Statement of Administration Policy: S. 792 - Indoor Radon Abatement Reauthorization Act of 1991

(SENT 2/28/92)
(Senate)
(Lautenberg (D) New Jersey and 4 others)

The Administration opposes enactment of S. 792. The bill's prescriptive and costly regulatory requirements would duplicate existing Federal programs without significantly lowering indoor air radon levels. The bill would also undermine programs designed to provide States with the flexibility to develop self- sustaining, cost-effective, and location-specific programs.

The Federal Government is already undertaking numerous programs to address elevated radon levels in buildings. The Environmental Protection Agency's (EPA) Radon Action Program provides a wide range of technical assistance to help States identify and mitigate elevated radon in residences, work places, and schools. EPA also is working with other Federal agencies to develop radon policies for federally run housing programs.

The bill would inappropriately reauthorize the State Radon grant program as a permanent federally subsidized program. This reauthorization is contrary to the original intent of the existing three-year start-up grant program. The program was designed to end Federal assistance after three years by gradually increasing the State share. While the Administration would not oppose a one-year extension at a reduced Federal share, it opposes a longer extension.

The bill's unfocused requirements and definitions will result in over-control and excessive societal costs where radon levels are relatively low. The definitions of "Priority Radon Areas" and "target action point" are too broad and ignore the work that EPA and other agencies have already done to determine areas with a high probability of elevated radon levels. The Administration opposes any change to the existing radon guidelines without first going through the appropriate scientific review process.

The bill's prescriptive regulatory approach is premature given the current state of scientific and technical expertise on mitigating radon. Some of the techniques developed for mitigating radon have been successfully applied in schools and large buildings. However, more research is needed, particularly in multifamily residences, to develop and refine these techniques, and a regulatory approach for mitigating radon problems in large buildings is premature at this time.

S. 792 would unnecessarily insert the Federal Government into areas that have traditionally been the Province of State and local governments. It is inappropriate for the Federal Government to interfere with State and local control of the housing market by regulation, forcing them to adopt Federal minimum radon building standards. The bill may supersede successful State and local government programs designed to reflect the particular needs of their jurisdictions.

Scoring for Purposes of Pay-As-You-Go

S. 792 would increase direct spending; therefore, it is subject to the pay-as-you-go requirement of the Omnibus Budget Reconciliation Act of 1990 (OBRA). A budget point of order applies in both the House and the Senate against any bill that is not fully offset under CBO scoring. If, contrary to the Administration's recommendation, the Senate waives any such point of order that applies against S. 792, the effects of enactment of this legislation would be included in a look back pay-as-you-go sequester report at the end of the congressional session.

OMB's preliminary scoring estimates of this bill are presented in the table below. Final scoring of this legislation may deviate from these estimates. If S. 792 were enacted, final OMB scoring estimates would be published within five days of enactment, as required by OBRA. The cumulative effects of all enacted legislation on direct spending will be issued in monthly reports transmitted to the Congress.

Estimates For Pay-As-You-Go
(in millions)