Control Act is amended by adding 
the following new section after section 315 (as added by section 5 of 
this Act):

``SEC. 316. STRATEGY TO IDENTIFY AND REDUCE EXCEPTIONALLY HIGH INDOOR 
              RADON LEVELS.

    ``(a) Development of the Strategy.--Within 9 months of the date of 
enactment of the Radon Awareness and Disclosure Act of 1993, the 
Administrator shall, in consultation with other Federal agencies and 
scientific experts in radon health effects, detection, and mitigation, 
using relevant and available information, develop and provide to 
Congress a strategy for identifying areas and buildings within the 
United States with exceptionally high levels of radon and for reducing 
such radon levels. The Administrator shall revise the strategy as 
necessary to incorporate additional relevant information.
    ``(b) Implementation of the Strategy.--No later than 9 months after 
the date of enactment of the Radon Awareness and Disclosure Act of 
1993, the Administrator shall begin to implement the provisions of the 
strategy required under subsection (a).
    ``(c) Report to Congress.--21 months after the date of enactment of 
the Radon Awareness and Disclosure Act of 1993, the Administrator shall 
report to Congress on the results of Federal, State, and local efforts 
to implement the strategy developed under subsection (a).''.

SEC. 7. AMENDMENTS TO SECTION 306 OF TSCA.

    Section 306 of the Toxic Substances Control Act is amended as 
follows:
            (1) In subsection (e), strike ``In the event that State 
        applications for funds exceed the total funds available in a 
        fiscal year, the'' and insert ``The''.
            (2) Amend subsection (e) to add the following new paragraph 
        at the end thereof:
            ``(5) The potential for the activity or project to advance 
        the strategy developed under section 315.''.
            (3) In subsection (f), strike ``in the third year'' and 
        insert ``thereafter''.

SEC. 8. ESTABLISHMENT OF PRESIDENT'S COMMISSION ON RADON AWARENESS.

    (a) Establishment.--There is established a commission to be known 
as the President's Commission on Radon Awareness (hereinafter in this 
Act referred to as the ``Commission'').
    (b) Duties.--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 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.
    (c) National Radon Education Campaign.--
            (1) In general.--The Administrator of the Environmental 
        Protection Agency, in collaboration with the Commission, shall 
        establish a national education campaign to increase public 
        awareness concerning radon health risks and motivate public 
        action to reduce radon levels. The national education campaign 
        shall include the use of funds for the purchase and production 
        of public educational materials. The Administrator is 
        authorized to enter into cooperative agreements to carry out 
        this section.
            (2) Radon awareness week.--As part of the national 
        education campaign, the Administrator may designate an annual 
        national radon awareness week.
    (d) Membership and Operation of Commission.--
            (1) 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--
                    (A) advertising agencies;
                    (B) television, radio, cable communications, and 
                print media;
                    (C) the health industry;
                    (D) other segments of the business sector of the 
                United States;
                    (E) experts in the field of radiation science;
                    (F) consumer groups;
                    (G) the radon testing and remediation industry; and
                    (H) other Federal agencies, as designated by the 
                President.
            (2) Terms.--
                    (A) Except as provided in subparagraphs (B) and 
                (C), members shall be appointed for terms of 3 years.
                    (B) 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.
                    (C) A member may serve after the expiration 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 Commission 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 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.
            (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 consultants 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 Commission 
        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 
        announcements produced by the Commission and published or 
        broadcast.
            (6) Termination.--The Commission shall terminate on a date 
        which is 3 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.

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 insert ``NEW 
        CONSTRUCTION''.
            (2) Insert ``(a) Model Standards and Techniques.--'' 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 promulgation of 
such standards. Such standards shall, at a minimum, require that radon 
levels do not exceed the levels 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 information concerning radon as added by 
section 11 of this Act):

``SEC. 311. AUTHORIZED STATE PROGRAMS.

    ``(a) Approval.--Any State which seeks to administer and enforce a 
State program containing the standards, regulations, or other 
requirements established under section 309(a)(1)(B)(relating to 
services for the measurement or mitigation of radon) or 304(b)(relating 
to new construction standards), or both, 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 
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 application. The Administrator may 
approve the application only if, after notice and after opportunity for 
public hearing, 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 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, regulations, and other requirements of this title, the 
Administrator 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 pursuant 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 enforce 
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 political 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) (relating 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 annual 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 section 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 shall require that, before the purchaser or lessee 
        is obligated under any contract to purchase or lease the 
        premises, the seller or lessor shall--
                    ``(A) provide the purchaser or lessee with a radon 
                hazard information pamphlet as prescribed in subsection 
                (b);
                    ``(B) disclose to the purchaser or lessee the 
                presence of any known radon and any radon mitigation 
                systems in the vulnerable premises concerned and 
                provide to the purchaser or lessee any radon 
                measurement report available to the seller or lessor; 
                and
                    ``(C) permit the purchaser a 10-day period (unless 
                the parties mutually agree upon a different period of 
                time) to conduct a test of the premises to detect 
                radon.
            ``(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 and a statement signed 
        by the purchaser that the purchaser has--
                    ``(A) read the Radon Warning Statement and 
                understands its contents;
                    ``(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 statement.--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:

                `Every purchaser of any premises with one or more 
                            frequently 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 vulnerable premises, the regulations 
        promulgated under this section 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 Administrator 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 or mitigation of radon which meet the 
        performance criteria established 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 revise such 
pamphlet.
    ``(c) Penalties for Violations.--
            ``(1) Civil liability.--Any person who knowingly 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 damages 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 commencing such action, together with 
        reasonable attorney fees and any expert witness fees, if that 
        party prevails.
    ``(d) Other Disclosure Requirements.--The Administrator may 
consolidate the requirements applicable under this section with the 
disclosure requirements applicable 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 agreement, 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 enactment 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 PROCEEDINGS.

    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 regulations 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, licensing, 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 nongovernmental entity is subject to such 
requirements, including the payment of reasonable service charges. The 
Federal, State, interstate, and local substantive and procedural 
requirements 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 continuing violations. The United States hereby 
expressly waives any immunity otherwise applicable to the United States 
with respect to any such substantive or procedural requirement 
(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 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 (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 section 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 insert ``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 appears in 
                subparagraphs (B) and (D) of subsection (a)(1) and in 
                subsection (b) and insert ``title III or title IV''.
            (6) In section 19 in the first sentence of subsection 
        (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 enactment 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 
                            services.
``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 levels.
``Sec. 317. Medical community outreach.
``Sec. 318. Authorization of appropriations.''.

                                 <all>

HR 2448 IH----2