[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2919 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 2919

To amend the Public Health Service Act to authorize a national program 
to reduce the threat to human health posed by exposure to contaminants 
                          in the air indoors.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 6, 1993

 Mr. Kennedy introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To amend the Public Health Service Act to authorize a national program 
to reduce the threat to human health posed by exposure to contaminants 
                          in the air indoors.

    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 ``Indoor Air Act of 1993''.

SEC. 2. AMENDMENT OF PUBLIC HEALTH SERVICE ACT.

    The Public Health Service Act is amended by adding the following 
new title at the end thereof:

              ``TITLE XXVII--NATIONAL INDOOR AIR STRATEGY

``SEC. 2701 STRATEGY.

    ``Not later than 2 years after the enactment of this title, the 
Administrator shall, in coordination with other appropriate agencies, 
promulgate a national strategy to reduce human exposure to indoor air 
pollutants.

``SEC. 2702. GUIDELINES FOR IDENTIFYING AND PREVENTING INDOOR AIR 
              HAZARDS.

    ``(a) List.--(1) Not later than 2 years after the enactment of this 
title, the Administrator shall promulgate a list of common indoor air 
hazards.
    ``(b) Guidelines.--Not later than 2 years after the enactment of 
this title, the Administrator shall promulgate guidelines for 
identifying, eliminating, and preventing those indoor air hazards 
listed under subsection (a). Such guidelines shall include guidelines 
for both the operation and maintenance of existing buildings and the 
design and construction of new buildings. Such guidelines may also 
include guidelines for building renovation and sources of indoor air 
pollution, and such other guidelines as necessary to identify, 
eliminate, or prevent indoor air hazards listed under subsection (a). 
Compliance with such guidelines shall be voluntary unless the 
Administrator determines otherwise.
    ``(c) Review and Revision.--The Administrator shall periodically 
review and, as necessary, revise the list of indoor air hazards and the 
guidelines. At a minimum, one such review and revision shall be 
completed not later than 4 years after the initial promulgation of the 
list and guidelines.

``SEC. 2703. INDOOR AIR CONTRACTORS.

    ``(a) Accreditation.--Not later than 2 years after the enactment of 
this title, the Administrator shall establish a program to accredit 
persons to train individuals in the identification, elimination, and 
prevention of indoor air hazards. At a minimum, such program shall 
require accredited persons to provide training on compliance with the 
guidelines established under section 2702.
    ``(b) Certification.--Not later than 2 years after the enactment of 
this title, the Administrator shall establish a program to certify 
indoor air contractors. At a minimum, no person may be certified as an 
indoor air contractor unless--
            ``(1) such person demonstrates an ability to comply with 
        the guidelines established under section 2702; and
            ``(2) all individuals engaged in indoor air hazard 
        identification, elimination, or prevention on behalf of such 
        person complete a course of training with an accredited 
        training provider under subsection (a).
Persons certified under this subsection shall comply with such 
guidelines when engaged in the identification, elimination, or 
prevention of listed indoor air hazards.
    ``(c) Fees.--The Administrator shall impose an annual fee for the 
accreditation and certification of persons under this section. The fee 
shall be established at such level as is necessary to cover the costs 
of administering the accreditation and certification programs under 
this section. Such fees shall be structured such that a 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.
    ``(d) Suspension or Revocation.--The Administrator may suspend or 
revoke any accreditation or certification issued under this section 
whenever the Administrator determines that the holder of the 
accreditation or certification has violated any requirement of this 
section. Any person whose accreditation or certification is denied, 
suspended, or revoked by the Administrator shall be entitled to an 
administrative hearing.
    ``(e) Participation.--Participation in the certification program 
under this section shall be voluntary unless the Administrator 
determines otherwise.

``SEC. 2704. NATIONAL PUBLIC AWARENESS CAMPAIGN.

    ``(a) National Campaign.--Not later than 2 years after the 
enactment of this title, the Administrator shall, in coordination with 
other appropriate agencies, establish a national campaign to increase 
public awareness concerning the health risks of, and to encourage 
action to reduce exposure to, indoor air pollutants. As part of such 
campaign, the Administrator shall, at a minimum--
            ``(1) publish and disseminate the health advisories 
        required under subsection (b),
            ``(2) publish and disseminate the technology bulletins 
        required under subsection (c),
            ``(3) publish and disseminate the list of indoor air 
        hazards and the guidelines promulgated under section 2702,
            ``(4) promulgate and disseminate lists of training 
        providers accredited and contractors certified under section 
        2703, and
            ``(5) establish an information clearinghouse in accordance 
        with subsection (d).
    ``(b) Indoor Air Pollutant Health Advisories.--The Administrator 
shall publish advisory materials addressing the health effects of 
indoor air pollutants that are likely to occur indoors at 
concentrations which may reasonably be anticipated to adversely affect 
human health. Such advisory materials shall, at a minimum--
            ``(1) describe the adverse human health effects of exposure 
        to various concentrations of the indoor air pollutant, 
        including the risk to subpopulations which may have higher 
        exposure levels than the average person or be especially 
        sensitive to exposure to the indoor air pollutant;
            ``(2) characterize the likely sources of exposure to the 
        indoor air pollutant; and
            ``(3) establish levels of the indoor air pollutant at which 
        action should be taken to reduce exposure.
The Administrator shall publish not less than 12 advisories within 2 
years after the date of the enactment of this title.
    ``(c) Technology Bulletins.--The Administrator, shall publish 
technology bulletins providing an assessment of the effectiveness, 
feasibility, and cost of methods for measurement and reduction of 
exposure to indoor air pollutants. At a minimum, the Administrator 
shall publish a technology bulletin for an indoor air pollutant 
concurrently with the publication of a health advisory for that 
pollutant.
    ``(d) Indoor Air Quality Information Clearinghouse.--The 
Administrator shall establish a national indoor air quality 
clearinghouse to be used to disseminate indoor air quality information, 
including the information referred to in paragraphs (1) through (4) of 
subsection (a). The clearinghouse shall operate a toll-free telephone 
hotline on indoor air quality to provide the public such information.

``SEC. 2705. FEDERAL FACILITIES.

    ``(a) In General.--Not later than 2 years after the enactment of 
this title, the Administrator shall, in coordination with other 
appropriate agencies, establish a program to identify, eliminate, and 
prevent indoor air hazards in Federal facilities.
    ``(b) Operation and Maintenance.--The program under subsection (a) 
shall require the head of each Federal agency responsible for operation 
and maintenance of a Federal facility to operate and maintain 
facilities operated by the agency in compliance with the guidelines 
established under section 2702.
    ``(c) New Facilities.--The program under subsection (a) shall 
require the head of each Federal agency responsible for the design and 
construction of a new Federal facility to design and construct the 
facility in compliance with the guidelines established under section 
2702.

``SEC. 2706. HEALTHY BUILDINGS PROGRAM.

    ``The Administrator shall develop a voluntary, incentive-based 
program to provide Federal recognition to buildings that are designed 
and constructed and operated and maintained in a manner that prevents 
indoor air hazards.

``SEC. 2707. STATE AND LOCAL INDOOR AIR GRANTS.

    ``(a) In General.--The Administrator may provide grants to States 
and to local governments to develop and implement programs to measure 
and reduce indoor air pollutants, consistent with the national strategy 
promulgated under section 2701.
    ``(b) Federal Share of Funding.--The Federal share of grants under 
this section shall not exceed 75 percent of the costs incurred in 
developing and implementing such programs.

``SEC. 2708. INDOOR AIR STUDIES.

    ``The Administrator, in coordination with other appropriate Federal 
agencies, may conduct, or provide financial or other assistance to, 
studies concerning indoor air quality, including the following:
            ``(1) Human exposure to indoor air pollutants, including 
        baseline levels of exposure in various types of buildings.
            ``(2) The sources of indoor air pollutants.
            ``(3) The effects on human health of indoor air pollutants, 
        including additive, cumulative, and synergistic effects on the 
        general population and populations particularly sensitive to 
        indoor air pollutants.
            ``(4) Methods for measuring, reducing, and preventing 
        exposure to indoor air pollutants.

``SEC. 2709. RELATION TO OTHER LAW.

    ``(a) State and Local Authority.--Nothing in this title shall 
preempt any Federal, State, or local law or rule of law which is more 
protective of human health than this title.
    ``(b) Federal Authority.--In taking action under other authority 
that may affect indoor air quality the Administrator shall, to the 
extent permitted by such other authority, exercise such authority in a 
manner that improves indoor air quality and implements the national 
strategy promulgated under section 2701.

``SEC. 2710. REPORTS.

    ``Not later than 2 years after the date of the enactment of this 
title and every 2 years thereafter, the Administrator shall submit to 
the Congress a report on the activities carried out by the 
Administrator pursuant to this title.

``SEC. 2711. ENFORCEMENT.

    ``(a) Civil Penalties.--Any person who violates any requirement in 
effect under this title, including any requirement of any regulation, 
order, accreditation, or certification issued under this title, shall 
be in violation of this title and shall be liable to the United States 
for a civil penalty in an amount not to exceed $10,000 for each day of 
violation. The amounts specified in the preceding sentence shall be 
adjusted annually for each calendar year after the calendar year 1993 
to account for inflation or deflation.
    ``(b) Civil Actions.--The Administrator may commence a civil action 
to enjoin any violation of this title or to assess and recover any 
civil penalty under subsection (a) of this section. Any action under 
this subsection may be brought in the district court of the United 
States for the district in which the violation is alleged to have 
occurred or in which the defendant resides or has its principal place 
of business, and the court shall have jurisdiction to issue injunctive 
relief and to assess a civil penalty.
    ``(c) Administrative Orders.--The Administrator may issue an order 
to any person requiring such person to comply with any requirement of 
this title and the Administrator may, after notice and opportunity for 
hearing on the record in accordance with section 554 and 556 of title 
5, United States Code, issue an order assessing a civil penalty for 
violation of this title.

``SEC. 2712. CITIZEN SUITS.

    ``Any person may commence a civil action on such person's own 
behalf against--
            ``(1) any person (including (a) the United States, and (b) 
        any other governmental instrumentality or agency to the extent 
        permitted by the Eleventh Amendment to the Constitution) who is 
        alleged to have violated or to be in violation of any 
        requirement in effect under this title, or
            ``(2) the Administrator or the head of any other Federal 
        agency where there is an alleged failure of the Administrator 
        or such other agency head to perform any act or duty under this 
        title which is not discretionary.
The district courts shall have jurisdiction, without regard to the 
amount in controversy, to enforce such requirement, to order the 
Administrator or such other agency head to perform such act or duty, to 
apply any appropriate civil penalties, and to award costs of litigation 
(including reasonable attorney and expert witness fees) to the party 
commencing the action whenever the court determines such award is 
appropriate.

``SEC. 2713. DEFINITIONS.

    ``For the purposes of this title:
            ``(1) The term `Administrator' means the Administrator of 
        the Environmental Protection Agency.
            ``(2) The term `indoor air hazard' means a level of indoor 
        air pollutants, or a condition that may result in a level of 
        indoor air pollutants, that may be reasonably anticipated to 
        adversely affect human health. Such conditions may include 
        inadequate ventilation, intake of contaminated ambient air, 
        microbial contamination, and indoor chemical sources.
            ``(3) The term `indoor air pollutant' means any substance 
        or biological organism which is emitted into or otherwise 
        enters air other than ambient air.
            ``(4) The term `Federal agency' means any department, 
        agency, or other instrumentality of the executive, legislative 
        or judicial branches of the Federal Government, including any 
        independent agency or establishment of the Federal Government 
        or government corporation.
            ``(5) The term `Federal facility' means any building or 
        portion of a building owned or operated by a Federal agency.
            ``(6) The term `person' includes an individual, a 
        corporation, partnership, association, State, municipality, 
        political subdivision of a State, and any agency, department, 
        or instrumentality of the executive, legislative or judicial 
        branch of the Government of the United States or of any State 
        and any officer, agent or employee thereof.
            ``(7) The term `State' includes the District of Columbia, 
        Puerto Rico, the Virgin Islands, Guam, American Samoa, and the 
        Commonwealth of the Northern Maraiana Islands.

``SEC. 2714. AUTHORIZATIONS.

    ``There are authorized to be appropriated such sums as may be 
necessary to carry out this title.''.

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