69–010 

Footnotes appear at end of section. 

Calendar No. 321 

110TH CONGRESS REPORT " ! SENATE 1st Session 110–189 

BAN ASBESTOS IN AMERICA ACT OF 2007 

OCTOBER 3, 2007.—Ordered to be printed 

Mrs. BOXER, from the Committee on Environment and Public 

Works, submitted the following 

R E P O R T 

[To accompany S. 742] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Environment and Public Works, to which was 

referred the bill (S. 742) to amend the Toxic Substances Control 

Act to reduce the health risks posed by asbestos-containing products, and for other purposes, having considered the same, reports 

favorably thereon with an amendment in the nature of a substitute 

and recommends the bill, as amended, do pass. 

PURPOSE AND SUMMARY OF THE LEGISLATION

The purpose of S. 742 is to prohibit the importation, manufacturing, processing and distribution of asbestos-containing material 

and products having asbestos-containing material. The bill also expands research efforts on asbestos-related diseases and establishes 

a public education campaign to inform Americans about the dangers of asbestos exposure. 

BACKGROUND AND NEED FOR LEGISLATION

MINERAL FORMS OF ASBESTOS

Asbestos is a commercial name given to six minerals—amosite, 

crocidolite, tremolite, actinolite, anthophyllite, and chrysotile.1 In 

traditional mineralogy, asbestos is a commercial term that describes a variety of certain silicates belonging to the serpentine and 

amphibole mineral groups, which have crystallized in the 

asbestiform habit into bundles of fibers causing them to be easily 


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separated into long, very thin, flexible, heat resistant, strong parallel fibers when crushed or processed. When commercial asbestos 

products are handled, the measurement of asbestos in both the 

bulk material and in the air is relatively simple and straightforward. In the natural environment, however, where both 

asbestiform and non-asbestiform varieties of these minerals can 

occur simultaneously, these analyses are quite complex and challenging. The methodology study (Section 222(b)) to be conducted 

will serve to inform those analyzing these complex samples, so that 

the properties of asbestos can be more accurately determined and 

distinguished from those properties of elongated particles that are 

not asbestos. Amphibole fibers—which include actinolite asbestos, 

tremolite asbestos, anthophyllite asbestos, crocidolite and 

amosite—are generally brittle and often have a rod- or needle-like 

shape, whereas chrysotile fibers are flexible and curved.2 Some federal agencies regulate these same minerals in the nonfibrous form 

under particulate matter standards. Substances, including building 

stone,3 talc,4 and vermiculite 5 may contain these minerals, including asbestos. 

HEALTH EFFECTS OF ASBESTOS

All forms of asbestos are hazardous and all can cause cancer, but 

amphibole forms of asbestos are considered by some to be somewhat more hazardous to health than chrysotile. Asbestos can also 

cause a non-cancerous lung scarring and asbestosis.6 The incidence 

of disease generally depends on fiber type and size and the extent 

and duration of exposure.7

Exposure 

Asbestos materials have a tendency to separate into microscopic 

fibers or fibrils that can be suspended in the air for days and easily 

inhaled. Fibers can become suspended when asbestos-containing 

materials break down in natural deposits. Fibers can also become 

suspended during manufacturing or when products having asbestos-containing material degrade or undergo maintenance.8

Small asbestos fibers are inhaled deep into the lungs and can 

trigger cells deaths. The body’s cells can envelop asbestos fibers 

from the lungs, but the great majority of fibers in the lung remain 

uncoated. Once enveloped by a cell, the body may form lung scarring, clear the material or transported it to another area in the 

body.9

According to EPA, between 1940 and 1980, an estimated 27 million American workers had an occupational exposure to asbestos 

that could result in health effects.10 Today, an estimated 1.3 million employees in construction and general industry still face significant asbestos exposure on the job.11 Family members and others can be exposed to asbestos that is carried home or to other locations than the workplace.12 People can also be exposed to asbestos 

if the substance exists in structures and airborne asbestos dust has 

an exposure route, including demolition, remolding, or fires.13

Cancer 

Domestic and international public health organizations recognize 

that asbestos causes cancer, including the Environmental Protection Agency,14 Occupational Safety and Health Administration,15


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National Institutes of Health,16 Centers for Disease Control,17 and 

the International Agency for Research on Cancer,18 which is part 

of the World Health Organization. 

Two types of cancer are most prominently associated with asbestos: lung cancer and mesothelioma.19 Mesothelioma is a rare form 

of cancer associated with asbestos exposure. The symptoms of lung 

cancers may take 40 years to develop.20 According the NIOSH, 

there were roughly 2,500 work-related mesothelioma deaths each 

year between 1999 and 2002.21

Non-Cancer Health Impacts 

Non-cancer health impacts include asbestosis, pleural plaques, 

and thickening and effusions in the lungs, which can cause 

coughing, shortness of breath, scarring of lung tissue, reduced oxygen levels and death.22 Work-related asbestosis deaths recorded 

among US residents age 15 and over have increased from fewer 

than 100 in 1968 to more than 1,250 annually in 1999.23 According 

to NIOSH, over a 10-year period from 1990 to 1999, there were 

more than 10,000 work-related asbestosis deaths, and annual asbestosis deaths increased by one-third.24

USES OF ASBESTOS 25

In 2005, world production of asbestos was 2.40 million metric 

tons, an increase from 2.36 million metric tons in 2004. Russia led 

the world in asbestos production, followed by China, Kazakhstan, 

Canada, Brazil, and Zimbabwe. 

Asbestos has not been mined in the United States since 2002, 

and imports, mostly from Canada (88 percent), satisfy domestic 

manufacturing needs. In the United States, asbestos has been used 

in about 3,000 different products. The United States used about 

2,530 metric tons of asbestos in 2005. Roofing products accounted 

for 55 percent of this use, coating and compounds about 26 percent, 

other uses about 19 percent, and electrical insulation less than 1 

percent. In 2005, the United States also imported a number of 

products that contained asbestos or that could contain asbestos, including cement and cement panels, sheets, and tiles; fabric, including yarn, thread, cord, and string; gaskets, packing material, and 

seals; and aircraft parts. 

The United States exports and reexports asbestos and asbestos 

products. The main products include brake lining and disk brake 

pads, cement panels, sheets, tiles, and tubes, clutch facings and linings, fiber products, gaskets, packing and seals, and paper and 

millboard. 

STANDARDS AND RECOMMENDATIONS TO REDUCE EXPOSURE TO

ASBESTOS

A number of federal agencies and international organizations 

have developed standards or recommendations for reducing exposure to asbestos. 

The National Institutes for Occupational Safety and Health 

(NIOSH) 26

For asbestos fibers greater than 5 micrometers in length, NIOSH 

has a Recommended Exposure Limit of 100,000 fibers per cubic 

meter of air, which is equal to 0.1 fibers per cubic centimeter of air. 


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NIOSH defines airborne asbestos fibers as having (1) an aspect 

ratio (i.e. length to width ratio) of 3 to 1 or greater, and (2) the 

mineralogical characteristics (i.e. the crystal structure and elemental composition) of asbestos minerals and nonasbestiform substances. 

NIOSH defines asbestos minerals as chrysotile, crocidolite, 

amosite, anthophyllite, tremolite, and actinolite. Airborne cleavage 

fragments from the nonasbestiform types of the serpentine minerals antigorite and lizardite, and the amphibole minerals contained in the series cummingtonite-grunerite, tremoliteferroactinolite, and glaucophane-riebeckite also count as fibers provided they meet the criteria for a fiber when viewed microscopically. 

According to NIOSH, worker deaths from noncancerous lung disease can occur at levels of exposure to asbestos below the levels allowed by the Occupational Safety and Health Administration as of 

the date of enactment of this Act.27

Environmental Protection Agency (EPA) 

Toxic Substances Control Act (TSCA) 28

In 1989 EPA tried to ban or phase out various uses of asbestos 

under TSCA, but a 1991 court decision overturned much of EPA’s 

action. Six asbestos products are still banned: (1) Corrugated 

paper, (2) Rollboard, (3) Commercial Paper, (4) Specialty Paper, (5) 

Flooring Felt, and (6) New Uses of Asbestos. Based on EPA’s failure to follow statutory and administrative procedures, the court 

overturned EPA actions to ban or phase out the following products: 

asbestos-cement corrugated sheet, asbestos-cement flat sheet, asbestos clothing, pipeline wrap, roofing felt, vinyl-asbestos floor tile, 

asbestos-cement shingle, millboard, asbestos-cement pipe, automatic transmission components, clutch facings, friction materials, 

disc brake pads, drum brake linings, brake blocks, gaskets, nonroofing coatings, and roof coatings. However, additional scientific 

evidence demonstrates an ongoing threat from asbestos exposure,29

and manufacturers have decreased or eliminated their use of asbestos in such products over the past 15 years.30

Clean Air Act 

EPA regulates asbestos in two ways under the Clean Air Act, 

with spray-on applications of material that contain asbestos and in 

demolishing and renovating certain structures that have asbestoscontaining material inside. 

EPA regulates the use of asbestos in spray-on applications of materials that contain more than 1 percent asbestos in buildings, 

structures, pipes, and conduits, unless the material is encapsulated 

during the spraying and the materials do not easily crumble after 

drying. EPA still allows spray-on applications of material containing more than one percent of asbestos on equipment and machinery, if the asbestos fibers in the materials are encapsulated 

during spraying and the materials do not easily crumble after drying.31 EPA acknowledges that the one percent threshold still could 

present a public health threat.32

EPA’s regulation of demolition and renovation activities applies 

to residential buildings with four or more living units, commercial, 


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institutional, industrial, or public buildings, ships and other structures that contain certain threshold amounts of asbestos-regulated 

material. Public notice must be given prior to beginning work and 

certain exposure mitigation steps must be taken during the work 

and with transportation and disposal of the material.33

Occupational Safety and Health Administration (OSHA) 34

OSHA has a Permissible Exposure Limit (PEL) with two parts: 

(1) Time Weighted Average—requires employers to ensure that no 

employee is exposed to an airborne concentration of asbestos in excess of 0.1 fibers per cubic centimeter of air as an 8-hour timeweighted average. OSHA acknowledges that significant risk remains with its PEL. However, OSHA did not set a lower PEL because OSHA determined that lower asbestos levels cannot be reliably measured at the time and because additional steps, such as 

wetting down material, could further reduce exposures. 

OSHA also set an Excursion Limit that requires employers to ensure that no employee is exposed to an airborne concentration of 

asbestos in excess of 1.0 fiber per cubic centimeter of air as averaged over a 30 minute sampling period. 

OSHA and MSHA did not accept the NIOSH position to regulate 

nonasbestiform minerals in its asbestos standard. 

Mine Safety and Health Administration (MSHA) 

In 2002, MSHA issued an advanced notice of proposed rulemaking to revise their existing health standards for asbestos exposure at metal and nonmetal mines, surface coal mines, and surface 

areas of underground coal mines. The proposed rule would reduce 

the permissible exposure limit to make it consistent with OSHA’s 

rulemaking. 

INTERNATIONAL BANS ON THE USE OF ASBESTOS 35

According to the World Health Organization, more than 40 countries—including all members of the European Union—have banned 

asbestos, with some exceptions for certain uses. 

FOOTNOTES

1 NIOSH, Asbestos, Available at: www.cdc.gov/niosh/topics/asbestos. 

2 ATSDR, Toxicological Profile for Asbestos (2001). 

3 NIOSH, Occupational Respiratory Disease Surveillance, available at: http://www.cdc.gov/ 

niosh/topics/surveillance/ORDS/NationalStatistics/Highlights/table01–08(A09).html, and ATSDR, 

Asbestos, Available at: http://www.cdc.gov/niosh/topics/surveillance/ORDS/NationalStatistics/ 

Highlights/table01–08(A09).html. 4 ATSDR, Toxicological Profile for Asbestos (2001). 

5 EPA, Asbestos and Vermiculite, Available at: http://www.epa.gov/asbestos/. 

6 ATSDR, Toxicological Profile for Asbestos (2001). 

7World Health Organization, Elimination of Asbestos-Related Diseases, Available at: 

www.who.int/entity/occupationallhealth/publications/asbestosrelateddiseases.pdf. 8 ATSDR, Toxicological Profile for Asbestos (2001) and ATSDR, Questions and Answers, Exposure to Asbestos, Available at: www.atsdr.cdc.gov/NEWS/asbestosexposure2.html. 9 ATSDR, Toxicological Profile for Asbestos (2001) and American Thoracic Society, Diagnosis 

and Initial Management of Nonmalignant Diseases Related to Asbestos (2004), Available at: 

http://www.thoracic.org/sections/publications/statements/pages/eoh/asbestos.html. 10 EPA, Asbestos, The Asbestos Informer, Available at: www.epa.gov/region4/air/asbestos/inform.htm. 11OSHA, Safety and Health Topics, Asbestos, Available at: www.osha.gov/SLTC/asbestos/. 12 ATSDR, Asbestos, ToxFAQs, ATSDR, Toxicological Profile for Asbestos (2001), and EPA, 

Preventing Asbestos Exposure Among Brake and Clutch Repair Workers (2007). 13 EPA, The Asbestos Informer, Available at: http://www.epa.gov/region4/air/asbestos/inform.htm, ATSDR, Asbestos, ToxFAQs and ATSDR, Toxicological Profile for Asbestos (2001). 14 EPA, Asbestos and Vermiculite, Asbestos in Your Home, Available at: http://www.epa.gov/ 

asbestos/pubs/ashome.html. 


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15OSHA Asbestos Regulation, 29 C.F.R. 1910.1001(j)(3)(ii)(A). 16 National Cancer Institute, U.S. National Institutes of Health, National Cancer Institute 

Factsheet. 17 ATSDR, Asbestos, ToxFAQs. 18World Health Organization, International Agency for Research on Cancer, IARC Mongraphs 

on the Evaluation of Carcinogenic Risks to Humans, Supplement 7. 19 ATSDR, Asbestos, ToxFAQs. 20 National Cancer Institute, U.S. National Institutes of Health, National Cancer Institute 

Factsheet. 21 NIOSH, Work-Related Lung Disease (eWoRld) Surveillance System, Available at: http:// 

www2.cdc.gov/drds/WorldReportData/. 22 National Cancer Institute, U.S. National Institutes of Health, National Cancer Institute 

Factsheet and ATSDR, Questions and Answers, Exposure to Asbestos, Available at: 

www.atsdr.cdc.gov/NEWS/asbestosexposure2.html. 23 NIOSH, Work-Related Lung Disease (eWoRld) Surveillance System, Available at: http:// 

www2.cdc.gov/drds/WorldReportData/. 24 NIOSH, Work-Related Lung Disease (eWoRld) Surveillance System, Available at: http:// 

www2.cdc.gov/drds/WorldReportData/. 25 USGS, 2005 Minerals Yearbook: Asbestos. 26 NIOSH, Comments of the National Institute for Occupational Safety and Health on the 

Mine Safety and Health Administration Advanced Notice of Proposed Rulemaking on Measuring 

and Controlling Asbestos Exposure (2002). 27David N. Weissman Director, Division of Respiratory Disease Studies, National Institute for 

Occupational Safety and Health, Centers for Disease Control and Prevention, U.S. Department 

of Health and Human Services, Testimony before the U.S. Senate Committee on Environment 

and Public Works, Available at http://www.hhs.gov/asl/testify/2007/06/t20070612c.html. 28 EPA, EPA Asbestos Materials Bans: Clarification (1999), Available at: http://www.epa.gov/ 

asbestos/pubs/asbbans2.pdf and EPA, Obtaining Information on Asbestos, Available at: http:// 

www.epa.gov/asbestos/pubs/inforev.pdf 29 NIOSH, Work-Related Lung Disease (eWoRld) Surveillance System, Available at: http:// 

www2.cdc.gov/drds/WorldReportData/, NIOSH, Comments of the National Institute for Occupational Safety and Health on the Mine Safety and Health Administration Advanced Notice of Proposed Rulemaking on Measuring and Controlling Asbestos Exposure (2002), World Health Organization, Elimination of Asbestos-Related Diseases, Available at: www.who.int/entity/occupationallhealth/publications/asbestosrelateddiseases.pdf. 30 USGS, Mineral Yearbooks, Available at: http://minerals.usgs.gov/minerals/pubs/commodity/ 

asbestos/. 31 EPA, EPA Asbestos Materials Bans: Clarification (1999), Available at: http://www.epa.gov/ 

asbestos/pubs/asbbans2.pdf. 32 EPA, addressing Asbestos at Superfund Sites, Available at: http://www.epa.gov/superfund/ 

programs/asbestos/index.htm and GAO, Hazardous Materials, EPA’s Cleanup of Asbestos in 

Libby, Montana, and Related Actions to Address Asbestos Contaminated Material (2003). 33 EPA, Common Questions on the Asbestos NESHAP, Available at: http://www.epa.gov/ 

region4/air/asbestos/asbqa.htm. 34OSHA Asbestos Regulation, 29 C.F.R. 1910.1001(b)-(c) and OSHA, Correspondence from 

Charles Jeffress, Assistant Secretary of OSHA to William Dyson (1999), Available at: http:// 

www.osha.gov/pls/oshaweb/ 

owadisp.showldocument?pltable=INTERPRETATIONS&plid=22770. 35World Health Organization, WHO Calls for Prevention of Cancer Through Healthy Workplaces, Available at: www.who.int/mediacentre/news/notes/2007/np19/en/index.html. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

This section sets forth the short title of the bill as the ‘‘Ban Asbestos in America Act of 2007.’’

Section 2. Findings 

Summary: This section of the bill includes 20 findings regarding 

the importance of the ban on products having asbestos-containing 

materials, increased research, and an expanded effort to educate 

Americans about the effects of asbestos exposure. 

Section 3. Asbestos-containing products 

Section 3. Subtitle A—General Provisions 

Summary: This section provides the technical changes to TSCA 

regarding the list of materials. 


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Section 3. Subtitle B—Asbestos-Containing Products 

Summary: This section of the bill amends the Toxic Substances 

Control Act in several ways. First, it establishes new definitions, 

limited to this Subtitle, including ‘‘asbestos-containing product;’’

‘‘elongated mineral particle;’’ and ‘‘biopersistent elongated mineral 

particle.’’

Second, it outlines new studies to be conducted by the National 

Institute of Occupational Safety and Health (NIOSH), in consultation with the National Academies of Science, US Geological Survey, 

and the Environmental Protection Agency, and appropriate Federal 

entities—a current state of the science study, a mode of action and 

health effects study, and a methodology study. This section also establishes a testing and public right-to-know program, which is also 

intended to facilitate enforcement. This section also requires an asbestos public education program. 

Third, this section requires the issuance of proposed and final 

regulations that prohibit the importation, manufacturing, processing, or distributing in commerce of asbestos-containing materials by the Environmental Protection Agency (EPA), and notes the 

conditions for limited exemptions including certain government 

uses, and diaphragms for existing electrolysis installations. The 

terms and conditions for exemptions are also established. In addition, this section outlines the requirements for disposing of materials prohibited under this bill. 

Finally, this section authorizes appropriations in such sums as 

necessary to carry out the provisions. 

Discussion—Definitions: The Committee intends that the definition of ‘‘elongated mineral particle’’ include, but not be limited to, 

asbestos and ‘‘biopersistent elongated mineral particles’’, acknowledging that an ‘‘elongated mineral particle’’ may or may not be asbestos or biopersistent, and may or may not present the same 

health risks as asbestos. 

The Committee recognizes that the term ‘‘nonasbestiform minerals’’ is used throughout the study section of the bill, but the term 

is not defined. For purposes of this section of the bill, the term 

‘‘nonasbestiform minerals’’ refers to those minerals in the nonasbestiform varieties of chrysotile, amosite, crocidolite, 

anthophyllite, tremolite, actinolite, winchite, richterite, erionite and 

the nonasbestiform varieties of other amphiboles. 

It has come to the Committee’s attention that the definition of 

‘‘elongated mineral particle’’ in the bill could be construed to include synthetic polycrystalline fibers. The Committee does not intend this result. Synthetic fibers subject to human production and 

control are not included within the study at this time. 

Studies: With respect to the NIOSH studies, both the current 

state of the science study and the mode of action and health effects 

study, the Committee intends for NIOSH to examine and generate 

scientific evidence to guide the development of regulations that will 

distinguish those materials that may from those that do not cause 

asbestos-related diseases. 

Both the description of the means by which to ‘‘identify, distinguish, and measure’’ such minerals and recommendations for controls to protect human health shall reflect the potential health 

risks found in occupational, recreational, residential, and other setVerDate Aug 31 2005 06:19 Oct 04, 2007 Jkt 069010 PO 00000 Frm 00007 Fmt 6659 Sfmt 6602 E:\HR\OC\SR189.XXX SR189

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tings that are based on exposure patterns that people may encounter. 

The Committee intends the term ‘‘consultation’’ to mean that 

NIOSH should seek those organizations’ expertise throughout the 

research work, and seeking comments prior to NIOSH’s submission 

for publication. 

The Committee notes that Section 222 of the bill references a 

number of organizations, including the U.S. EPA, U.S. Geological 

Survey, the National Academy of Sciences, and appropriate federal 

entities. Other appropriate federal entities may include, but is not 

limited to, the National Institutes of Health, the National Cancer 

Institute and the National Institute of Environmental Health 

Sciences and others, that have been involved in mesothelioma and 

asbestos-related disease research. The Committee wishes to emphasize the importance of focusing consultation activities with agencies 

that have significant experience in researching and addressing the 

health effects of asbestos-related diseases. 

Public Education Program: The Committee believes that federal 

government has a responsibility to increase public awareness about 

the dangers of asbestos-containing materials and the harmful effects of asbestos exposure in the workplace, home, natural disasters, building demolishment, environment and other locations. In 

addition to the larger public education campaign, this information 

should be provided directly to asbestos-related disease patients, 

family members, and healthcare professionals. The Committee expects that this information will be comprehensive, timely and accurate. The Committee also encourages state and local governments 

to participate in this national public education campaign by sharing information with customers through state agencies. 

Section 3. Subtitle C—Prohibition on Asbestos-Containing 

Materials 

Summary: This section includes the prohibition of asbestos-containing materials, provisions for conditional exemptions to this prohibition and includes a definition for distribute in commerce. 

Discussion: The prohibition in Section 232(a) applies only to asbestos-containing materials, which is a term defined in the Toxic 

Substances Control Act (TSCA) to mean ‘‘any material which contains more than 1 percent asbestos by weight.’’

The exemption for existing electrolysis installations in Section 

232(b)(4) applies to any installation (facility or plant) which uses 

asbestos diaphragms and meets the other requirements of the exemption. This exemption allows the importation, manufacturing, 

processing, and distribution in commerce of asbestos to be used to 

manufacture asbestos diaphragms, and the importation, manufacturing, processing, and distribution in commerce of asbestos diaphragms, so long as the diaphragms are intended for use in existing electrolysis installations meeting the requirements of the exemption. The Administrator must authorize these activities 

through regulations adopted under Section 232(a). 

The Administrator’s review of an exemption under Section 

232(b)(4)(B) will be on an installation-by-installation basis. The exemption will continue to apply unless the Administrator determines under Section 232(b)(4)(C) that the use of asbestos diaphragms in the installation poses an unreasonable risk to health 


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or the environment. This is a standard used in Subchapter I of the 

Toxic Substances Control Act. The Administrator’s review of exemptions shall consider the factors listed in Section 6(c)(1)(A)–(D) 

of TSCA, using information that should include a consideration of 

the latest scientific findings on heath effects and technological considerations, and other appropriate guidance on relevant issues. 

This section also includes a public right-to-know and compliance 

testing program. Right to know programs can be an effective way 

to inform the public about potential health threats, encourage additional business scrutiny of their practices, and facilitate government enforcement efforts. The Committee expects that EPA’s annual testing program shall be comprehensive including both qualitative and quantitative information on a diversity of products—produced domestically and internationally—which reflect the full 

range of products having asbestos-containing materials. Testing 

shall use the latest detection technologies to ensure that our ability 

to identify and eliminate the use of products having asbestos-containing materials is enhanced by scientific advances. The Administrator should consider using multiple, independent laboratories to 

cross test products and to perform quality assurance and quality 

control activities. Compliance testing outlined in Section 232(d) 

shall not apply to the exemptions outlined in Section 232(b). The 

Administrator should widely distribute the annual report to the 

public and incorporate the report’s findings into the bill’s public 

education campaign and the Agency’s enforcement efforts. 

Section 4. Asbestos-Related Diseases 

Summary: This section of the bill amends the Public Health 

Service Act by requiring the Centers for Disease Control and Prevention (CDC), NIOSH and the Agency for Toxic Substances and 

Disease Registry to establish an asbestos-related disease registry, 

and by requiring the National Institutes of Health (NIH) to establish an asbestos-related disease research treatment network (‘‘Network’’). 

Data collected through the registry will serve as the foundation 

for a research clearinghouse on asbestos-related diseases, with a 

particular emphasis on mesothelioma. 

The ‘‘Network’’ will support the detection, prevention, treatment, 

and cure of asbestos-related diseases, with particular emphasis on 

malignant mesothelioma, and must include at least 10 extramural 

centers. The extramural centers, chosen by the director of NIH 

after competitive peer review, can include nonprofit hospitals, universities, or medical or research institutions. The director is required to provide a $1,000,000 for each center in the Network. The 

Network is authorized for four fiscal years (2008–2012). 

This section requires the Secretary of Labor, through the United 

States Army Medical Research and Material Command, to support 

research on mesothelioma and other asbestos-related diseases that 

are relevant to the health of members and veterans of the Armed 

Forces. 

Finally, this section authorizes appropriations in such sums as 

necessary to carry out the research provisions and authorizes 

$10,000,000 for each of the fiscal years 2008–2012 for the treatment networks. 


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Discussion: Asbestos-Related Disease Registry: The Committee 

strongly urges the CDC to use the data of the disease registry to 

enhance studies of occupational respiratory disease mortality 

among workers, to help accurately assess residential and other asbestos-related disease risks, and to better characterize the magnitude of mesothelioma and other asbestos-related diseases in the 

United States. 

Treatment Networks: The Committee encourages the Director of 

NIH to seek collaboration between the National Cancer Institute 

(NCI), particularly the NCI’s Cooperative Oncology Groups and 

Community Clinical Oncology Program, and the National Institute 

for Environmental Health Sciences in the establishment of an asbestos-related disease research and treatment network focused particularly on mesothelioma. This collaboration should also extend to 

investigators directing NIOSH’s National Virtual Mesothelioma 

Registry and Tissue Bank. The network is an opportunity for mesothelioma medical experts to expand treatment options and benefits 

to patients in a clinical setting and for basic scientists including 

young investigators to obtain better understanding of the mesothelioma cell and the carcinogenic pathology of asbestos in order to develop new, more effective treatments. 

Department of Defense Research: Because of the substantial number of veterans who were exposed to asbestos, particularly during 

the Second World War, research attention on the health impacts of 

such asbestos exposure is clearly warranted. These military personnel provided the national defense during a critical period in our 

history. Committee expects the Secretary to work closely with the 

Department of Defense, NIH, and NIOSH to support research on 

asbestos-related diseases, particularly mesothelioma, including an 

outline of an aggressive research agenda that has ‘‘clear scientific 

value and direct relevance to the health of members and veterans 

of the Armed Forces.’’

LEGISLATIVE HISTORY, COMMITTEE VIEW AND VOTES

Senator Murray began her efforts to ban asbestos nearly six 

years ago. She held her first hearing on asbestos in 2001. In 2002, 

she introduced the Ban Asbestos in America Act with four co-sponsors. With 14 co-sponsors, she re-introduced the bill on May 22, 

2003. Senator Murray re-introduced the Ban Asbestos in America 

Act of 2007 on March 1, which was received, read twice and referred to the Committee on Environment and Public Works. 

HEARINGS

On March 2, 2007, the Senate Health, Education, Labor, and 

Pensions Subcommittee on Employment and Workplace Safety held 

a hearing to examine the harmful effects of asbestos exposure. 

ROLLCALL VOTES

The Committee on the Environment and Public Works unanimously (19–0) passed a substitute amendment bill out of Committee on July 31, 2007. With 20 co-sponsors, the bill was placed 

on the Senate Legislative Calendar under general orders on August 

2, 2007 (No. 321). 


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REGULATORY IMPACT STATEMENT

The committee finds that a number of different businesses may 

be impacted by this bill, including producers of brake pads and linings, roofing materials, and cement that contain banned substances. However, existing information demonstrates that substitutes with comparable costs are generally available and the bill 

also contains an exemption process for critical uses. The economic 

impact of this bill on the private sector is anticipated to be $131 

million in 2007. There is no anticipated impact on personal privacy. 

MANDATES ASSESSMENT

In compliance with the Unfunded Mandates Reform Act of 1995 

(Public Law 104–4), the committee finds that S. 742 contains both 

intergovernmental and private-sector unfunded mandates, as defined in UMRA. The cost of complying with these mandates, however, is not expected to exceed the annual thresholds established 

under UMRA. 

COSTS OF LEGISLATION

Section 403 of the Congressional Budget and Impoundments 

Control Act requires a statement of the cost of the reported bill, 

prepared by the Congressional Budget Office, be included in the report. 

DEAR MADAM CHAIRMAN: The Congressional Budget Office has 

prepared the enclosed cost estimate for S. 742, the Ban Asbestos 

in America Act of 2007. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contacts are Susanne S. Mehlman 

and Sarah Evans. 

Sincerely, 

PETER R. ORSZAG. 

Enclosure. 

S. 742—Ban Asbestos in America Act of 2007 

Summary: S. 742 would amend the Toxic Substances Control Act 

and the Public Health Service Act to require the Environmental 

Protection Agency (EPA) and agencies within the Department of 

Health and Human Services (HHS) to reduce the health risks 

posed by products containing asbestos. CBO estimates that implementing this legislation would cost $112 million over the 2008–

2012 period, assuming appropriation of the necessary amounts. Enacting the legislation would not affect direct spending or revenues. 

CBO estimates that under the bill, $35 million would be spent 

by EPA over the next five years to establish a public education program, issue regulations concerning asbestos use, and conduct tests 

on certain products to determine whether they contain asbestos. 

CBO estimates that $77 million would be spent by HHS agencies 

over the same period to prepare several studies related to asbestos 

and to support an asbestos-related diseases registry and a national 

clearinghouse on asbestos and health information. 

S. 742 contains both intergovernmental and private-sector mandates, as defined in the Unfunded Mandates Reform Act (UMRA), 

because it would prohibit importing, manufacturing, processing, or 


bajohnson on PROD1PC69 with REPORTS
12 

commercially distributing materials containing asbestos. Based on 

information from EPA and industry sources, CBO expects that the 

direct cost to comply with those mandates would not exceed the annual thresholds established in UMRA ($66 million for intergovernmental mandates and $131 million for private-sector mandates in 

2007, adjusted annually for inflation). 

Estimated costs to the Federal Government: The estimated budgetary impact of S. 742 is shown in the following table. The costs 

of this legislation fall within budget functions 300 (natural resources and environment) and 550 (health). 

By fiscal year, in millions of dollars— 

2008 2009 2010 2011 2012 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Toxic Substances Control Act Amendments: 

National Institute for Occupational Safety and Health Studies: 

Estimated Authorization Level .............................................................. 2 3 0 0 0 

Estimated Outlays ................................................................................. 1 2 2 0 0 

EPA Public Education Program: 

Estimated Authorization Level .............................................................. 2 2 2 2 2 

Estimated Outlays ................................................................................. 2 2 2 2 2 

EPA Prohibition on Asbestos-Containing Materials: 

Estimated Authorization Level .............................................................. 5 5 5 5 5 

Estimated Outlays ................................................................................. 5 5 5 5 5 

Public Health Service Act Amendments: 

HHS Research on Asbestos-Related Diseases: 

Estimated Authorization Level .............................................................. 6 8 7 7 7 

Estimated Outlays ................................................................................. 2 6 7 7 7 

Asbestos-Related Research and Treatment Network: 

Estimated Authorization Level .............................................................. 0 10 10 10 10 

Estimated Outlays ................................................................................. 0 3 8 10 10 

Department of Defense Research on Asbestos-Related Diseases: 

Estimated Authorization Level .............................................................. 0 4 4 4 4 

Estimated Outlays ................................................................................. 0 1 3 4 4 

Total Changes: 

Estimated Authorization Level ....................................................................... 15 32 28 28 28 

Estimated Outlays .......................................................................................... 10 19 27 28 28 

Basis of estimate: For this estimate, CBO assumes that S. 742 

will be enacted near the start of fiscal year 2008, that the necessary amounts will be appropriated each year, and that outlays 

will follow historical spending patterns for similar programs. 

Toxic Substances Control Act amendments 

National Institute for Occupational Safety and Health (NIOSH) 

Studies. Section 222 would authorize the appropriation of such 

sums as necessary for NIOSH to conduct several studies, including 

studies addressing the current state of science concerning the 

health effects and toxicological properties of nonabsetiform minerals and elongated mineral particles. Based on information from 

agency staff and the cost of similar activities, CBO estimates that 

NIOSH would need appropriations of $2 million in 2008 and $5 

million over the 2008–2012 period to perform those studies. Assuming appropriation of those amounts, CBO estimates that implementing section 222 would cost $1 million in 2008 and $5 million 

over the 2008–2012 period. 

EPA Public Education Program. Section 223 would require EPA 

to establish a program aimed at increasing public awareness of the 

dangers posed by asbestos-containing products in homes and workplaces. The program also would encourage those affected by asbesVerDate Aug 31 2005 06:19 Oct 04, 2007 Jkt 069010 PO 00000 Frm 00012 Fmt 6659 Sfmt 6602 E:\HR\OC\SR189.XXX SR189

bajohnson on PROD1PC69 with REPORTS
13 

tos and their families to participate in related research and treatment endeavors. The program would begin no later than one year 

following the bill’s enactment. 

Currently, EPA oversees a lead poisoning program, which involves coordinating with other agencies to run a hotline and provide various informational documents to the public. According to 

EPA, the public education program required under this legislation 

would be similar to the lead poisoning program, which costs about 

$2 million annually to operate. Thus, CBO estimates that EPA 

would need $2 million annually to oversee and administer this new 

program. 

Prohibition on Asbestos-Containing Materials. Under section 232, 

EPA would establish regulations prohibiting the importation, manufacture, processing, or distribution of products that contain asbestos. Requests for exemptions, including those sought by the Department of Defense and the National Aeronautics and Space Administration, would be considered by EPA. In addition, following the promulgation of regulations concerning asbestos use, EPA would conduct tests on certain products to determine whether those products 

contain asbestos. Based on information from EPA, CBO estimates 

that the agency would need $5 million a year for additional personnel, contractor support, and information technology support to 

perform those activities. 

Public Health Service Act amendments 

The bill would amend the Public Health Service (PHS) Act to require several HHS agencies to expand research and treatment activities related to conditions caused by exposure to asbestos. In particular, the bill would direct the National Institutes of Health 

(NIH), the Centers for Disease Control and Prevention (CDC), and 

the Agency for Toxic Substances and Disease Registry (ATSDR) to 

establish a registry to coordinate the collection from multiple 

sources of data and specimens related to asbestos. 

The bill also would modify title IV of the PHS Act to direct NIH 

to expand or initiate several programs to support research on and 

treatment of asbestos-related conditions. Current law authorizes 

the appropriation of a specific amount—$32.8 billion—for 2008 for 

activities under title IV of the PHS Act. Thus, legislation authorizing the appropriation for 2008 of funding for specific activities 

under title IV of the PHS Act would not change the overall authorization of appropriations for activities in that year, and would have 

no cost. Legislation authorizing the appropriation of specific 

amounts for activities under title IV for 2009 and subsequent years 

would affect estimated spending. (Current law authorizes the appropriation of such sums as are necessary for 2009, but there is no 

authorization of appropriations for activities under title IV after 

2009.) 

HHS Research on Asbestos-Related Diseases. S. 742 would require NIH, CDC, and ATSDR to establish a registry to support research related to asbestos. CBO compared the activities that would 

be required under the bill to those performed by the National Cancer Institute’s (NCI’s) Surveillance, Epidemiology, and End Results 

(SEER) program, which the NCI projects will cost $32 million in 

2007. CBO expects that the registry required by S. 742 would be 

smaller in scale than the SEER registry (primarily because asbesVerDate Aug 31 2005 06:19 Oct 04, 2007 Jkt 069010 PO 00000 Frm 00013 Fmt 6659 Sfmt 6602 E:\HR\OC\SR189.XXX SR189

bajohnson on PROD1PC69 with REPORTS
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tos-related diseases are less common than cancer), and would require the appropriation of $6 million for 2008 and $35 million over 

the 2008–2012 period. Assuming the appropriation of those 

amounts, CBO estimates that establishing the registry would cost 

$2 million in 2008 and $29 million over the 2008–2012 period. 

Asbestos-Related Disease Research and Treatment Network. The 

NIH currently supports several investigator-initiated research activities focused on asbestos and mesothelioma. In fiscal year 2006, 

the institutes that supported the most activities in these research 

areas—the National Cancer Institute and the National Institute for 

Environmental Health Sciences—spent $12 million on projects related to asbestos or mesothelioma. 

S. 742 would authorize the appropriation of $10 million a year 

for fiscal years 2008 through 2012 for the NIH to establish and 

maintain asbestos-related disease research and treatment centers. 

Based on historical spending patterns for similar activities, and assuming appropriation of the authorized amounts, CBO estimates 

those activities would cost $31 million over the 2009–2012 period. 

Department of Defense Research on Asbestos-Related Diseases. 

S. 742 would modify title IV of the PHS Act to authorize the appropriation of such sums as necessary for 2008 and subsequent fiscal 

years for the Secretary of HHS to support research on mesothelioma and other asbestos-related diseases that may affect the 

health of members and veterans of the armed forces. CBO estimates that implementing that provision would have no cost in 2008 

(because the bill would not affect total funding for activities under 

title IV of the PHS Act) and would cost $12 million over the 2009–

2012 period. 

Intergovernmental and private-sector impact: S. 742 contains 

both intergovernmental and private-sector mandates, as defined in 

UMRA, because it would prohibit importing, manufacturing, processing, or commercially distributing materials that contain asbestos. In addition, within two years of enactment, the bill would require the disposal of prohibited products left unsold or not otherwise in the possession of an end user. Many products used in the 

United States contain asbestos, including brake pads and linings, 

roofing materials, ceiling tiles, and cement. While there is limited 

information about the amount of such products imported or used 

commercially in the United States, according to EPA and industry 

sources, substitutes with comparable cost are generally available to 

replace those products that contain asbestos. Therefore, CBO expects that the costs to comply with the mandates would not exceed 

the annual thresholds established in UMRA ($66 million for intergovernmental mandates and $131 million for private-sector mandates in 2007, adjusted annually for inflation). 

In addition, S. 742 would create a $10 million grant program to 

assist nonprofit hospitals, universities, and research institutions in 

conducting research and providing treatment for asbestos-related 

diseases. Any costs those entities might incur, including matching 

funds, would be incurred voluntarily. 

Estimate prepared by: Federal Costs: Susanne S. Mehlman for 

EPA; Sarah Evans and Tim Gronniger for HHS; Impact on State, 

Local, and Tribal Governments: Neil Hood; Impact on the Private 

Sector: Paige Piper/Bach. 


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15 

Estimate approved by: Peter H. Fontaine, Assistant Director for 

Budget Analysis. 

CHANGES IN EXISTING LAW

In compliance with section 12 of rule XXVI of the Standing Rules 

of the Senate, changes in existing law made by the bill as reported 

are shown as follows: Existing law proposed to be omitted is enclosed in øblack brackets¿, new matter is printed in italic, existing 

law in which no change is proposed is shown in roman: 

* * * * * * * 

TOXIC SUBSTANCES CONTROL ACT 

* * * * * * * 

SEC. 1 

TABLE OF CONTENTS 

TITLE I—CONTROL OF TOXIC SUBSTANCES 

Sec. 1. Short title and table of contents. 

Sec. 2. * * * 

* * * * * * * 

TITLE II—ASBESTOS HAZARD EMERGENCY RESPONSE 

Subtitle A—General Provisions 

Sec. 201. Congressional findings and purpose. 

Sec. 216. Training grants. 

Subtitle B—Asbestos-Containing Products 

Sec. 221. Definitions. 

Sec. 222. National Institute for Occupational Safety and Health report and study. 

Sec. 223. Public education program. 

Subtitle C—Prohibition on Asbestos-Containing Materials 

Sec. 231. Prohibition on asbestos-containing materials. 

TITLE III—INDOOR RADON ABATEMENT 

Sec. 301. National goal. 

Sec. 302. * * * 

* * * * * * * 

TITLE IV—LEAD EXPOSURE REDUCTION 

Sec. 401. * * * 

* * * * * * * 

Sec. 412. Authorization of appropriations. 

SEC. 2. FINDINGS, POLICY, AND INTENT. 

(a) FINDINGS.—The Congress finds that—* * * 

* * * * * * * 

Subtitle A—General Provisions 

SEC. 201. CONGRESSIONAL FINDINGS AND PURPOSE. 

(a) FINDINGS.—* * * 

* * * * * * * 


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16 

SEC. 202. DEFINITIONS. 

For purposes of this title—

(1) ACCREDITED ASBESTOS CONTRACTOR.—The term ‘‘accredited asbestos contractor’’ means a person accredited pursuant 

to the provisions of section 206. 

(2) ADMINISTRATOR.—The term ‘‘Administrator’’ means the 

Administrator of the Environmental Protection Agency. 

(3) ASBESTOS.—The term ‘‘asbestos’’ means asbestiform varieties of—

(A) chrysotile (serpentine)ø,¿; 

(B) crocidolite (riebeckite)ø,¿; 

(C) amosite (cummingtonite-grunerite)ø,¿; 

(D) anthophylliteø,¿; 

(E) tremoliteø, or¿; 

(F) actinoliteø.¿; 

(G) any material formerly classified as tremolite, including—

(i) winchite asbestos; and 

(ii) richterite asbestos; and 

(H) any asbestiform amphibole mineral 

Subtitle B—Asbestos-Containing Products 

SEC. 221. DEFINITIONS. 

In this subtitle: 

(1) APPROPRIATE FEDERAL ENTITY.—The term ‘‘appropriate 

Federal entity’’ means any appropriate Federal entity, as determined by the Director, including—

(A) the Agency for Toxic Substances and Disease Registry; 

(B) the Department of Health and Human Services; 

(C) the Environmental Protection Agency; 

(D) the Mine Safety and Health Administration; 

(E) the National Institute of Standards and Technology; 

(F) the United States Geological Survey; 

(G) the National Institute of Environmental Health 

Sciences; 

(H) the National Institute for Occupational Safety and 

Health; and 

(I) the Occupational Health and Safety Administration. 

(2) ASBESTOS-CONTAINING PRODUCT.—The term ‘‘asbestos-containing product’’ means any product (including any part) to 

which asbestos is deliberately or knowingly added or in which 

asbestos is deliberately used or knowingly present in any concentration. 

(3) ELONGATED MINERAL PARTICLE.—The term ‘‘elongated 

mineral particle’’ means a single crystal or similarly elongated 

polycrystalline aggregate particle with a length to width ratio 

of 3 to 1 or greater. 

(4) BIOPERSISTENT ELONGATED MINERAL PARTICLE.—The term 

‘‘biopersistent elongated mineral particle’’ means an elongated 

mineral particle that—

(A) occurs naturally in the environment; and 

(B) is similar to asbestos in—


bajohnson on PROD1PC69 with REPORTS
17 

(i) resistance to dissolution; 

(ii) leaching; and 

(iii) other physical, chemical, or biological processes 

expected from contact with lung cells and other cells 

and fluids in the human body. 

(5) DIRECTOR.—The term ‘‘Director’’ means the Director of the 

National Institute for Occupational Safety and Health. 

(6) PERSON.—The term ‘‘person’’ means— (A) any individual; 

(B) any corporation, company, association, firm, partnership, joint venture, sole proprietorship, or other for-profit or 

nonprofit business entity (including any manufacturer, importer, distributor, or processor); 

(C) any Federal, State, or local department, agency, or 

instrumentality; and 

(D) any interstate body. 

SEC. 222. NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND 

HEALTH STUDIES. 

(a) STUDIES.— (1) CURRENT STATE OF SCIENCE STUDY.— (A) IN GENERAL.—The Director, in consultation with the 

United States Geological Survey, the Environmental Protection Agency, the National Academy of Sciences, and appropriate Federal entities, shall conduct a study and, not later 

than 1 year after the date of enactment of this subtitle, submit to the Administrator, the Committees on Environment 

and Public Works and Health, Education, Labor, and Pensions of the Senate, the Committees on Energy and Commerce and Education and Labor of the House of Representatives, and other Federal agencies a report containing— (i) a description of the current state of the science relating to—

(I) the disease mechanisms and health effects of 

exposure to non-asbestiform minerals and elongated mineral particles; and 

(II) methods for measuring and analyzing nonasbestiform minerals and elongated mineral particles; and 

(ii) recommendations for—

(I) future research relating to diseases caused by 

exposure to—

(aa) non-asbestiform minerals; and 

(bb) elongated mineral particles; 

(II) exposure assessment practice needs; 

(III) any new classification of naturally occurring elongated mineral particles; and 

(IV) 1 or more definitions and dimensions to be 

used for the quantification and risk assessment 

of—

(aa) non-asbestiform minerals; and 

(bb) elongated mineral particles. 

(B) COMPONENTS.—The report described in subparagraph 

(A) shall include—

(i) peer-reviewed published literature; 

(ii) regulatory decisions; and 


bajohnson on PROD1PC69 with REPORTS
18 

(iii) information obtained from the National Institute 

for Occupational Safety Asbestos Research Roadmap. 

(2) MODE OF ACTION AND HEALTH EFFECTS STUDY.— (A) IN GENERAL.—The Director, in consultation with the 

Environmental Protection Agency, the National Academy of 

Sciences, and appropriate Federal entities, shall conduct a 

study—

(i) to evaluate the known or potential mode of action 

and health effects of— (I) non-asbestiform minerals; and 

(II) elongated mineral particles; and 

(ii) to develop recommendations for a means by 

which to identify, distinguish, and measure any nonasbestiform mineral or elongated mineral particle 

that—(I) may cause any disease or health effect; or 

(II) does not cause any disease or health effect. 

(B) REPORT.—Not later than 18 months after the date of 

enactment of this subtitle, the Director shall submit to the 

Committees on Environment and Public Works and Health, 

Education, Labor, and Pensions of the Senate, and the 

Committees on Energy and Commerce and Education and 

Labor of the House of Representatives, a report containing—

(i) a description of the manner by which nonasbestiform minerals and elongated mineral particles 

possess the ability to remain biopersistent in the 

human body, with regard to the ability of nonasbestiform minerals and elongated mineral particles—

(I) to exhibit resistence to dissolution and leaching; and 

(II) to induce other physical, chemical, and biological processes as a result of contact with—

(aa) lung cells; and 

(bb) other cells and fluids in the human 

body connected to a disease; 

(ii) a description of the means by which to identify, 

distinguish, and measure any non-asbestiform mineral 

or elongated mineral particle that—

(I) may cause any disease or health effect, as determined by the Director, including—

(aa) mesothelioma; 

(bb) any other form of cancer; and 

(cc) any other non-cancer form of disease; 

and 

(II) does not cause any disease or health effect; 

and 

(iii) recommendations for such controls as the Director determines to be appropriate to protect human 

health. 

(3) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated such sums as are necessary to carry out 

this subsection. 

(b) METHODOLOGY STUDY.—


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19 

(1) IN GENERAL.—On the date on which the Director submits 

the report described in subsection (a)(2)(B), the Director shall 

initiate a study— (A) to develop improved sampling and analytical methods for non-asbestiform minerals and elongated mineral 

particles; and 

(B) to clarify the mechanism of action. 

(2) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated such sums as are necessary to carry out 

this subsection. 

SEC. 223. PUBLIC EDUCATION PROGRAM. 

(a) IN GENERAL.—Not later than 1 year after the date of enactment of this subtitle, the Administrator, in consultation with the 

Chairman of the Consumer Product Safety Commission, the Director of the Centers for Disease Control and Prevention, and the Secretary of Labor, shall establish a plan— (1) to increase awareness of the dangers posed by— (A) products having asbestos-containing materials in 

homes and workplaces; and 

(B) asbestos-related diseases; 

(2) to provide current and comprehensive information to asbestos-related disease patients, family members of patients, and 

front-line health care providers on— (A) the dangers of asbestos exposure; 

(B) asbestos-related labeling information; 

(C) health effects of exposure to asbestos; 

(D) symptoms of asbestos exposure; and 

(E) available and developing treatments for asbestos-related diseases, including clinical trials; 

(3) to encourage asbestos-related disease patients, family 

members of patients, and front-line health care providers to 

participate in research and treatment endeavors relating to asbestos; and 

(4) to encourage health care providers and researchers to provide to asbestos-related disease patients and family members of 

patients information relating to research, diagnostic, and clinical treatments relating to asbestos. 

(b) GREATEST RISKS.—In establishing the program, the Administrator shall give priority to products that have asbestos-containing 

materials and are used by consumers and workers that pose the 

greatest risk of injury to human health. 

(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated such sums as are necessary to carry out this section. 

Subtitle C—Prohibition on Asbestos-Containing 

Materials 

SEC. 231. DEFINITION OF DISTRIBUTE IN COMMERCE. 

In this subtitle: 

(1) IN GENERAL.—The term ‘‘distribute in commerce’’ has the 

meaning given the term in section 3. 

(2) EXCLUSIONS.—The term ‘‘distribute in commerce’’ does 

not include—


bajohnson on PROD1PC69 with REPORTS
20 

(A) the possession of an asbestos-containing material by 

a person that is an end user; or 

(B) the possession of an asbestos-containing material by 

a person solely for the purpose of disposal of the asbestoscontaining material in compliance with applicable Federal, 

State, and local requirements. 

SEC. 232. PROHIBITION ON ASBESTOS-CONTAINING MATERIALS. 

(a) IN GENERAL.—Subject to subsection (b), the Administrator 

shall promulgate— (1) not later than 1 year after the date of enactment of this 

subtitle, proposed regulations that— (A) prohibit persons from importing, manufacturing, 

processing, or distributing in commerce asbestos-containing 

materials; and 

(B) provide for implementation of subsections (b) and (c); 

and 

(2) not later than 2 years after the date of enactment of this 

subtitle, final regulations that, effective beginning 60 days after 

the date of promulgation, prohibit persons from importing, 

manufacturing, processing, or distributing in commerce asbestos-containing materials. 

(b) EXEMPTIONS.— (1) IN GENERAL.—Any person may petition the Administrator 

for, and the Administrator may grant, an exemption from the 

requirements of subsection (a) if the Administrator determines 

that—(A) the exemption would not result in an unreasonable 

risk of injury to health or the environment; and 

(B) the person has made good faith efforts to develop, but 

has been unable to develop, a substance, or identify a mineral, that— (i) does not present an unreasonable risk of injury to 

health or the environment; and 

(ii) may be substituted for an asbestos-containing 

material. 

(2) TERMS AND CONDITIONS.—An exemption granted under 

this subsection shall be in effect for such period (not to exceed 

a total of 3 years) and subject to such terms and conditions as 

the Administrator may prescribe. 

(3) GOVERNMENTAL USE.— (A) IN GENERAL.—The Administrator shall provide an exemption from the requirements of subsection (a), without review or limit on duration, if the exemption for asbestos-containing material is—

(i) sought by the Secretary of Defense and the Secretary certifies, and provides a copy of that certification 

to the Administrator and Congress, that—

(I) use of the asbestos containing material is necessary to the critical functions of the Department; 

(II) no reasonable alternatives to the asbestos 

containing material exist for the intended purpose; 

and 

(III) use of the asbestos containing material will 

not result in an unreasonable risk to health or the 

environment; or 


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21 

(ii) sought by the Administrator of the National Aeronautics and Space Administration and the Administrator of the National Aeronautics and Space Administration certifies, and provides a copy of that certification to Congress, that— (I) the asbestos-containing material is necessary 

to the critical functions of the National Aeronautics and Space Administration; 

(II) no reasonable alternatives to the asbestoscontaining material exist for the intended purpose; 

and 

(III) the use of the asbestos-containing material 

will not result in an unreasonable risk to health or 

the environment. 

(B) ADMINISTRATIVE PROCEDURE ACT.—Any exemption 

provided by the Administrator under subparagraph (A), 

and any certification made by the Secretary of Defense 

under subparagraph (A)(i) shall not be subject to the provisions of subchapter II of chapter 5, and chapter 7, of title 

5, United States Code (commonly known as the ‘‘Administrative Procedure Act’’). 

(4) DIAPHRAGMS FOR EXISTING ELECTROLYSIS INSTALLA- TIONS.—

(A) IN GENERAL.—The requirements of subsection (a) 

shall not apply to any diaphragm electrolysis installation 

in existence as of the date of enactment of this subtitle. 

(B) REVIEW.— (i) IN GENERAL.—Not later than 3 years after the 

date of enactment of this subtitle, and every 6 years 

thereafter, the Administrator shall review the exemption provided under subparagraph (A) to determine the 

appropriateness of the exemption. 

(ii) SCOPE.—In conducting the review of the exemption provided under subparagraph (A), the Administrator shall examine the risk of injury to an individual 

relating to the operation by the individual of each diaphragm electrolysis installation described in subparagraph (A). 

(iii) PUBLIC PARTICIPATION.—In conducting the review of the exemption provided under subparagraph 

(A), the Administrator shall provide public notice and 

a 30-day period of public comment. 

(C) DECISION RELATING TO EXTENSION OF EXEMPTION.—

Upon completion of a review of a diaphragm electrolysis installation under subparagraph (B)(i), if the Administrator 

determines that the diaphragm electrolysis installation 

poses an unreasonable risk of injury to health or the environment, the Administrator may terminate the exemption 

provided to the diaphragm electrolysis installation under 

subparagraph (A). 

(c) DISPOSAL.— (1) IN GENERAL.—Except as provided in paragraph (2), not 

later than 2 years after the date of enactment of this subtitle, 

each person that possesses asbestos-containing material that is 

subject to the prohibition established under this section shall 


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22 

dispose of the asbestos-containing material, by a means that is 

in compliance with applicable Federal, State, and local requirements. 

(2) EXEMPTION.—Nothing in paragraph (1)—

(A) applies to asbestos-containing material that—

(i) is no longer in the stream of commerce; or 

(ii) is in the possession of an end user; or 

(B) requires that asbestos-containing material described 

in subparagraph (A) be removed or replaced. 

(d) COMPLIANCE TESTING.—

(1) IN GENERAL.—Subject to paragraph (2), and in accordance 

with paragraph (3), not later than 1 year after the date on 

which the Administrator promulgates the regulations under 

subsection (a), and annually thereafter, to ensure compliance 

with those regulations, the Administrator shall carry out tests 

on an appropriate quantity of products, as determined by the 

Administrator, to determine if the products have asbestos-containing material. 

(2) EXEMPTED PRODUCTS.—In carrying out the compliance 

testing under paragraph (1), the Administrator shall not carry 

out any test on any product that contains any material that is 

the subject of an exemption described in subsection (b). 

(3) APPROPRIATE TEST METHODOLOGIES.—In carrying out the 

compliance testing under paragraph (1), the Administrator 

shall use the appropriate test methodology for each product that 

is the subject of the compliance testing. 

(4) ANNUAL REPORT.—

(A) IN GENERAL.—Upon completion of each annual testing period described in paragraph (1), the Administrator 

shall prepare a report for the annual testing period covered 

by the report, describing those products that have asbestoscontaining material. 

(B) PUBLIC AVAILABILITY.—Not later than 90 days after 

the date of completion of each annual testing period described in paragraph (1), the Administrator shall make the 

report for the annual testing period covered by the report 

available to the public. 

* * * * * * * 

PUBLIC HEALTH SERVICE ACT 

* * * * * * * 

TITLE IV—NATIONAL RESEARCH INSTITUTES 

PART A—NATIONAL INSTITUTES OF HEALTH

SEC. 401. ORGANIZATION OF NATIONAL INSTITUTES OF HEALTH. 

(a) RELATION TO PUBLIC HEALTH SERVICE.—* * * 

* * * * * * * 


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23 

PART B—GENERAL PROVISIONS RESPECTING NATIONAL RESEARCH

INSTITUTES

APPOINTMENT AND AUTHORITY OF THE DIRECTORS OF THE NATIONAL

RESEARCH INSTITUTES

SEC. 405.(a)* * * 

* * * * * * * 

SEC. 410 

PART C—SPECIFIC PROVISIONS RESPECTING NATIONAL RESEARCH

INSTITUTES

Subpart 1—National Cancer Institute 

PURPOSE OF INSTITUTE

SEC. 410. The general purpose of the National Cancer Institute 

(hereafter in this subpart referred to as the ‘‘Institute’’) is the conduct and support of research, training, health information dissemination, and other programs with respect to the cause, diagnosis, 

prevention, and treatment of cancer, rehabilitation from cancer, 

and the continuing care of cancer patients and the families of cancer patients. 

* * * * * * * 

SEC. 417D. RESEARCH, INFORMATION, AND EDUCATION WITH RESPECT TO BLOOD CANCER 

(a) JOE MOAKLEY RESEARCH EXCELLENCE PROGRAM.—

(1) IN GENERAL.—* * * 

* * * * * * * 

SEC. 417E. RESEARCH ON ASBESTOS-RELATED DISEASES. 

(a) IN GENERAL.—The Secretary, acting through the Director of 

NIH and the Director of the Centers for Disease Control and Prevention, shall expand, intensify, and coordinate programs for the conduct and support of research on diseases caused by exposure to asbestos, particularly mesothelioma, asbestosis, and pleural injuries. 

(b) ADMINISTRATION.—The Secretary shall carry out this section 

in collaboration with—

(1) the Administrator of the Agency for Toxic Substances and 

Disease Registry; 

(2) the Director of the National Institute for Occupational 

Safety and Health; and 

(3) the head of any other agency, as the Secretary determines 

to be appropriate. 

(c) ASBESTOS-RELATED DISEASE REGISTRY.—

(1) IN GENERAL.—Not later than 1 year after the date of enactment of this section, the Director of the Centers for Disease 

Control and Prevention, in cooperation with the Director of the 

National Institute for Occupational Safety and Health and the 

Administrator of the Agency for Toxic Substances and Disease 

Registry, shall establish a mechanism by which to obtain, coordinate, and provide data and specimens from—

(A) State cancer registries and other cancer registries; 


bajohnson on PROD1PC69 with REPORTS
24 

(B) the National Mesothelioma Virtual Registry and Tissue Bank; and 

(C) each entity participating in the asbestos-related disease research and treatment network established under section 417F(a). 

(2) TREATMENT.—The data and specimens described in paragraph (1) shall form the basis for establishing a national clearinghouse for data and specimens relating to asbestos-related 

diseases, with a particular emphasis on mesothelioma. 

(d) AUTHORIZATION OF APPROPRIATIONS.—In addition to amounts 

made available for the purposes described in subsection (a) under 

other law, there are authorized to be appropriated to carry out this 

section such sums as are necessary for fiscal year 2008 and each fiscal year thereafter. 

SEC. 417F. ASBESTOS-RELATED DISEASE RESEARCH AND TREATMENT 

NETWORK. 

(a) ESTABLISHMENT.—For each of fiscal years 2008 through 2012, 

the Director of NIH, in collaboration with other applicable Federal, 

State, and local agencies and departments, shall establish and 

maintain an asbestos-related disease research and treatment network (referred to in this section as the ‘‘Network’’) to support the detection, prevention, treatment, and cure of asbestos-related diseases, 

with particular emphasis on malignant mesothelioma. 

(b) INCLUSIONS.—The Network shall include—

(1) intramural research initiatives of the National Institutes 

of Health; and 

(2) at least 10 extramural asbestos-related disease research 

and treatment centers, as selected by the Director of NIH in accordance with subsection (c). 

(c) EXTRAMURAL ASBESTOS-RELATED DISEASE RESEARCH AND

TREATMENT CENTERS.—

(1) IN GENERAL.—For each fiscal year during which the Network is operated and maintained under subsection (a), the Director of NIH shall select for inclusion in the Network not less 

than 10 nonprofit hospitals, universities, or medical or research 

institutions incorporated or organized in the United States that, 

as determined by the Director of NIH—

(A) have exemplary experience and qualifications in research and treatment of asbestos-related diseases; 

(B) have access to an appropriate population of patients 

with asbestos-related diseases; and 

(C) are geographically distributed throughout the United 

States, with special consideration given to areas of high incidence of asbestos-related diseases. 

(2) REQUIREMENTS.—Each center selected under paragraph 

(1) shall—

(A) be chosen by the Director of NIH after competitive 

peer review; 

(B) conduct laboratory and clinical research, including 

clinical trials, relating to—

(i) mechanisms for effective therapeutic treatment of 

asbestos-related diseases; 

(ii) early detection and prevention of asbestos-related 

diseases; 


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(iii) palliation of asbestos-related disease symptoms; 

and 

(iv) pain management with respect to asbestos-related diseases; 

(C) offer to asbestos-related disease patients travel and 

lodging assistance as necessary—

(i) to accommodate the maximum number of patients 

practicable; and 

(ii) to serve a number of patients at the center sufficient to conduct a meaningful clinical trial; 

(D) seek to collaborate with at least 1 medical center of 

the Department of Veterans Affairs to provide research benefits and care to veterans who have suffered excessively 

from asbestos-related diseases, particularly mesothelioma; 

and 

(E) coordinate the research and treatment efforts of the 

center (including specimen sharing and use of common 

infomatics) with other entities included in—

(i) the Network; and 

(ii) the National Virtual Mesothelioma Registry and 

Tissue Bank. 

(3) PERIOD OF INCLUSION.—A center selected by the Director 

of NIH under this subsection shall be included in the Network 

for—

(A) the 1-year period beginning on the date of selection of 

the center; or 

(B) such longer period as the Director of NIH determines 

to be appropriate. 

(d) GRANTS.—The Director of NIH shall provide to each center selected for inclusion in the Network under subsection (c) for the fiscal 

year a grant in an amount equal to $1,000,000 to support the detection, prevention, treatment, and cure of asbestos-related diseases, 

with particular emphasis on malignant mesothelioma. 

(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to 

be appropriated to carry out this section $10,000,000 for each of fiscal years 2008 through 2012. 

SEC. 417G. DEPARTMENT OF DEFENSE RESEARCH. 

(a) IN GENERAL.—The Secretary, acting through the United States 

Army Medical Research and Materiel Command, shall support research on mesothelioma and other asbestos-related diseases that has 

clear scientific value and direct relevance to the health of members 

and veterans of the Armed Forces, in accordance with the appropriate congressionally directed medical research program, with the 

goal of advancing the understanding, early detection, and treatment 

of asbestos-related mesothelioma and other asbestos-related diseases. 

(b) ADMINISTRATION.—The Secretary shall carry out this section 

in collaboration with—

(1) the Director of NIH; 

(2) the Director of the National Institute of Occupational 

Safety and Health; and 

(3) the head of any other agency, as the Secretary determines 

to be appropriate. 


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(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated to carry out this section such sums as are necessary 

for fiscal year 2008 and each fiscal year thereafter.’’. 

* * * * * * * 

Æ 


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