Indoor Air Act of 1994 - Directs the Administrator of the Environmental Protection Agency to publish: (1) a list of common significant indoor air health risks; and (2) concurrently with such list, voluntary guidelines for identifying, reducing, and preventing such risks.
Requires the Administrator to give priority to conducting and providing financial or other assistance to studies concerning indoor air quality.
Directs the Administrator to: (1) report to the Congress on persons operating contractor businesses engaged in the identification, reduction, and prevention of significant indoor air health risks and on the need for a program to certify contractors engaged in such activities; and (2) establish a voluntary certification program for contractors engaged in the identification of such risks. Imposes fees for certification. Authorizes the suspension or revocation of certifications for violations of certification requirements.
Directs the Administrator to publish and disseminate the list of common significant indoor air health risks, the guidelines for identifying, reducing, and preventing such risks, and indoor air health advisories addressing the health effects of such risks.
Requires the Administrator to develop a voluntary program to provide Federal recognition to buildings that are operated and maintained to prevent or minimize such risks and that provide significant energy efficiency benefits.
Authorizes the Administrator to provide grants to States and local governments to implement programs to identify, reduce, and prevent such risks.
Requires the Director of the National Institute for Occupational Safety and Health to implement a Building Assessment Program to provide assistance and guidance to employers and employees on measures to reduce such risks. Authorizes the Director, at the request of an employer or employee, to conduct on-site assessments of buildings.
Directs the Administrator to ensure that the presentation of information on significant indoor air health risks is unbiased and informative.
Authorizes appropriations.
[Congressional Bills 103th Congress]
[From the U.S. Government Printing 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.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Health and the Environment.
Subcommittee Hearings Held.
Subcommittee Consideration and Mark-up Session Held.
Forwarded by Subcommittee to Full Committee (Amended) by the Yeas and Nays: 18 - 17.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by Voice Vote.
Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 103-719.
Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 103-719.
Placed on the Union Calendar, Calendar No. 396.
Mr. Waxman moved to suspend the rules and pass the bill, as amended.
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Considered under suspension of the rules. (consideration: CR H10593-10605)
DEBATE - The House proceeded with forty minutes of debate.
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.
On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.
Motion to reconsider laid on the table Agreed to without objection.
The title of the measure was amended. Agreed to without objection.
Laid on the table. See S. 656 for further action.