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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 717 Introduced in Senate (IS)]

<DOC>

116th CONGRESS
  1st Session
                                 S. 717

To amend the Toxic Substances Control Act to prohibit the manufacture, 
   processing, and distribution in commerce of asbestos and asbestos-
       containing mixtures and articles, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 7, 2019

 Mr. Merkley (for himself, Mr. Blumenthal, Mr. Whitehouse, Mr. Tester, 
 Mr. Booker, Ms. Harris, Mr. Sanders, Mr. Durbin, Mrs. Feinstein, Mr. 
 Markey, Ms. Klobuchar, and Mr. Cardin) introduced the following bill; 
 which was read twice and referred to the Committee on Environment and 
                              Public Works

_______________________________________________________________________

                                 A BILL

 
To amend the Toxic Substances Control Act to prohibit the manufacture, 
   processing, and distribution in commerce of asbestos and asbestos-
       containing mixtures and articles, 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 ``Alan Reinstein Ban Asbestos Now Act 
of 2019''.

SEC. 2. ASBESTOS BAN AND REPORTING.

    Section 6 of the Toxic Substances Control Act (15 U.S.C. 2605) is 
amended--
            (1) by redesignating subsection (j) as subsection (k); and
            (2) by inserting after subsection (i) the following:
    ``(j) Asbestos.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Asbestos.--The term `asbestos' means--
                            ``(i) the asbestiform varieties of 
                        chrysotile, actinolite, amosite, anthophyllite, 
                        crocidolite, richterite, winchite, and 
                        tremolite; and
                            ``(ii) the nonasbestiform varieties of 
                        richterite and winchite.
                    ``(B) Distribute in commerce.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), the terms `distribute in commerce' 
                        and `distribution in commerce' have the 
                        meanings given the terms in section 3.
                            ``(ii) Exclusions.--The terms `distribute 
                        in commerce' and `distribution in commerce' do 
                        not include, with respect to asbestos--
                                    ``(I) end-use of a mixture or 
                                article containing asbestos and 
                                installed in a building or other 
                                structure before the date of enactment 
                                of this subsection; or
                                    ``(II) distribution of a mixture or 
                                article containing asbestos solely for 
                                the purpose of disposal of the mixture 
                                or article in compliance with 
                                applicable Federal, State, and local 
                                requirements.
                    ``(C) Mixture or article containing asbestos.--The 
                term `mixture or article containing asbestos' includes 
                a mixture or article in which asbestos is present as an 
                impurity.
            ``(2) Prohibition of manufacture, processing, and 
        distribution in commerce.--Effective 1 year after the date of 
        enactment of this subsection, no person may manufacture, 
        process, or distribute in commerce asbestos or any mixture or 
        article containing asbestos.
            ``(3) Exemption for national security reasons.--
                    ``(A) In general.--Notwithstanding any other 
                provision of this subsection, the President may, on 
                application, grant any person an exemption from the 
                prohibition under paragraph (2) once for the 
                manufacture, processing, or distribution in commerce of 
                asbestos or any mixture or article containing asbestos 
                only if the President determines that--
                            ``(i) the manufacture, processing, or 
                        distribution in commerce of asbestos or any 
                        mixture or article containing asbestos by the 
                        person is necessary to protect the national 
                        security interests of the United States; and
                            ``(ii) no feasible alternative to the 
                        manufacture, processing, or distribution in 
                        commerce of asbestos or any mixture or article 
                        containing asbestos exists for the intended 
                        use.
                    ``(B) Duration.--
                            ``(i) In general.--The period of an 
                        exemption granted under subparagraph (A) shall 
                        not exceed 3 years.
                            ``(ii) Extension.--The President may, in 
                        accordance with subparagraph (A), extend an 
                        exemption granted under that subparagraph once, 
                        for a period not to exceed 3 years.
                    ``(C) Terms and conditions.--An exemption granted 
                under this paragraph (including any extension granted 
                under subparagraph (B)(ii)) shall include such terms 
                and conditions as are necessary to achieve the maximum 
                practicable reduction in exposure to asbestos.
                    ``(D) Publication.--
                            ``(i) Applications.--Not later than 30 days 
                        after receipt of an application for an 
                        exemption under this paragraph (including an 
                        extension under subparagraph (B)(ii)), the 
                        President shall publish the application in the 
                        Federal Register.
                            ``(ii) Exemptions.--Not later than 30 days 
                        after granting an exemption under this 
                        paragraph (including an extension under 
                        subparagraph (B)(ii)), the President shall 
                        publish in the Federal Register--
                                    ``(I) a notice of the exemption; 
                                and
                                    ``(II) the terms and conditions 
                                included under subparagraph (C).
                    ``(E) Application of waiver authority.--
                Notwithstanding section 22, the Administrator may not 
                issue a waiver under that section with respect to 
                asbestos.
            ``(4) Reports.--
                    ``(A) Timing and coverage.--
                            ``(i) Previous action.--Not later than 120 
                        days after the date of enactment of this 
                        subsection, any person who has manufactured, 
                        processed, or distributed in commerce asbestos 
                        or any mixture or article containing asbestos 
                        during the 3-year period preceding that date of 
                        enactment shall submit to the Administrator a 
                        report described in subparagraph (B).
                            ``(ii) Later action.--Any person 
                        manufacturing, processing, or distributing in 
                        commerce asbestos or any mixture or article 
                        containing asbestos during the period that 
                        begins on the date of enactment of this 
                        subsection and ends on the date on which the 
                        prohibition under paragraph (2) takes effect 
                        shall submit to the Administrator a report 
                        described in subparagraph (B) not later than 60 
                        days after--
                                    ``(I) the date of enactment of this 
                                subsection, for any person who has 
                                manufactured, processed, or distributed 
                                in commerce asbestos or any mixture or 
                                article containing asbestos before that 
                                date of enactment; or
                                    ``(II) the date on which the person 
                                initiates that manufacture, processing, 
                                or distribution in commerce, for any 
                                person initiating that manufacture, 
                                processing, or distribution in commerce 
                                on or after that date of enactment.
                            ``(iii) Reports during exempted period.--
                        Any person granted an exemption under paragraph 
                        (3) shall submit to the Administrator a report 
                        described in subparagraph (B) not later than 27 
                        months after--
                                    ``(I) the date on which the 
                                exemption is granted; and
                                    ``(II) the date on which the 
                                exemption is extended, if applicable.
                    ``(B) Contents.--Each report submitted under 
                subparagraph (A) shall include--
                            ``(i) the name and address of the person 
                        submitting the report;
                            ``(ii) the name, title, and contact 
                        information of an authorized representative of 
                        the person submitting the report;
                            ``(iii) the location of the facility or 
                        facilities where the manufacture, processing, 
                        or distribution in commerce of asbestos or 
                        mixtures or articles containing asbestos has 
                        occurred, or will occur, during the reporting 
                        period;
                            ``(iv) a description of the manufacture, 
                        processing, or distribution activity during the 
                        reporting period of the person submitting the 
                        report and the intended and known uses of 
                        asbestos and each mixture or article containing 
                        asbestos by that person and all other persons 
                        to whom the asbestos, mixture, or article is 
                        sold or otherwise distributed in commerce;
                            ``(v) the quantity of asbestos, and the 
                        quantity and concentration of asbestos in any 
                        mixture or article containing asbestos, that is 
                        manufactured, processed, or distributed in 
                        commerce, or expected to be manufactured, 
                        processed, or distributed in commerce, by the 
                        person during the reporting period;
                            ``(vi) reasonable estimates of the quantity 
                        of asbestos to be disposed of as a result of 
                        the reported manufacture, processing, or 
                        distribution activities, and the manner of the 
                        disposal; and
                            ``(vii) reasonable estimates of--
                                    ``(I) the number of individuals 
                                who, as a result of the reported 
                                manufacture, processing, and 
                                distribution activities--
                                            ``(aa) have been exposed to 
                                        asbestos or mixtures or 
                                        articles containing asbestos; 
                                        and
                                            ``(bb) will be so exposed; 
                                        and
                                    ``(II) the nature, duration, 
                                frequency, and levels of any exposure 
                                described in subclause (I).
                    ``(C) Reporting period.--For purposes of 
                subparagraph (B), the reporting period for a report 
                submitted under--
                            ``(i) subparagraph (A)(i) shall be the 3-
                        year period preceding the date of enactment of 
                        this subsection;
                            ``(ii) subparagraph (A)(ii) shall be the 
                        period that begins on the date of enactment of 
                        this subsection and ends on the date on which 
                        the prohibition under paragraph (2) takes 
                        effect;
                            ``(iii) subparagraph (A)(iii)(I) shall be 
                        the period that begins on the date on which an 
                        exemption is granted under paragraph (3) and 
                        ends on the date on which that exemption 
                        expires (not including any extension of that 
                        exemption); and
                            ``(iv) subparagraph (A)(iii)(II) shall be 
                        the period that begins on the date on which an 
                        exemption is extended under paragraph 
                        (3)(B)(ii) and ends on the date on which that 
                        extension expires.
                    ``(D) Reporting forms and instructions.--Not later 
                than 30 days after the date of enactment of this 
                subsection, the Administrator shall publish a notice in 
                the Federal Register that provides instructions for 
                reporting under this paragraph and a form or forms for 
                use by persons submitting reports under this paragraph.
                    ``(E) Availability.--Not later than 90 days after 
                the date on which a report is submitted under 
                subparagraph (A), the Administrator shall make that 
                report available to the public.
                    ``(F) Summary and analysis.--Not later than 180 
                days after the date on which a report is submitted 
                under subparagraph (A), the Administrator shall make 
                available to the public a summary and analysis of the 
                information that report contains.''.

SEC. 3. LEGACY ASBESTOS: REPORT AND RECOMMENDATIONS.

    (a) Definition of Asbestos.--In this section, the term ``asbestos'' 
means--
            (1) the asbestiform varieties of chrysotile, actinolite, 
        amosite, anthophyllite, crocidolite, richterite, winchite, and 
        tremolite; and
            (2) the nonasbestiform varieties of richterite and 
        winchite.
    (b) Report.--Not later than 540 days after the date of enactment of 
this Act, the Administrator of the Environmental Protection Agency, in 
consultation with the Secretary of Health and Human Services and the 
Secretary of Labor, shall prepare and submit to Congress a report 
assessing--
            (1) the presence of asbestos in residential, commercial, 
        industrial, public, and school buildings; and
            (2) the extent of exposure and risk to human health 
        associated with the asbestos present in those buildings from 
        all commercial, industrial, and consumer activities that may 
        result in asbestos exposure.
    (c) Contents.--The report required under subsection (b) shall--
            (1) be based on the best available information, and 
        information that can feasibly be obtained through surveys or 
        other means; and
            (2) provide the following:
                    (A) An estimate of the number of residential, 
                commercial, industrial, public, and school buildings 
                where asbestos is present.
                    (B) An estimate of the quantity of asbestos in 
                those buildings and the portion of that asbestos that 
                is friable.
                    (C) A description of the types of building 
                components and systems containing asbestos in those 
                buildings and the categories of mixtures and articles 
                containing asbestos that are present, such as thermal 
                insulation, roofing materials, asbestos cement pipe, 
                and asbestos cement sheet.
                    (D) For each category of building, an estimate of 
                the number of people potentially exposed to asbestos, 
                the conditions and activities with the greatest 
                potential for exposure, and estimates of the levels of 
                exposure.
                    (E) A description of the role of handling, 
                maintenance, and construction practices in creating 
                exposure to asbestos and the impact of building aging 
                on the potential for asbestos exposure.
                    (F) An estimate of the quantity of asbestos waste 
                generated from building renovation, repair, and 
                demolition for each of the 5 calendar years preceding 
                the date of submission of the report, and the 
                procedures that are used for the handling, transport, 
                and disposal of that waste.
    (d) Recommendations.--
            (1) In general.--The report submitted under subsection (b) 
        shall contain--
                    (A) an assessment of the sufficiency of existing 
                statutes, regulations, policies, and programs 
                implemented by the Environmental Protection Agency, the 
                Department of Labor, and other agencies in protecting 
                against exposures to legacy asbestos; and
                    (B) recommendations for modifications or additions 
                to those statutes, regulations, policies, and programs 
                as necessary to reduce or eliminate risks to human 
                health.
            (2) Inclusions.--Recommendations under paragraph (1)(B) may 
        include recommendations for new, additional, or modified 
        regulations, policies, or programs for--
                    (A) the inspection of buildings to determine the 
                presence and condition of asbestos;
                    (B) inventorying the presence and condition of 
                asbestos in buildings;
                    (C) removal of asbestos from buildings;
                    (D) handling asbestos during building maintenance, 
                repair, demolition, and other commercial and industrial 
                activities with the potential for asbestos exposure; 
                and
                    (E) disposal of asbestos-containing waste and 
                debris.
    (e) Effect on Existing Law.--Compliance with this section shall not 
relieve the Administrator of the Environmental Protection Agency, the 
Secretary of Health and Human Services, or the Secretary of Labor of 
any other obligation arising under this Act (or an amendment made by 
this Act) or any other law.
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