I 

116TH CONGRESS 

1ST SESSION H. R. 1603 

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 HOUSE OF REPRESENTATIVES 

MARCH 7, 2019 

Ms. BONAMICI (for herself, Mr. PALLONE, Ms. SLOTKIN, Mr. TONKO, Mr. 

POCAN, Mr. COHEN, Mr. HUFFMAN, Mrs. DINGELL, Ms. SCHAKOWSKY, 

Mr. KENNEDY, Mr. RASKIN, Mr. MCNERNEY, Ms. BLUNT ROCHESTER, 

Ms. BARRAGA ́N, Mr. SOTO, Ms. ESHOO, Ms. MCCOLLUM, Mr. BLUMENAUER, Mr. TED LIEU of California, Ms. CLARKE of New York, Ms. 

VELA ́ZQUEZ, Ms. SA ́NCHEZ, Mr. DEFAZIO, Ms. NORTON, Mr. MCGOVERN, Mr. JOHNSON of Georgia, and Mr. SCHRADER) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Education and Labor, for 

a period to be subsequently determined by the Speaker, in each case for 

consideration of such provisions as fall within the jurisdiction of the committee concerned 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Alan Reinstein Ban 

3 Asbestos Now Act of 2019’’. 

4 SEC. 2. ASBESTOS BAN AND REPORTING. 

5 Section 6 of the Toxic Substances Control Act (15 

6 U.S.C. 2605) is amended by adding at the end the fol7 lowing: 

8 ‘‘(k) ASBESTOS.— 

9 ‘‘(1) PROHIBITION OF MANUFACTURE, PROC10 ESSING, AND DISTRIBUTION IN COMMERCE.—Effec11 tive one year after the date of enactment of this sub12 section, no person may manufacture, process, or dis13 tribute in commerce asbestos or any mixture or arti14 cle containing asbestos. 

15 ‘‘(2) EXEMPTION FOR NATIONAL SECURITY

16 REASONS.— 

17 ‘‘(A) IN GENERAL.—The President may, 

18 upon application, grant any person an exemp19 tion from the prohibition under paragraph (1) 

20 once for the manufacture, processing, or dis21 tribution in commerce of asbestos or any mix22 ture or article containing asbestos only if the 

23 President determines that— 

24 ‘‘(i) the manufacture, processing, or 

25 distribution in commerce of asbestos or 

26 any mixture or article containing asbestos 


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1 by the person is necessary to protect the 

2 national security interests of the United 

3 States; and 

4 ‘‘(ii) no feasible alternative to the 

5 manufacture, processing, or distribution in 

6 commerce of asbestos or any mixture or 

7 article containing asbestos exists for the 

8 intended use. 

9 ‘‘(B) DURATION.— 

10 ‘‘(i) IN GENERAL.—The period of an 

11 exemption granted under subparagraph 

12 (A) shall not exceed 3 years. 

13 ‘‘(ii) EXTENSION.—The President 

14 may, in accordance with subparagraph (A), 

15 extend an exemption granted under such 

16 subparagraph once, for a period not to ex17 ceed 3 years. 

18 ‘‘(C) TERMS AND CONDITIONS.—An ex19 emption granted under this paragraph (includ20 ing an extension thereof) shall include such 

21 terms and conditions as are necessary to 

22 achieve maximum practicable reduction in expo23 sure to asbestos. 

24 ‘‘(D) PUBLICATION.— 


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1 ‘‘(i) APPLICATIONS.—Not later than 

2 30 days after receipt of an application for 

3 an exemption under this paragraph (in4 cluding an extension thereof), the Presi5 dent shall publish the application in the 

6 Federal Register. 

7 ‘‘(ii) EXEMPTIONS.—Not later than 

8 30 days after granting an exemption under 

9 this paragraph (including an extension 

10 thereof), the President shall publish in the 

11 Federal Register notice of the exemption 

12 and the terms and conditions included 

13 under subparagraph (B). 

14 ‘‘(E) APPLICATION OF WAIVER AUTHOR15 ITY.—Notwithstanding section 22, the Adminis16 trator may not issue a waiver under such sec17 tion with respect to asbestos. 

18 ‘‘(3) REPORTS.— 

19 ‘‘(A) TIMING AND COVERAGE.— 

20 ‘‘(i) PREVIOUS ACTION.—Not later 

21 than 120 days after the date of enactment 

22 of this subsection, any person who has 

23 manufactured, processed, or distributed in 

24 commerce asbestos or any mixture or arti25 cle containing asbestos in the 36 months 


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1 preceding such date of enactment shall 

2 submit to the Administrator a report de3 scribed in subparagraph (B). 

4 ‘‘(ii) LATER ACTION.—Any person 

5 manufacturing, processing, or distributing 

6 in commerce asbestos or any mixture or 

7 article containing asbestos during the pe8 riod that begins on the date of enactment 

9 of this subsection and ends on the date on 

10 which the prohibition under paragraph (1) 

11 takes effect shall submit to the Adminis12 trator a report described in subparagraph 

13 (B) not later than 60 days after— 

14 ‘‘(I) the date of enactment of this 

15 subsection, for any person who has 

16 manufactured, processed, or distrib17 uted in commerce asbestos or any 

18 mixture or article containing asbestos 

19 before such date of enactment; or 

20 ‘‘(II) the date on which the per21 son initiates any such manufacture, 

22 processing, or distribution in com23 merce, for any person initiating such 

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1 tribution in commerce on or after 

2 such date of enactment. 

3 ‘‘(iii) REPORTS DURING EXEMPTED

4 PERIOD.—Any person granted an exemp5 tion under paragraph (2) shall submit to 

6 the Administrator a report described in 

7 subparagraph (B) not later than 27 

8 months after— 

9 ‘‘(I) the exemption is granted; 

10 and 

11 ‘‘(II) the exemption is extended, 

12 if applicable. 

13 ‘‘(B) CONTENTS.—Each report submitted 

14 under subparagraph (A) shall include— 

15 ‘‘(i) the name and address of the per16 son submitting the report; 

17 ‘‘(ii) the name, title, and contact in18 formation of an authorized representative 

19 of the person submitting the report; 

20 ‘‘(iii) the location of the facility or fa21 cilities where the manufacture, processing, 

22 or distribution in commerce of asbestos or 

23 mixtures or articles containing asbestos 

24 has occurred, or will occur, during the re25 porting period; 


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1 ‘‘(iv) a description of the manufac2 ture, processing, or distribution activity 

3 during the reporting period of the person 

4 submitting the report, and the intended 

5 and known uses of asbestos and each mix6 ture or article containing asbestos by that 

7 person and all other persons to whom the 

8 asbestos, mixture, or article is sold or oth9 erwise distributed in commerce; 

10 ‘‘(v) the amount of asbestos, and the 

11 amount and concentration of asbestos in 

12 any mixture or article containing asbestos, 

13 that is manufactured, processed, or distrib14 uted in commerce, or expected to be manu15 factured, processed, or distributed in com16 merce, by the person during the reporting 

17 period; 

18 ‘‘(vi) reasonable estimates of the 

19 amount of asbestos to be disposed of as a 

20 result of the reported manufacture, proc21 essing, or distribution activities, and the 

22 manner of such disposal; and 

23 ‘‘(vii) reasonable estimates of— 

24 ‘‘(I) the number of individuals 

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1 facture, processing, and distribution 

2 activities— 

3 ‘‘(aa) have been exposed to 

4 asbestos or mixtures or articles 

5 containing asbestos; and 

6 ‘‘(bb) will be so exposed; and 

7 ‘‘(II) the nature, duration, fre8 quency, and levels of any such expo9 sure. 

10 ‘‘(C) REPORTING PERIOD.—For purposes 

11 of subparagraph (B), the reporting period for a 

12 report submitted under— 

13 ‘‘(i) subparagraph (A)(i) shall be the 

14 period that begins on the date that is 36 

15 months prior to the date of enactment of 

16 this subsection and ends on the date of en17 actment of this subsection; 

18 ‘‘(ii) subparagraph (A)(ii) shall be the 

19 period that begins on the date of enact20 ment of this subsection and ends on the 

21 date on which the prohibition under para22 graph (1) takes effect; 

23 ‘‘(iii) subparagraph (A)(iii)(I) shall be 

24 the period that begins on the date on 

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1 graph (2) and ends on the date such ex2 emption expires (not including an exten3 sion thereof); and 

4 ‘‘(iv) subparagraph (A)(iii)(II) shall 

5 be the period that begins on the date on 

6 which an exemption is extended under 

7 paragraph (2) and ends on the date such 

8 extension expires. 

9 ‘‘(D) REPORTING FORMS AND INSTRUC10 TIONS.—Not later than 30 days after the date 

11 of the enactment of this subsection, the Admin12 istrator shall publish a notice in the Federal 

13 Register that provides instructions for reporting 

14 under this paragraph and a form or forms for 

15 use by persons submitting reports under this 

16 paragraph. 

17 ‘‘(E) AVAILABILITY.—Not later than 3 

18 months after a report is submitted under sub19 paragraph (A), the Administrator shall make 

20 such report available to the public. 

21 ‘‘(F) SUMMARY AND ANALYSIS.—Not later 

22 than 180 days after a report is submitted under 

23 subparagraph (A), the Administrator shall 

24 make available to the public a summary and 


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1 analysis of the information such report con2 tains. 

3 ‘‘(4) DEFINITIONS.—In this subsection: 

4 ‘‘(A) ASBESTOS.—The term ‘asbestos’ 

5 means— 

6 ‘‘(i) the asbestiform varieties of 

7 chrysotile, actinolite, amosite, 

8 anthophyllite, crocidolite, richterite, 

9 winchite, and tremolite; and 

10 ‘‘(ii) the non-asbestiform varieties of 

11 richterite and winchite. 

12 ‘‘(B) DISTRIBUTE IN COMMERCE.—The 

13 terms ‘distribute in commerce’ and ‘distribution 

14 in commerce’ have the meaning given the terms 

15 in section 3(5), but, notwithstanding such sec16 tion 3(5), do not include, with respect to asbes17 tos— 

18 ‘‘(i) end-use of a mixture or article 

19 containing asbestos and installed in a 

20 building or other structure before the date 

21 of enactment of this subsection; or 

22 ‘‘(ii) distribution of a mixture or arti23 cle containing asbestos solely for the pur24 pose of disposal of the mixture or article in 


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1 compliance with applicable Federal, State, 

2 and local requirements. 

3 ‘‘(C) MIXTURE OR ARTICLE CONTAINING

4 ASBESTOS.—The term ‘mixture or article con5 taining asbestos’ includes a mixture or article in 

6 which asbestos is present as an impurity.’’. 

7 SEC. 3. LEGACY ASBESTOS: REPORT AND RECOMMENDA8 TIONS. 

9 (a) REPORT.—Not later than 18 months after the 

10 date of the enactment of this Act, the Administrator of 

11 the Environmental Protection Agency, in consultation 

12 with the Secretary of Health and Human Services and the 

13 Secretary of Labor, shall prepare and submit to Congress 

14 a report assessing— 

15 (1) the presence of asbestos in residential, com16 mercial, industrial, public, and school buildings; and 

17 (2) the extent of exposure and risk to human 

18 health associated with the asbestos present in such 

19 buildings from all commercial, industrial, and con20 sumer activities that may result in asbestos expo21 sure. 

22 (b) CONTENTS.—The report required under sub23 section (a) shall be based upon the best available informa24 tion, and information that can feasibly be obtained 


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1 through surveys or other means, and shall provide the fol2 lowing: 

3 (1) An estimate of the number of residential, 

4 commercial, industrial, public, and school buildings 

5 where asbestos is present. 

6 (2) An estimate of the amount of asbestos in 

7 such buildings and the portion of such asbestos that 

8 is friable. 

9 (3) A description of the types of building com10 ponents and systems containing asbestos in such 

11 buildings and the categories of mixtures and articles 

12 containing asbestos that are present, such as ther13 mal insulation, roofing materials, asbestos cement 

14 pipe, and asbestos cement sheet. 

15 (4) For each category of building, an estimate 

16 of the number of people potentially exposed to asbes17 tos, the conditions and activities with the greatest 

18 potential for exposure, and estimates of the levels of 

19 exposure. 

20 (5) A description of the role of handling, main21 tenance, and construction practices in creating expo22 sure to asbestos and the impact of building aging on 

23 the potential for asbestos exposure. 

24 (6) An estimate of the amount of asbestos 

25 waste generated from building renovation, repair, 


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1 and demolition for each of the last 5 years and the 

2 procedures that are utilized for the handling, trans3 port, and disposal of such waste. 

4 (c) RECOMMENDATIONS.— 

5 (1) IN GENERAL.—The report submitted under 

6 subsection (a) shall contain— 

7 (A) an assessment of the sufficiency of ex8 isting statutes, regulations, policies, and pro9 grams, implemented by the Environmental Pro10 tection Agency, the Department of Labor, and 

11 other agencies, in protecting against exposures 

12 to legacy asbestos; and 

13 (B) recommendations for modifications or 

14 additions to such statutes, regulations, policies, 

15 and programs, as necessary to reduce or elimi16 nate risks to human health. 

17 (2) INCLUSIONS.—Recommendations under 

18 paragraph (1)(B) may include recommendations for 

19 new, additional, or modified statutes, regulations, 

20 policies, or programs for— 

21 (A) the inspection of buildings to deter22 mine the presence and condition of asbestos; 

23 (B) inventorying the presence and condi24 tion of asbestos in buildings; 

25 (C) removal of asbestos from buildings; 


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1 (D) handling asbestos during building 

2 maintenance, repair, demolition, and other com3 mercial and industrial activities with the poten4 tial for asbestos exposure; and 

5 (E) disposal of asbestos-containing waste 

6 and debris. 

7 (d) EFFECT ON EXISTING LAW.—Compliance with 

8 this section shall not relieve the Administrator of the Envi9 ronmental Protection Agency, the Secretary of Health and 

10 Human Services, or the Secretary of Labor, of any other 

11 obligation arising under this Act or any other law. 

12 (e) DEFINITION OF ASBESTOS.—In this section, the 

13 term ‘‘asbestos’’ means— 

14 (1) the asbestiform varieties of chrysotile, actin15 olite, amosite, anthophyllite, crocidolite, richterite, 

16 winchite, and tremolite; and 

17 (2) the non-asbestiform varieties of richterite 

18 and winchite. 

Æ 


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