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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1603 Introduced in House (IH)]

<DOC>

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. Barragan, 
  Mr. Soto, Ms. Eshoo, Ms. McCollum, Mr. Blumenauer, Mr. Ted Lieu of 
  California, Ms. Clarke of New York, Ms. Velazquez, Ms. Sanchez, 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.

    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 by adding at the end the following:
    ``(k) Asbestos.--
            ``(1) Prohibition of manufacture, processing, and 
        distribution in commerce.--Effective one 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.
            ``(2) Exemption for national security reasons.--
                    ``(A) In general.--The President may, upon 
                application, grant any person an exemption from the 
                prohibition under paragraph (1) 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 such subparagraph once, 
                        for a period not to exceed 3 years.
                    ``(C) Terms and conditions.--An exemption granted 
                under this paragraph (including an extension thereof) 
                shall include such terms and conditions as are 
                necessary to achieve 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 thereof), 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 thereof), the 
                        President shall publish in the Federal Register 
                        notice of the exemption and the terms and 
                        conditions included under subparagraph (B).
                    ``(E) Application of waiver authority.--
                Notwithstanding section 22, the Administrator may not 
                issue a waiver under such section with respect to 
                asbestos.
            ``(3) 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 
                        in the 36 months preceding such 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 (1) 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 such 
                                date of enactment; or
                                    ``(II) the date on which the person 
                                initiates any such manufacture, 
                                processing, or distribution in 
                                commerce, for any person initiating 
                                such manufacturing, processing, or 
                                distribution in commerce on or after 
                                such date of enactment.
                            ``(iii) Reports during exempted period.--
                        Any person granted an exemption under paragraph 
                        (2) shall submit to the Administrator a report 
                        described in subparagraph (B) not later than 27 
                        months after--
                                    ``(I) the exemption is granted; and
                                    ``(II) 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 amount of asbestos, and the 
                        amount 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 amount 
                        of asbestos to be disposed of as a result of 
                        the reported manufacture, processing, or 
                        distribution activities, and the manner of such 
                        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 such 
                                exposure.
                    ``(C) Reporting period.--For purposes of 
                subparagraph (B), the reporting period for a report 
                submitted under--
                            ``(i) subparagraph (A)(i) shall be the 
                        period that begins on the date that is 36 
                        months prior to the date of enactment of this 
                        subsection and ends on 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 (1) takes 
                        effect;
                            ``(iii) subparagraph (A)(iii)(I) shall be 
                        the period that begins on the date on which an 
                        exemption is granted under paragraph (2) and 
                        ends on the date such exemption expires (not 
                        including an extension thereof); and
                            ``(iv) subparagraph (A)(iii)(II) shall be 
                        the period that begins on the date on which an 
                        exemption is extended under paragraph (2) and 
                        ends on the date such extension expires.
                    ``(D) Reporting forms and instructions.--Not later 
                than 30 days after the date of the 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 3 months after 
                a report is submitted under subparagraph (A), the 
                Administrator shall make such report available to the 
                public.
                    ``(F) Summary and analysis.--Not later than 180 
                days after a report is submitted under subparagraph 
                (A), the Administrator shall make available to the 
                public a summary and analysis of the information such 
                report contains.
            ``(4) 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 non-asbestiform varieties of 
                        richterite and winchite.
                    ``(B) Distribute in commerce.--The terms 
                `distribute in commerce' and `distribution in commerce' 
                have the meaning given the terms in section 3(5), but, 
                notwithstanding such section 3(5), 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.''.

SEC. 3. LEGACY ASBESTOS: REPORT AND RECOMMENDATIONS.

    (a) Report.--Not later than 18 months after the date of the 
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 such buildings from all 
        commercial, industrial, and consumer activities that may result 
        in asbestos exposure.
    (b) Contents.--The report required under subsection (a) shall be 
based upon the best available information, and information that can 
feasibly be obtained through surveys or other means, and shall provide 
the following:
            (1) An estimate of the number of residential, commercial, 
        industrial, public, and school buildings where asbestos is 
        present.
            (2) An estimate of the amount of asbestos in such buildings 
        and the portion of such asbestos that is friable.
            (3) A description of the types of building components and 
        systems containing asbestos in such 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.
            (4) 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.
            (5) 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.
            (6) An estimate of the amount of asbestos waste generated 
        from building renovation, repair, and demolition for each of 
        the last 5 years and the procedures that are utilized for the 
        handling, transport, and disposal of such waste.
    (c) Recommendations.--
            (1) In general.--The report submitted under subsection (a) 
        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 such 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 
        statutes, 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.
    (d) 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 any other law.
    (e) 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 non-asbestiform varieties of richterite and 
        winchite.
                                 <all>
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