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[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 742 Reported in Senate (RS)]

                                                       Calendar No. 321
110th CONGRESS
  1st Session
                                 S. 742

 To amend the Toxic Substances Control Act to reduce the health risks 
     posed by asbestos-containing products, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 1, 2007

   Mrs. Murray (for herself, Mrs. Boxer, Mr. Baucus, Mr. Brown, Mrs. 
  Clinton, Mr. Durbin, Mr. Feingold, Mrs. Feinstein, Mr. Harkin, Mr. 
Kennedy, Mr. Kerry, Mr. Leahy, Mr. Reid, Mr. Casey, Mr. Lieberman, Mr. 
Whitehouse, Mr. Cardin, Mr. Lautenberg, Mr. Isakson, Ms. Klobuchar, and 
 Ms. Cantwell) introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

                             August 2, 2007

               Reported by Mrs. Boxer, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL

 
 To amend the Toxic Substances Control Act to reduce the health risks 
     posed by asbestos-containing products, and for other purposes.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Ban Asbestos in America Act 
of 2007''.</DELETED>

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress finds that--</DELETED>
        <DELETED>    (1)(A) the Administrator of the Environmental 
        Protection Agency has classified asbestos as a category A human 
        carcinogen, the highest cancer hazard classification for a 
        substance; and</DELETED>
        <DELETED>    (B) the International Agency for Research on 
        Cancer has classified asbestos as a class 1 human 
        carcinogen;</DELETED>
        <DELETED>    (2) many people in the United States incorrectly 
        believe that--</DELETED>
                <DELETED>    (A) asbestos has been banned in the United 
                States; and</DELETED>
                <DELETED>    (B) there is no risk of exposure to 
                asbestos through the use of new commercial 
                products;</DELETED>
        <DELETED>    (3) the United States Geological Survey reported 
        that, in 2006, the United States used 2,000 metric tons of 
        asbestos, of which approximately--</DELETED>
                <DELETED>    (A) 55 percent was used in roofing 
                products;</DELETED>
                <DELETED>    (B) 26 percent was used in coatings; 
                and</DELETED>
                <DELETED>    (C) 19 percent was used in other products, 
                such as friction products;</DELETED>
        <DELETED>    (4) the Department of Commerce estimates that the 
        United States imports more than $100,000,000 of brake parts per 
        year;</DELETED>
        <DELETED>    (5) available evidence suggests that--</DELETED>
                <DELETED>    (A) imports of some types of asbestos-
                containing products are increasing; and</DELETED>
                <DELETED>    (B) some of those products are imported 
                from foreign countries in which asbestos is poorly 
                regulated;</DELETED>
        <DELETED>    (6) there is no known safe level of exposure to 
        asbestos;</DELETED>
        <DELETED>    (7) even low levels of exposure to asbestos may 
        cause asbestos-related diseases, including 
        mesothelioma;</DELETED>
        <DELETED>    (8) millions of workers in the United States have 
        been, and continue to be, exposed to dangerous levels of 
        asbestos;</DELETED>
        <DELETED>    (9) 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;</DELETED>
        <DELETED>    (10) families of workers are put at risk because 
        of asbestos brought home by the workers on the shoes, clothes, 
        skin, and hair of the workers;</DELETED>
        <DELETED>    (11) approximately </DELETED>\<DELETED>1/
        3</DELETED>\ <DELETED>of mesothelioma victims were exposed to 
        asbestos while serving the United States on Navy ships or 
        shipyards;</DELETED>
        <DELETED>    (12) the National Institutes of Health reported to 
        Congress in 2006 that mesothelioma is a difficult disease to 
        detect, diagnose, and treat;</DELETED>
        <DELETED>    (13) the Environmental Working Group estimates 
        that as many as 10,000 citizens of the United States die each 
        year from mesothelioma and other asbestos-related 
        diseases;</DELETED>
        <DELETED>    (14)(A) mesothelioma responds poorly to 
        conventional chemotherapy; and</DELETED>
        <DELETED>    (B) although new combination treatments for 
        mesothelioma have demonstrated some benefits--</DELETED>
                <DELETED>    (i) the median survival period for 
                mesothelioma is only 1 year after diagnosis of the 
                disease; and</DELETED>
                <DELETED>    (ii) the majority of mesothelioma patients 
                die within 2 years of diagnosis of the 
                disease;</DELETED>
        <DELETED>    (15) in hearings before Congress in the early 
        1970s, the example of asbestos was used to justify the need for 
        comprehensive legislation on toxic substances;</DELETED>
        <DELETED>    (16) in 1976, Congress passed the Toxic Substances 
        Control Act (15 U.S.C. 2601 et seq.);</DELETED>
        <DELETED>    (17) in 1989, the Administrator promulgated final 
        regulations under title II of the Toxic Substances Control Act 
        (15 U.S.C. 2641 et seq.) to phase out asbestos in consumer 
        products by 1997;</DELETED>
        <DELETED>    (18) in 1991, the United States Court of Appeals 
        for the 5th Circuit overturned portions of the regulations, and 
        the Federal Government did not appeal the decision to the 
        Supreme Court;</DELETED>
        <DELETED>    (19) as a result, while new applications for 
        asbestos were banned, asbestos is still being imported and used 
        in some consumer and industrial products in the United 
        States;</DELETED>
        <DELETED>    (20) the National Cancer Institute recognizes a 
        clear need for new agents to improve the outlook for patients 
        with mesothelioma and other asbestos-related 
        diseases;</DELETED>
        <DELETED>    (21) the National Institutes of Health should 
        continue to improve detection, treatment, and management of 
        asbestos-related diseases, such as mesothelioma, including by 
        providing continued support for the pleural mesothelioma 
        treatment and research program and peritoneal surgical 
        initiatives;</DELETED>
        <DELETED>    (22) given the risk of asbestos exposure for 
        members and veterans of the Armed Forces, the Department of 
        Defense has an obligation to study diseases related to asbestos 
        exposure in the military and veteran population, including by 
        conducting research in coordination with the National 
        Institutes of Health on the early detection and treatment of 
        mesothelioma;</DELETED>
        <DELETED>    (23) asbestos has been banned in 40 countries, 
        including Argentina, Australia, Austria, Belgium, Chile, 
        Croatia, the Czech Republic, Denmark, Estonia, Finland, France, 
        Germany, Iceland, Ireland, Italy, Japan, Latvia, Luxembourg, 
        the Netherlands, Norway, Poland, Portugal, Saudi Arabia, the 
        Slovak Republic, Spain, Sweden, Switzerland, and the United 
        Kingdom;</DELETED>
        <DELETED>    (24) asbestos was banned throughout the European 
        Union in 2005; and</DELETED>
        <DELETED>    (25) banning asbestos from being used in or 
        imported into the United States will provide certainty to 
        manufacturers, builders, environmental remediation firms, 
        workers, and consumers that after a specific date, asbestos 
        will not be used or added to new construction and manufacturing 
        materials used in this country.</DELETED>

<DELETED>SEC. 3. ASBESTOS-CONTAINING PRODUCTS.</DELETED>

<DELETED>    (a) In General.--Title II of the Toxic Substances Control 
Act (15 U.S.C. 2641 et seq.) is amended--</DELETED>
        <DELETED>    (1) by inserting before section 201 (15 U.S.C. 
        2641) the following:</DELETED>

         <DELETED>``Subtitle A--General Provisions'';</DELETED>

        <DELETED>and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>

     <DELETED>``Subtitle B--Asbestos-Containing Products</DELETED>

<DELETED>``SEC. 221. DEFINITIONS.</DELETED>

<DELETED>    ``In this subtitle:</DELETED>
        <DELETED>    ``(1) 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 or knowingly used in any 
        concentration.</DELETED>
        <DELETED>    ``(2) Biopersistent durable fiber.--</DELETED>
                <DELETED>    ``(A) In general.--The term `biopersistent 
                durable fiber' means a silicate fiber that--</DELETED>
                        <DELETED>    ``(i) occurs naturally in the 
                        environment; and</DELETED>
                        <DELETED>    ``(ii) is similar to asbestos in--
                        </DELETED>
                                <DELETED>    ``(I) resistance to 
                                dissolution;</DELETED>
                                <DELETED>    ``(II) leaching; 
                                and</DELETED>
                                <DELETED>    ``(III) other physical, 
                                chemical, or biological processes 
                                expected from contact with lung cells 
                                and other cells and fluids in the human 
                                body.</DELETED>
                <DELETED>    ``(B) Inclusions.--The term `biopersistent 
                durable fiber' includes--</DELETED>
                        <DELETED>    ``(i) richterite;</DELETED>
                        <DELETED>    ``(ii) winchite;</DELETED>
                        <DELETED>    ``(iii) erionite; and</DELETED>
                        <DELETED>    ``(iv) non-asbestiform varieties 
                        of amosite, crocidolite, anthophyllite, 
                        tremolite, and actinolite.</DELETED>
        <DELETED>    ``(3) Contaminant-asbestos product.--The term 
        `contaminant-asbestos product' means any product that contains 
        asbestos as a contaminant of any mineral or other substance, in 
        any concentration.</DELETED>
        <DELETED>    ``(4) Distribute in commerce.--</DELETED>
                <DELETED>    ``(A) In general.--The term `distribute in 
                commerce' has the meaning given the term in section 
                3.</DELETED>
                <DELETED>    ``(B) Exclusions.--The term `distribute in 
                commerce' does not include--</DELETED>
                        <DELETED>    ``(i) an action taken with respect 
                        to an asbestos-containing product in connection 
                        with the end use of the asbestos-containing 
                        product by a person that is an end user; 
                        or</DELETED>
                        <DELETED>    ``(ii) distribution of an 
                        asbestos-containing product by a person solely 
                        for the purpose of disposal of the asbestos-
                        containing product in compliance with 
                        applicable Federal, State, and local 
                        requirements.</DELETED>
        <DELETED>    ``(5) Fiber.--The term `fiber' means an acicular 
        single crystal or similarly elongated polycrystalline aggregate 
        particle with a length to width ratio of 3 to 1 or 
        greater.</DELETED>
        <DELETED>    ``(6) Person.--The term `person' means--</DELETED>
                <DELETED>    ``(A) any individual;</DELETED>
                <DELETED>    ``(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);</DELETED>
                <DELETED>    ``(C) any Federal, State, or local 
                department, agency, or instrumentality; and</DELETED>
                <DELETED>    ``(D) any interstate body.</DELETED>

<DELETED>``SEC. 222. NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND 
              HEALTH STUDY.</DELETED>

<DELETED>    ``(a) In General.--The National Institute for Occupational 
Safety and Health shall conduct a study and, not later than 18 months 
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, and other Federal 
agencies, as appropriate, a report containing--</DELETED>
        <DELETED>    ``(1) a description of the current state of the 
        science relating to--</DELETED>
                <DELETED>    ``(A) the disease mechanisms and health 
                effects of exposure to asbestos and other biopersistent 
                durable fibers; and</DELETED>
                <DELETED>    ``(B) methods for measuring and analyzing 
                asbestos;</DELETED>
        <DELETED>    ``(2) a description of the current status of 
        labeling practices relating to asbestos-containing material; 
        and</DELETED>
        <DELETED>    ``(3) recommendations for future asbestos-related 
        disease research and exposure assessment practice 
        needs.</DELETED>
<DELETED>    ``(b) Authorization of Appropriations.--There are 
authorized to be appropriated such sums as are necessary to carry out 
this section.</DELETED>

<DELETED>``SEC. 223. PROHIBITION ON ASBESTOS-CONTAINING 
              PRODUCTS.</DELETED>

<DELETED>    ``(a) In General.--Subject to subsection (b), the 
Administrator shall promulgate--</DELETED>
        <DELETED>    ``(1) not later than 1 year after the date of 
        enactment of this subtitle, proposed regulations that--
        </DELETED>
                <DELETED>    ``(A) prohibit persons from importing, 
                manufacturing, processing, or distributing in commerce 
                asbestos-containing products; and</DELETED>
                <DELETED>    ``(B) provide for implementation of 
                subsections (b) and (c); and</DELETED>
        <DELETED>    ``(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 
        products.</DELETED>
<DELETED>    ``(b) Exemptions.--</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) the exemption would not result in an 
                unreasonable risk of injury to public health or the 
                environment; and</DELETED>
                <DELETED>    ``(B) the person has made good faith 
                efforts to develop, but has been unable to develop, a 
                substance, or identify a mineral, that--</DELETED>
                        <DELETED>    ``(i) does not present an 
                        unreasonable risk of injury to public health or 
                        the environment; and</DELETED>
                        <DELETED>    ``(ii) may be substituted for an 
                        asbestos-containing product.</DELETED>
        <DELETED>    ``(2) Terms and conditions.--An exemption granted 
        under this subsection shall be in effect for such period (not 
        to exceed 1 year) and subject to such terms and conditions as 
        the Administrator may prescribe.</DELETED>
        <DELETED>    ``(3) Governmental use.--The Administrator shall 
        provide an exemption from the requirements of subsection (a), 
        without review or limit on duration, if the exemption for an 
        asbestos-containing product is--</DELETED>
                <DELETED>    ``(A) sought by the Secretary of Defense 
                and the Secretary certifies, and provides a copy of 
                that certification to Congress, that--</DELETED>
                        <DELETED>    ``(i) use of the asbestos 
                        containing product is necessary to the critical 
                        functions of the Department;</DELETED>
                        <DELETED>    ``(ii) no reasonable alternatives 
                        to the asbestos containing product exist for 
                        the intended purpose; and</DELETED>
                        <DELETED>    ``(iii) use of the asbestos 
                        containing product will not result in an 
                        unreasonable risk to health or the environment; 
                        or</DELETED>
                <DELETED>    ``(B) 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--</DELETED>
                        <DELETED>    ``(i) the asbestos-containing 
                        product is necessary to the critical functions 
                        of the National Aeronautics and Space 
                        Administration;</DELETED>
                        <DELETED>    ``(ii) no reasonable alternatives 
                        to the asbestos-containing product exist for 
                        the intended purpose; and</DELETED>
                        <DELETED>    ``(iii) the use of the asbestos-
                        containing product will not result in an 
                        unreasonable risk to health or the 
                        environment.</DELETED>
<DELETED>    ``(c) Disposal.--</DELETED>
        <DELETED>    ``(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 an asbestos-containing 
        product that is subject to the prohibition established under 
        this section shall dispose of the asbestos-containing product, 
        by a means that is in compliance with applicable Federal, 
        State, and local requirements.</DELETED>
        <DELETED>    ``(2) Exemption.--Nothing in paragraph (1)--
        </DELETED>
                <DELETED>    ``(A) applies to an asbestos-containing 
                product that--</DELETED>
                        <DELETED>    ``(i) is no longer in the stream 
                        of commerce; or</DELETED>
                        <DELETED>    ``(ii) is in the possession of an 
                        end user; or</DELETED>
                <DELETED>    ``(B) requires that an asbestos-containing 
                product described in subparagraph (A) be removed or 
                replaced.</DELETED>

<DELETED>``SEC. 224. PUBLIC EDUCATION PROGRAM.</DELETED>

<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) to increase awareness of the dangers posed 
        by--</DELETED>
                <DELETED>    ``(A) asbestos-containing products and 
                contaminants in homes and workplaces; and</DELETED>
                <DELETED>    ``(B) asbestos-related diseases;</DELETED>
        <DELETED>    ``(2) to provide current and comprehensive 
        information to asbestos-related disease patients, family 
        members of patients, and front-line health care providers on--
        </DELETED>
                <DELETED>    ``(A) the dangers of asbestos 
                exposure;</DELETED>
                <DELETED>    ``(B) asbestos-related labeling 
                information;</DELETED>
                <DELETED>    ``(C) health effects of exposure to 
                asbestos;</DELETED>
                <DELETED>    ``(D) symptoms of asbestos exposure; 
                and</DELETED>
                <DELETED>    ``(E) available and developing treatments 
                for asbestos-related diseases, including clinical 
                trials;</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Greatest Risks.--In establishing the program, the 
Administrator shall give priority to asbestos-containing products and 
contaminant-asbestos products used by consumers and workers that pose 
the greatest risk of injury to human health.</DELETED>
<DELETED>    ``(c) Authorization of Appropriations.--There are 
authorized to be appropriated such sums as are necessary to carry out 
this section.''.</DELETED>
<DELETED>    (b) Conforming Amendment.--The table of contents in 
sections 1 of the Toxic Substances Control Act (15 U.S.C. prec. 2601) 
is amended--</DELETED>
        <DELETED>    (1) by inserting before the item relating to 
        section 201 the following:</DELETED>

              <DELETED>``Subtitle A-General Provisions'';

        <DELETED>and</DELETED>
        <DELETED>    (2) by adding at the end of the items relating to 
        title II the following:</DELETED>

          <DELETED>``Subtitle B--Asbestos-Containing Products

<DELETED>``Sec. 221. Definitions.
<DELETED>``Sec. 222. National Institute for Occupational Safety and 
                            Health study.
<DELETED>``Sec. 223. Prohibition on asbestos-containing products.
<DELETED>``Sec. 224. Public education program.''.

<DELETED>SEC. 4. ASBESTOS-RELATED DISEASES.</DELETED>

<DELETED>    (a) In General.--Subpart 1 of part C of title IV of the 
Public Health Service Act (42 U.S.C. 285 et seq.) is amended by adding 
at the end the following:</DELETED>

<DELETED>``SEC. 417E. RESEARCH ON ASBESTOS-RELATED DISEASES.</DELETED>

<DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Administration.--The Secretary shall carry out this 
section in collaboration with--</DELETED>
        <DELETED>    ``(1) the Administrator of the Agency for Toxic 
        Substances and Disease Registry;</DELETED>
        <DELETED>    ``(2) the Director of the National Institute for 
        Occupational Safety and Health; and</DELETED>
        <DELETED>    ``(3) the head of any other agency, as the 
        Secretary determines to be appropriate.</DELETED>
<DELETED>    ``(c) Asbestos-Related Disease Registry.--</DELETED>
        <DELETED>    ``(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--
        </DELETED>
                <DELETED>    ``(A) State cancer registries and other 
                cancer registries;</DELETED>
                <DELETED>    ``(B) the National Mesothelioma Virtual 
                Registry and Tissue Bank; and</DELETED>
                <DELETED>    ``(C) each entity participating in the 
                asbestos-related disease research and treatment network 
                established under section 417F(a).</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>

<DELETED>``SEC. 417F. ASBESTOS-RELATED DISEASE RESEARCH AND TREATMENT 
              NETWORK.</DELETED>

<DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Inclusions.--The Network shall include--</DELETED>
        <DELETED>    ``(1) intramural research initiatives of the 
        National Institutes of Health; and</DELETED>
        <DELETED>    ``(2) at least 10 extramural asbestos-related 
        disease research and treatment centers, as selected by the 
        Director of NIH in accordance with subsection (c).</DELETED>
<DELETED>    ``(c) Extramural Asbestos-Related Disease Research and 
Treatment Centers.--</DELETED>
        <DELETED>    ``(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--
        </DELETED>
                <DELETED>    ``(A) have exemplary experience and 
                qualifications in research and treatment of asbestos-
                related diseases;</DELETED>
                <DELETED>    ``(B) have access to an appropriate 
                population of patients with asbestos-related diseases; 
                and</DELETED>
                <DELETED>    ``(C) are geographically distributed 
                throughout the United States, with special 
                consideration given to areas of high incidence of 
                asbestos-related diseases.</DELETED>
        <DELETED>    ``(2) Requirements.--Each center selected under 
        paragraph (1) shall--</DELETED>
                <DELETED>    ``(A) be chosen by the Director of NIH 
                after competitive peer review;</DELETED>
                <DELETED>    ``(B) conduct laboratory and clinical 
                research, including clinical trials, relating to--
                </DELETED>
                        <DELETED>    ``(i) mechanisms for effective 
                        therapeutic treatment of asbestos-related 
                        diseases;</DELETED>
                        <DELETED>    ``(ii) early detection and 
                        prevention of asbestos-related 
                        diseases;</DELETED>
                        <DELETED>    ``(iii) palliation of asbestos-
                        related disease symptoms; and</DELETED>
                        <DELETED>    ``(iv) pain management with 
                        respect to asbestos-related diseases;</DELETED>
                <DELETED>    ``(C) offer to asbestos-related disease 
                patients travel and lodging assistance as necessary--
                </DELETED>
                        <DELETED>    ``(i) to accommodate the maximum 
                        number of patients practicable; and</DELETED>
                        <DELETED>    ``(ii) to serve a number of 
                        patients at the center sufficient to conduct a 
                        meaningful clinical trial;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(E) coordinate the research and 
                treatment efforts of the center (including specimen 
                sharing and use of common infomatics) with other 
                entities included in--</DELETED>
                        <DELETED>    ``(i) the Network; and</DELETED>
                        <DELETED>    ``(ii) the National Virtual 
                        Mesothelioma Registry and Tissue 
                        Bank.</DELETED>
        <DELETED>    ``(3) Period of inclusion.--A center selected by 
        the Director of NIH under this subsection shall be included in 
        the Network for--</DELETED>
                <DELETED>    ``(A) the 1-year period beginning on the 
                date of selection of the center; or</DELETED>
                <DELETED>    ``(B) such longer period as the Director 
                of NIH determines to be appropriate.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>

<DELETED>``SEC. 417G. DEPARTMENT OF DEFENSE RESEARCH.</DELETED>

<DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Administration.--The Secretary shall carry out this 
section in collaboration with--</DELETED>
        <DELETED>    ``(1) the Director of NIH;</DELETED>
        <DELETED>    ``(2) the Director of the National Institute of 
        Occupational Safety and Health; and</DELETED>
        <DELETED>    ``(3) the head of any other agency, as the 
        Secretary determines to be appropriate.</DELETED>
<DELETED>    ``(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.''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ban Asbestos in America Act of 
2007''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1)(A) the Administrator of the Environmental Protection 
        Agency has classified asbestos as a category A human 
        carcinogen, the highest cancer hazard classification for a 
        substance; and
            (B) the International Agency for Research on Cancer has 
        classified asbestos as a class 1 human carcinogen;
            (2) many people in the United States incorrectly believe 
        that--
                    (A) asbestos has been banned in the United States; 
                and
                    (B) there is no risk of exposure to asbestos 
                through the use of new commercial products;
            (3) the United States Geological Survey reported that, in 
        2006, the United States used 2,000 metric tons of asbestos, of 
        which approximately--
                    (A) 55 percent was used in roofing products;
                    (B) 26 percent was used in coatings; and
                    (C) 19 percent was used in other products, such as 
                friction products;
            (4) the Department of Commerce estimates that the United 
        States imports more than $100,000,000 of brake parts per year;
            (5) available evidence suggests that--
                    (A) imports of some types of asbestos-containing 
                products are increasing; and
                    (B) some of those products are imported from 
                foreign countries in which asbestos is poorly 
                regulated;
            (6) there is no known safe level of exposure to asbestos;
            (7) even low levels of exposure to asbestos may cause 
        asbestos-related diseases, including mesothelioma;
            (8) millions of workers in the United States have been, and 
        continue to be, exposed to dangerous levels of asbestos;
            (9) 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;
            (10) families of workers are put at risk because of 
        asbestos brought home by the workers on the shoes, clothes, 
        skin, and hair of the workers;
            (11) approximately \1/3\ of mesothelioma victims were 
        exposed to asbestos while serving the United States on Navy 
        ships or shipyards;
            (12) the National Institutes of Health reported to Congress 
        in 2006 that mesothelioma is a difficult disease to detect, 
        diagnose, and treat;
            (13) the Environmental Working Group estimates that as many 
        as 10,000 citizens of the United States die each year from 
        mesothelioma and other asbestos-related diseases;
            (14)(A) mesothelioma responds poorly to conventional 
        chemotherapy; and
            (B) although new combination treatments for mesothelioma 
        have demonstrated some benefits--
                    (i) the median survival period for mesothelioma is 
                only 1 year after diagnosis of the disease; and
                    (ii) the majority of mesothelioma patients die 
                within 2 years of diagnosis of the disease;
            (15) in hearings before Congress in the early 1970s, the 
        example of asbestos was used to justify the need for 
        comprehensive legislation on toxic substances;
            (16) in 1976, Congress passed the Toxic Substances Control 
        Act (15 U.S.C. 2601 et seq.);
            (17) in 1989, the Administrator of the Environmental 
        Protection Agency promulgated final regulations under title II 
        of the Toxic Substances Control Act (15 U.S.C. 2641 et seq.) to 
        phase out asbestos in consumer products by 1997;
            (18) in 1991, the United States Court of Appeals for the 
        5th Circuit overturned portions of the regulations, and the 
        Federal Government did not appeal the decision to the Supreme 
        Court;
            (19) as a result, while new applications for asbestos were 
        banned, asbestos is still being imported and used, and is 
        otherwise present as a contaminant, in some consumer and 
        industrial products in the United States;
            (20) the National Cancer Institute recognizes a clear need 
        for new agents to improve the outlook for patients with 
        mesothelioma and other asbestos-related diseases;
            (21) the National Institutes of Health should continue to 
        improve detection, treatment, and management of asbestos-
        related diseases, such as mesothelioma, including by providing 
        continued support for the pleural mesothelioma treatment and 
        research program and peritoneal surgical initiatives;
            (22) the Department of Defense should study diseases 
        related to asbestos exposure in the military and veteran 
        population, including by conducting research in coordination 
        with the National Institutes of Health on the early detection 
        and treatment of mesothelioma;
            (23) with some exceptions relating to certain uses, 
        asbestos has been banned in 40 countries, including Argentina, 
        Australia, Austria, Belgium, Chile, Croatia, the Czech 
        Republic, Denmark, Estonia, Finland, France, Germany, Iceland, 
        Ireland, Italy, Japan, Latvia, Luxembourg, the Netherlands, 
        Norway, Poland, Portugal, Saudi Arabia, the Slovak Republic, 
        Spain, Sweden, Switzerland, and the United Kingdom;
            (24) asbestos was banned throughout the European Union in 
        2005; and
            (25) banning asbestos from being used in or imported into 
        the United States will provide certainty to manufacturers, 
        builders, environmental remediation firms, workers, and 
        consumers that after a specific date, asbestos will not be 
        used, added, or allowed to be knowingly present as a 
        contaminant in new construction and manufacturing materials 
        used in this country.

SEC. 3. ASBESTOS-CONTAINING PRODUCTS.

    (a) In General.--Title II of the Toxic Substances Control Act (15 
U.S.C. 2641 et seq.) is amended--
            (1) by inserting before section 201 (15 U.S.C. 2641) the 
        following:

                  ``Subtitle A--General Provisions'';

            (2) in section 202(3) (15 U.S.C. 2642(3))--
                    (A) in each of subparagraphs (A) through (D), by 
                striking the commas at the end of the subparagraphs and 
                inserting semicolons;
                    (B) in subparagraph (E), by striking ``, or'' and 
                inserting a semicolon;
                    (C) in subparagraph (F), by striking the period at 
                the end and inserting a semicolon; and
                    (D) by adding at the end the following:
                    ``(G) any material formerly classified as 
                tremolite, including--
                            ``(i) winchite asbestos; and
                            ``(ii) richterite asbestos; and
                    ``(H) any asbestiform amphibole mineral.'';
        and
            (3) by adding at the end the following:

               ``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--
                            ``(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 non-asbestiform 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
                            ``(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 non-asbestiform 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 
                        non-asbestiform minerals and elongated mineral 
                        particles possess the ability to remain 
                        biopersistent in the human body, with regard to 
                        the ability of non-asbestiform 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.--
            ``(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--
                    ``(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 asbestos-containing 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
                            ``(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 asbestos-containing 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 installations.--
                    ``(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 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 asbestos-containing 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.''.
    (b) Conforming Amendment.--The table of contents in sections 1 of 
the Toxic Substances Control Act (15 U.S.C. prec. 2601) is amended--
            (1) by inserting before the item relating to section 201 
        the following:

                   ``Subtitle A-General Provisions'';

        and
            (2) by adding at the end of the items relating to title II 
        the following:

               ``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.''.

SEC. 4. ASBESTOS-RELATED DISEASES.

    Subpart 1 of part C of title IV of the Public Health Service Act 
(42 U.S.C. 285 et seq.) is amended by adding at the end the following:

``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;
                    ``(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;
                            ``(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.
    ``(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.''.
                                                       Calendar No. 321

110th CONGRESS

  1st Session

                                 S. 742

_______________________________________________________________________

                                 A BILL

 To amend the Toxic Substances Control Act to reduce the health risks 
     posed by asbestos-containing products, and for other purposes.

_______________________________________________________________________

                             August 2, 2007

                       Reported with an amendment
```