[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6396 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 6396

   To establish a grant program to test and mitigate radon levels in 
                public schools, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 13, 2012

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

_______________________________________________________________________

                                 A BILL


 
   To establish a grant program to test and mitigate radon levels in 
                public schools, 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 ``End Radon in Schools Act''.

SEC. 2. ESTABLISHMENT OF GRANT PROGRAM.

    (a) In General.--Subject to the availability of appropriations to 
carry out this Act, not later than 180 days after the date that Federal 
funds are first appropriated for this Act, the Administrator of the 
Environmental Protection Agency, in consultation with the Secretary of 
Education, shall establish a program under which the Administrator may 
award grants to States to conduct short-term radon testing to identify 
and mitigate unsafe radon levels in public schools.
    (b) Guidelines.--Not later than 180 days after the date of 
enactment of this Act, the Administrator shall review, update, revise, 
and publish the Radon Measurements In Schools Guidelines with current 
information and guidance on radon testing in a public school.

SEC. 3. GRANT AWARDS.

    In carrying out the program under this Act, the Administrator 
shall--
            (1) provide an initial grant award for each State selected 
        to receive a grant under this Act to complete the testing under 
        section 5(b)(1);
            (2) in the case of a State that submits a report and is 
        required to conduct an additional test under section 5(b)(3), 
        provide an additional grant award for the State to complete 
        such test;
            (3) in the case of a State that submits a report and is 
        required to conduct mitigation under section 5(c)(1)--
                    (A) provide an additional grant award for the State 
                to conduct such mitigation under such subparagraph (A) 
                of such section; or
                    (B) conduct such mitigation under subparagraph (B) 
                of such section; and
            (4) in the case of a State that submits a report and is 
        required to conduct reevaluation under section 5(d), provide an 
        additional grant award for the State to complete the 
        reevaluation.

SEC. 4. APPLICATION; PRIORITY.

    (a) Application.--To be eligible to receive a grant under this Act, 
a State shall submit an application to the Administrator in such 
manner, at such time, and containing such information as the 
Administrator may require, including a certification that the grant 
funds will be used to--
            (1) test the radon levels in public schools pursuant to 
        section 5(b); and
            (2) mitigate the effects of unsafe radon levels in public 
        schools pursuant to section 5(c), determined by the test under 
        paragraph (1).
    (b) Priority.--In awarding grants to States under this Act, the 
Administrator shall--
            (1) determine the priority of grant awards by ranking each 
        State that submits an application in relation to each other 
        such State; and
            (2) in ranking States under paragraph (1)--
                    (A) assign highest priority to a State with 100 
                percent of such State's landmass in Radon Zone 1;
                    (B) in a case in which multiple States have 100 
                percent of such States' landmasses in Radon Zone 1, 
                assign priority among such States at the Secretary's 
                discretion; and
                    (C) in a case in which a State has less than 100 
                percent of such State's landmass in Radon Zone 1, 
                assign priority to such State at the Secretary's 
                discretion.

SEC. 5. USE OF FUNDS.

    (a) In General.--A State that receives a grant under this Act 
shall--
            (1) follow the Radon Measurements In Schools Guidelines 
        updated pursuant to section 2(b);
            (2) test radon levels in each public school pursuant to 
        subsection (b);
            (3) if necessary, mitigate unsafe radon levels pursuant to 
        subsection (c); and
            (4) if necessary, reevaluate mitigation pursuant to 
        subsection (d).
    (b) Testing.--A State that receives a grant under this Act shall--
            (1) conduct a short-term test in each public school in such 
        State;
            (2) submit a report to the Administrator--
                    (A) describing the results of each test conducted 
                pursuant to paragraph (1); and
                    (B) if necessary, estimating the funds necessary to 
                conduct an additional short-term test under paragraph 
                (3); and
            (3) in the case of a school that has, according to a test 
        conducted under paragraph (1), a radon level at or above 4 
        picocuries per liter at a public school, conduct an additional 
        short-term test at such public school at a time and manner 
        consistent with the Administrator's Radon Measurements In 
        Schools Guidelines updated pursuant to section 2(b).
    (c) Mitigation.--
            (1) In general.--In the case of a public school at which 
        tests conducted under paragraphs (1) and (3) of subsection (b) 
        average at least 4 picocuries per liter--
                    (A) if the State's report under paragraph (2) 
                includes the certification described in paragraph 
                (2)(A), the State of the school shall mitigate the 
                radon level at the public school by providing funds to 
                the local educational agency serving such school to 
                enable the agency to carry out the mitigation described 
                in paragraph (3); or
                    (B) if the State's report under paragraph (2) does 
                not include such certification, the Administrator shall 
                carry out the mitigation described in paragraph (3), 
                directly or by contract.
            (2) Certification; reporting.--A State that receives a 
        grant under this Act shall--
                    (A) if necessary, seek certification from each 
                local educational agency that serves each public school 
                described in paragraph (1) that such agency will, if 
                provided funding pursuant to section 3(3)(A), complete 
                the actions described in paragraph (3); and
                    (B) submit a report to the Administrator that--
                            (i) in the case in which a local 
                        educational agency provides certification to 
                        the State under subparagraph (A), includes such 
                        certification;
                            (ii) describes the results of each test at 
                        such public school conducted under subsection 
                        (b); and
                            (iii) if necessary, estimates the funds 
                        necessary to conduct mitigation at such public 
                        school pursuant to paragraph (3).
            (3) Mitigation requirements.--In mitigating the radon 
        levels at public schools, the Administrator or a local 
        educational agency, as appropriate, shall--
                    (A) work with a licensed radon mitigation 
                professional to determine the most effective way to 
                mitigate the radon at the public school;
                    (B) create a mitigation plan within 3 months after 
                the date of the second short-term test under subsection 
                (b)(3);
                    (C) designate a mitigation unit and implement the 
                mitigation plan under subparagraph (B) within 6 months 
                after the date of the second short-term test under 
                subsection (b)(3);
                    (D) conduct a short-term test not less than once 
                per year; and
                    (E) if necessary, conduct the reevaluation under 
                subsection (d).
    (d) Reevaluation.--If the first annual test under subsection 
(c)(3)(D) conducted after the mitigation plan is implemented results in 
a radon level at or above 4 picocuries per liter at a public school, 
the local educational agency that serves the school shall--
            (1) reevaluate the mitigation plan under subsection 
        (c)(3)(B) in consultation with a licensed radon mitigation 
        professional;
            (2) create an alternative mitigation plan to replace the 
        mitigation plan;
            (3) submit a report to the Administrator--
                    (A) describing the results of such annual test; and
                    (B) estimating the funds necessary to conduct 
                reevaluation under this subsection; and
            (4) direct the mitigation unit to implement an alternative 
        mitigation plan under subsection (c)(3) within 6 months after 
        the date of such annual test.

SEC. 6. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Licensed radon mitigation professional.--The term 
        ``licensed radon mitigation professional'' means an 
        individual--
                    (A) licensed, registered, or qualified by a State 
                radon program to mitigate radon; or
                    (B) approved by the Administrator to mitigate 
                radon.
            (3) Local educational agency.--The term ``local educational 
        agency'' has the meaning given that term in section 9101 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801).
            (4) Mitigation plan.--The term ``mitigation plan'' means 
        the plan to mitigate radon created by the licensed radon 
        mitigation professional in consultation with the local 
        educational agency under subsection (c)(3)(B).
            (5) Mitigation unit.--The term ``mitigation unit'' means 
        the individuals designated under subsection (c)(3)(C) by the 
        local educational agency to implement the mitigation plan.
            (6) Public school.--The term ``public school'' has the 
        meaning given that term in section 5145 of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 7217d).
            (7) Radon measurements in schools guidelines.--The term 
        ``Radon Measurements In Schools Guidelines'' means the report 
        entitled ``Radon Measurements In Schools'' produced by the 
        Administrator in July 1993, describing current information and 
        guidance on radon testing in a public school.
            (8) Radon zone 1.--The term ``Radon Zone 1'' means those 
        areas with a predicted average indoor radon screening level 
        greater than 4 picocuries per liter.
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.
            (10) Short-term test.--The term ``short-term test'' means a 
        test approved by the Administrator in which a testing device 
        remains in an area for not less than 2 days and not more than 
        90 days to determine the amount of radon in the air that is 
        acceptable for human inhalation.
            (11) State.--The term ``State'' means each of the several 
        States of the United States and the District of Columbia.
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