110TH CONGRESS 

1ST SESSION S. 742

AN ACT

To amend the Toxic Substances Control Act to reduce the 

health risks posed by asbestos-containing materials and 

products having asbestos-containing material, and for 

other purposes.

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

2 This Act may be cited as the ‘‘Ban Asbestos in Amer3 ica Act of 2007’’. 

4 SEC. 2. FINDINGS. 

5 Congress finds that—

6 (1)(A) the Administrator of the Environmental 

7 Protection Agency has classified asbestos as a cat8 egory A human carcinogen, the highest cancer haz9 ard classification for a substance; and 

10 (B) the International Agency for Research on 

11 Cancer has classified asbestos as a class 1 human 

12 carcinogen; 

13 (2) many people in the United States incor14 rectly believe that—

15 (A) asbestos has been banned in the 

16 United States; and 

17 (B) there is no risk of exposure to asbestos 

18 through the use of new commercial products; 

19 (3) the United States Geological Survey re20 ported that, in 2006, the United States used 2,000 

21 metric tons of asbestos, of which approximately—

22 (A) 55 percent was used in roofing prod23 ucts; 

24 (B) 26 percent was used in coatings; and 

25 (C) 19 percent was used in other products, 

26 such as friction products; 
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1 (4) the Department of Commerce estimates 

2 that the United States imports more than 

3 $100,000,000 of brake parts per year; 

4 (5) available evidence suggests that—

5 (A) imports of some types of asbestos-con6 taining products are increasing; and 

7 (B) some of those products are imported 

8 from foreign countries in which asbestos is 

9 poorly regulated; 

10 (6) families of workers are put at risk because 

11 of asbestos brought home by the workers on the 

12 shoes, clothes, skin, and hair of the workers; 

13 (7) the National Institutes of Health reported 

14 to Congress in 2006 that mesothelioma is a difficult 

15 disease to detect, diagnose, and treat; 

16 (8) the Environmental Working Group esti17 mates that as many as 10,000 citizens of the United 

18 States die each year from mesothelioma and other 

19 asbestos-related diseases; 

20 (9)(A) mesothelioma responds poorly to conven21 tional chemotherapy; and 

22 (B) although new combination treatments for 

23 mesothelioma have demonstrated some benefits—
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1 (i) the median survival period for mesothe2 lioma is only 1 year after diagnosis of the dis3 ease; and 

4 (ii) the majority of mesothelioma patients 

5 die within 2 years of diagnosis of the disease; 

6 (10) in hearings before Congress in the early 

7 1970s, the example of asbestos was used to justify 

8 the need for comprehensive legislation on toxic sub9 stances; 

10 (11) in 1976, Congress passed the Toxic Sub11 stances Control Act (15 U.S.C. 2601 et seq.); 

12 (12) in 1989, the Administrator of the Environ13 mental Protection Agency promulgated final regula14 tions under title II of the Toxic Substances Control 

15 Act (15 U.S.C. 2641 et seq.) to phase out asbestos 

16 in consumer products by 1997; 

17 (13) in 1991, the United States Court of Ap18 peals for the 5th Circuit overturned portions of the 

19 regulations, and the Federal Government did not ap20 peal the decision to the Supreme Court; 

21 (14) as a result, while new applications for as22 bestos were banned, asbestos is still being imported 

23 and used, and is otherwise present as a contami24 nant, in some consumer and industrial products in 

25 the United States; 
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1 (15) the National Cancer Institute recognizes a 

2 clear need for new agents to improve the outlook for 

3 patients with mesothelioma and other asbestos-re4 lated diseases; 

5 (16) the National Institutes of Health should 

6 continue to improve detection, treatment, and man7 agement of asbestos-related diseases, such as meso8 thelioma, including by providing continued support 

9 for the pleural mesothelioma treatment and research 

10 program and peritoneal surgical initiatives; 

11 (17) the Department of Defense should study 

12 diseases related to asbestos exposure in the military 

13 and veteran population, including by conducting re14 search in coordination with the National Institutes 

15 of Health on the early detection and treatment of 

16 mesothelioma; 

17 (18) with some exceptions relating to certain 

18 uses, asbestos has been banned in 40 countries, in19 cluding Argentina, Australia, Austria, Belgium, 

20 Chile, Croatia, the Czech Republic, Denmark, Esto21 nia, Finland, France, Germany, Iceland, Ireland, 

22 Italy, Japan, Latvia, Luxembourg, the Netherlands, 

23 Norway, Poland, Portugal, Saudi Arabia, the Slovak 

24 Republic, Spain, Sweden, Switzerland, and the 

25 United Kingdom; 
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1 (19) asbestos was banned throughout the Euro2 pean Union in 2005; and 

3 (20) banning asbestos from being used in or 

4 imported into the United States will provide cer5 tainty to manufacturers, builders, environmental re6 mediation firms, workers, and consumers that after 

7 a specific date, asbestos will not be used, added, or 

8 allowed to be knowingly present as a contaminant in 

9 new construction and manufacturing materials used 

10 in this country. 

11 SEC. 3. ASBESTOS-CONTAINING PRODUCTS. 

12 (a) IN GENERAL.—Title II of the Toxic Substances 

13 Control Act (15 U.S.C. 2641 et seq.) is amended—

14 (1) by inserting before section 201 (15 U.S.C. 

15 2641) the following: 

16 ‘‘Subtitle A—General Provisions’’; 

17 (2) in section 202(3) (15 U.S.C. 2642(3))—

18 (A) in each of subparagraphs (A) through 

19 (D), by striking the commas at the end of the 

20 subparagraphs and inserting semicolons; 

21 (B) in subparagraph (E), by striking ‘‘, 

22 or’’ and inserting a semicolon; 

23 (C) in subparagraph (F), by striking the 

24 period at the end and inserting a semicolon; 

25 and 
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1 (D) by adding at the end the following: 

2 ‘‘(G) any material formerly classified as 

3 tremolite, including—

4 ‘‘(i) winchite asbestos; and 

5 ‘‘(ii) richterite asbestos; and 

6 ‘‘(H) any asbestiform amphibole mineral.’’; 

7 and 

8 (3) by adding at the end the following: 

9 ‘‘Subtitle B—Asbestos-Containing 

10 Products 

11 ‘‘SEC. 221. DEFINITIONS. 

12 ‘‘In this subtitle: 

13 ‘‘(1) APPROPRIATE FEDERAL ENTITY.—The 

14 term ‘appropriate Federal entity’ means any appro15 priate Federal entity, as determined by the Director, 

16 including—

17 ‘‘(A) the Agency for Toxic Substances and 

18 Disease Registry; 

19 ‘‘(B) the Department of Health and 

20 Human Services; 

21 ‘‘(C) the Environmental Protection Agen22 cy; 

23 ‘‘(D) the Mine Safety and Health Adminis24 tration; 
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1 ‘‘(E) the National Institute of Standards 

2 and Technology; 

3 ‘‘(F) the United States Geological Survey; 

4 ‘‘(G) the National Institute of Environ5 mental Health Sciences; 

6 ‘‘(H) the National Institute for Occupa7 tional Safety and Health; and 

8 ‘‘(I) the Occupational Health and Safety 

9 Administration. 

10 ‘‘(2) ASBESTOS-CONTAINING PRODUCT.—The 

11 term ‘asbestos-containing product’ means any prod12 uct (including any part) to which asbestos is delib13 erately or knowingly added or in which asbestos is 

14 deliberately used or knowingly present in any con15 centration. 

16 ‘‘(3) ELONGATED MINERAL PARTICLE.—The 

17 term ‘elongated mineral particle’ means a single 

18 crystal or similarly elongated polycrystalline aggre19 gate particle with a length to width ratio of 3 to 1 

20 or greater. 

21 ‘‘(4) BIOPERSISTENT ELONGATED MINERAL

22 PARTICLE.—The term ‘biopersistent elongated min23 eral particle’ means an elongated mineral particle 

24 that—
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1 ‘‘(A) occurs naturally in the environment; 

2 and 

3 ‘‘(B) is similar to asbestos in—

4 ‘‘(i) resistance to dissolution; 

5 ‘‘(ii) leaching; and 

6 ‘‘(iii) other physical, chemical, or bio7 logical processes expected from contact 

8 with lung cells and other cells and fluids in 

9 the human body. 

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

11 the Director of the National Institute for Occupa12 tional Safety and Health. 

13 ‘‘(6) PERSON.—The term ‘person’ means—

14 ‘‘(A) any individual; 

15 ‘‘(B) any corporation, company, associa16 tion, firm, partnership, joint venture, sole pro17 prietorship, or other for-profit or nonprofit 

18 business entity (including any manufacturer, 

19 importer, distributor, or processor); 

20 ‘‘(C) any Federal, State, or local depart21 ment, agency, or instrumentality; and 

22 ‘‘(D) any interstate body. 

23 ‘‘SEC. 222. NATIONAL INSTITUTE FOR OCCUPATIONAL 

24 SAFETY AND HEALTH STUDIES. 

25 ‘‘(a) STUDIES.—
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1 ‘‘(1) CURRENT STATE OF SCIENCE STUDY.—

2 ‘‘(A) IN GENERAL.—The Director, in con3 sultation with the United States Geological Sur4 vey, the Environmental Protection Agency, the 

5 National Academy of Sciences, and appropriate 

6 Federal entities, shall conduct a study and, not 

7 later than 1 year after the date of enactment of 

8 this subtitle, submit to the Administrator, the 

9 Committees on Environment and Public Works 

10 and Health, Education, Labor, and Pensions of 

11 the Senate, the Committees on Energy and 

12 Commerce and Education and Labor of the 

13 House of Representatives, and other Federal 

14 agencies a report containing—

15 ‘‘(i) a description of the current state 

16 of the science relating to—

17 ‘‘(I) the disease mechanisms and 

18 health effects of exposure to non19 asbestiform minerals and elongated 

20 mineral particles; and 

21 ‘‘(II) methods for measuring and 

22 analyzing non-asbestiform minerals 

23 and elongated mineral particles; and 

24 ‘‘(ii) recommendations for—
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1 ‘‘(I) future research relating to 

2 diseases caused by exposure to—

3 ‘‘(aa) non-asbestiform min4 erals; and 

5 ‘‘(bb) elongated mineral par6 ticles; 

7 ‘‘(II) exposure assessment prac8 tice needs; 

9 ‘‘(III) any new classification of 

10 naturally occurring elongated mineral 

11 particles; and 

12 ‘‘(IV) 1 or more definitions and 

13 dimensions to be used for the quan14 tification and risk assessment of—

15 ‘‘(aa) non-asbestiform min16 erals; and 

17 ‘‘(bb) elongated mineral par18 ticles. 

19 ‘‘(B) COMPONENTS.—The report described 

20 in subparagraph (A) shall include—

21 ‘‘(i) peer-reviewed published literature; 

22 ‘‘(ii) regulatory decisions; and 

23 ‘‘(iii) information obtained from the 

24 National Institute for Occupational Safety 

25 Asbestos Research Roadmap. 
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1 ‘‘(2) MODE OF ACTION AND HEALTH EFFECTS

2 STUDY.—

3 ‘‘(A) IN GENERAL.—The Director, in con4 sultation with the Environmental Protection 

5 Agency, the National Academy of Sciences, and 

6 appropriate Federal entities, shall conduct a 

7 study—

8 ‘‘(i) to evaluate the known or potential 

9 mode of action and health effects of—

10 ‘‘(I) non-asbestiform minerals; 

11 and 

12 ‘‘(II) elongated mineral particles; 

13 and 

14 ‘‘(ii) to develop recommendations for a 

15 means by which to identify, distinguish, 

16 and measure any non-asbestiform mineral 

17 or elongated mineral particle that—

18 ‘‘(I) may cause any disease or 

19 health effect; or 

20 ‘‘(II) does not cause any disease 

21 or health effect. 

22 ‘‘(B) REPORT.—Not later than 18 months 

23 after the date of enactment of this subtitle, the 

24 Director shall submit to the Committees on En25 vironment and Public Works and Health, Edu-
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1 cation, Labor, and Pensions of the Senate, and 

2 the Committees on Energy and Commerce and 

3 Education and Labor of the House of Rep4 resentatives, a report containing—

5 ‘‘(i) a description of the manner by 

6 which non-asbestiform minerals and elon7 gated mineral particles possess the ability 

8 to remain biopersistent in the human body, 

9 with regard to the ability of non10 asbestiform minerals and elongated min11 eral particles—

12 ‘‘(I) to exhibit resistence to dis13 solution and leaching; and 

14 ‘‘(II) to induce other physical, 

15 chemical, and biological processes as a 

16 result of contact with—

17 ‘‘(aa) lung cells; and 

18 ‘‘(bb) other cells and fluids 

19 in the human body connected to 

20 a disease; 

21 ‘‘(ii) a description of the means by 

22 which to identify, distinguish, and measure 

23 any non-asbestiform mineral or elongated 

24 mineral particle that—
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1 ‘‘(I) may cause any disease or 

2 health effect, as determined by the 

3 Director, including—

4 ‘‘(aa) mesothelioma; 

5 ‘‘(bb) any other form of can6 cer; and 

7 ‘‘(cc) any other non-cancer 

8 form of disease; and 

9 ‘‘(II) does not cause any disease 

10 or health effect; and 

11 ‘‘(iii) recommendations for such con12 trols as the Director determines to be ap13 propriate to protect human health. 

14 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—

15 There are authorized to be appropriated such sums 

16 as are necessary to carry out this subsection. 

17 ‘‘(b) METHODOLOGY STUDY.—

18 ‘‘(1) IN GENERAL.—On the date on which the 

19 Director submits the report described in subsection 

20 (a)(2)(B), the Director shall initiate a study—

21 ‘‘(A) to develop improved sampling and an22 alytical methods for non-asbestiform minerals 

23 and elongated mineral particles; and 

24 ‘‘(B) to clarify the mechanism of action. 
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1 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—

2 There are authorized to be appropriated such sums 

3 as are necessary to carry out this subsection. 

4 ‘‘SEC. 223. PUBLIC EDUCATION PROGRAM. 

5 ‘‘(a) IN GENERAL.—Not later than 1 year after the 

6 date of enactment of this subtitle, the Administrator, in 

7 consultation with the Chairman of the Consumer Product 

8 Safety Commission, the Director of the Centers for Dis9 ease Control and Prevention, and the Secretary of Labor, 

10 shall establish a plan—

11 ‘‘(1) to increase awareness of the dangers posed 

12 by—

13 ‘‘(A) products having asbestos-containing 

14 materials in homes and workplaces; and 

15 ‘‘(B) asbestos-related diseases; 

16 ‘‘(2) to provide current and comprehensive in17 formation to asbestos-related disease patients, family 

18 members of patients, and front-line health care pro19 viders on—

20 ‘‘(A) the dangers of asbestos exposure; 

21 ‘‘(B) asbestos-related labeling information; 

22 ‘‘(C) health effects of exposure to asbestos; 

23 ‘‘(D) symptoms of asbestos exposure; and 
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1 ‘‘(E) available and developing treatments 

2 for asbestos-related diseases, including clinical 

3 trials; 

4 ‘‘(3) to encourage asbestos-related disease pa5 tients, family members of patients, and front-line 

6 health care providers to participate in research and 

7 treatment endeavors relating to asbestos; and 

8 ‘‘(4) to encourage health care providers and re9 searchers to provide to asbestos-related disease pa10 tients and family members of patients information 

11 relating to research, diagnostic, and clinical treat12 ments relating to asbestos. 

13 ‘‘(b) GREATEST RISKS.—In establishing the pro14 gram, the Administrator shall give priority to products 

15 that have asbestos-containing materials and are used by 

16 consumers and workers that pose the greatest risk of in17 jury to human health. 

18 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

19 are authorized to be appropriated such sums as are nec20 essary to carry out this section. 

21 ‘‘Subtitle C—Prohibition on 

22 Asbestos-Containing Materials 

23 ‘‘SEC. 231. DEFINITION OF DISTRIBUTE IN COMMERCE. 

24 ‘‘In this subtitle: 
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1 ‘‘(1) IN GENERAL.—The term ‘distribute in 

2 commerce’ has the meaning given the term in sec3 tion 3. 

4 ‘‘(2) EXCLUSIONS.—The term ‘distribute in 

5 commerce’ does not include—

6 ‘‘(A) the possession of an asbestos-con7 taining material by a person that is an end 

8 user; or 

9 ‘‘(B) the possession of an asbestos-con10 taining material by a person solely for the pur11 pose of disposal of the asbestos-containing ma12 terial in compliance with applicable Federal, 

13 State, and local requirements. 

14 ‘‘SEC. 232. PROHIBITION ON ASBESTOS-CONTAINING MATE15 RIALS. 

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

17 Administrator shall promulgate—

18 ‘‘(1) not later than 1 year after the date of en19 actment of this subtitle, proposed regulations that—

20 ‘‘(A) prohibit persons from importing, 

21 manufacturing, processing, or distributing in 

22 commerce asbestos-containing materials; and 

23 ‘‘(B) provide for implementation of sub24 sections (b) and (c); and 
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1 ‘‘(2) not later than 2 years after the date of en2 actment of this subtitle, final regulations that, effec3 tive beginning 60 days after the date of promulga4 tion, prohibit persons from importing, manufac5 turing, processing, or distributing in commerce as6 bestos-containing materials. 

7 ‘‘(b) EXEMPTIONS.—

8 ‘‘(1) IN GENERAL.—Any person may petition 

9 the Administrator for, and the Administrator may 

10 grant, an exemption from the requirements of sub11 section (a) if the Administrator determines that—

12 ‘‘(A) the exemption would not result in an 

13 unreasonable risk of injury to health or the en14 vironment; and 

15 ‘‘(B) the person has made good faith ef16 forts to develop, but has been unable to develop, 

17 a substance, or identify a mineral, that—

18 ‘‘(i) does not present an unreasonable 

19 risk of injury to health or the environment; 

20 and 

21 ‘‘(ii) may be substituted for an asbes22 tos-containing material. 

23 ‘‘(2) TERMS AND CONDITIONS.—An exemption 

24 granted under this subsection shall be in effect for 

25 such period (not to exceed a total of 3 years) and 
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1 subject to such terms and conditions as the Adminis2 trator may prescribe. 

3 ‘‘(3) GOVERNMENTAL USE.—

4 ‘‘(A) IN GENERAL.—The Administrator 

5 shall provide an exemption from the require6 ments of subsection (a), without review or limit 

7 on duration, if the exemption for asbestos-con8 taining material is—

9 ‘‘(i) sought by the Secretary of De10 fense and the Secretary certifies, and pro11 vides a copy of that certification to the Ad12 ministrator and Congress, that—

13 ‘‘(I) use of the asbestos con14 taining material is necessary to the 

15 critical functions of the Department; 

16 ‘‘(II) no reasonable alternatives 

17 to the asbestos containing material 

18 exist for the intended purpose; and 

19 ‘‘(III) use of the asbestos con20 taining material will not result in an 

21 unreasonable risk to health or the en22 vironment; or 

23 ‘‘(ii) sought by the Administrator of 

24 the National Aeronautics and Space Ad25 ministration and the Administrator of the 
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1 National Aeronautics and Space Adminis2 tration certifies, and provides a copy of 

3 that certification to Congress, that—

4 ‘‘(I) the asbestos-containing ma5 terial is necessary to the critical func6 tions of the National Aeronautics and 

7 Space Administration; 

8 ‘‘(II) no reasonable alternatives 

9 to the asbestos-containing material 

10 exist for the intended purpose; and 

11 ‘‘(III) the use of the asbestos12 containing material will not result in 

13 an unreasonable risk to health or the 

14 environment. 

15 ‘‘(B) ADMINISTRATIVE PROCEDURE ACT.—

16 Any exemption provided by the Administrator 

17 under subparagraph (A), and any certification 

18 made by the Secretary of Defense under sub19 paragraph (A)(i) shall not be subject to the pro20 visions of subchapter II of chapter 5, and chap21 ter 7, of title 5, United States Code (commonly 

22 known as the ‘Administrative Procedure Act’). 

23 ‘‘(4) DIAPHRAGMS FOR EXISTING ELEC24 TROLYSIS INSTALLATIONS.—
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1 ‘‘(A) IN GENERAL.—The requirements of 

2 subsection (a) shall not apply to any diaphragm 

3 electrolysis installation in existence as of the 

4 date of enactment of this subtitle. 

5 ‘‘(B) REVIEW.—

6 ‘‘(i) IN GENERAL.—Not later than 3 

7 years after the date of enactment of this 

8 subtitle, and every 6 years thereafter, the 

9 Administrator shall review the exemption 

10 provided under subparagraph (A) to deter11 mine the appropriateness of the exemption. 

12 ‘‘(ii) SCOPE.—In conducting the re13 view of the exemption provided under sub14 paragraph (A), the Administrator shall ex15 amine the risk of injury to an individual 

16 relating to the operation by the individual 

17 of each diaphragm electrolysis installation 

18 described in subparagraph (A). 

19 ‘‘(iii) PUBLIC PARTICIPATION.—In 

20 conducting the review of the exemption 

21 provided under subparagraph (A), the Ad22 ministrator shall provide public notice and 

23 a 30-day period of public comment. 

24 ‘‘(C) DECISION RELATING TO EXTENSION

25 OF EXEMPTION.—Upon completion of a review 
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1 of a diaphragm electrolysis installation under 

2 subparagraph (B)(i), if the Administrator de3 termines that the diaphragm electrolysis instal4 lation poses an unreasonable risk of injury to 

5 health or the environment, the Administrator 

6 may terminate the exemption provided to the 

7 diaphragm electrolysis installation under sub8 paragraph (A). 

9 ‘‘(c) DISPOSAL.—

10 ‘‘(1) IN GENERAL.—Except as provided in para11 graph (2), not later than 2 years after the date of 

12 enactment of this subtitle, each person that pos13 sesses asbestos-containing material that is subject to 

14 the prohibition established under this section shall 

15 dispose of the asbestos-containing material, by a 

16 means that is in compliance with applicable Federal, 

17 State, and local requirements. 

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

19 ‘‘(A) applies to asbestos-containing mate20 rial that—

21 ‘‘(i) is no longer in the stream of com22 merce; or 

23 ‘‘(ii) is in the possession of an end 

24 user; or 
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1 ‘‘(B) requires that asbestos-containing ma2 terial described in subparagraph (A) be re3 moved or replaced. 

4 ‘‘(d) COMPLIANCE TESTING.—

5 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

6 and in accordance with paragraph (3), not later than 

7 1 year after the date on which the Administrator 

8 promulgates the regulations under subsection (a), 

9 and annually thereafter, to ensure compliance with 

10 those regulations, the Administrator shall carry out 

11 tests on an appropriate quantity of products, as de12 termined by the Administrator, to determine if the 

13 products have asbestos-containing material. 

14 ‘‘(2) EXEMPTED PRODUCTS.—In carrying out 

15 the compliance testing under paragraph (1), the Ad16 ministrator shall not carry out any test on any prod17 uct that contains any material that is the subject of 

18 an exemption described in subsection (b). 

19 ‘‘(3) APPROPRIATE TEST METHODOLOGIES.—In 

20 carrying out the compliance testing under paragraph 

21 (1), the Administrator shall use the appropriate test 

22 methodology for each product that is the subject of 

23 the compliance testing. 

24 ‘‘(4) ANNUAL REPORT.—
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1 ‘‘(A) IN GENERAL.—Upon completion of 

2 each annual testing period described in para3 graph (1), the Administrator shall prepare a re4 port for the annual testing period covered by 

5 the report, describing those products that have 

6 asbestos-containing material. 

7 ‘‘(B) PUBLIC AVAILABILITY.—Not later 

8 than 90 days after the date of completion of 

9 each annual testing period described in para10 graph (1), the Administrator shall make the re11 port for the annual testing period covered by 

12 the report available to the public.’’. 

13 (b) CONFORMING AMENDMENT.—The table of con14 tents in sections 1 of the Toxic Substances Control Act 

15 (15 U.S.C. prec. 2601) is amended—

16 (1) by inserting before the item relating to sec17 tion 201 the following:

‘‘Subtitle A–General Provisions’’;

18 and 

19 (2) by adding at the end of the items relating 

20 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.’’.
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1 SEC. 4. ASBESTOS-RELATED DISEASES. 

2 Subpart 1 of part C of title IV of the Public Health 

3 Service Act (42 U.S.C. 285 et seq.) is amended by adding 

4 at the end the following: 

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

6 ‘‘(a) IN GENERAL.—The Secretary, acting through 

7 the Director of NIH and the Director of the Centers for 

8 Disease Control and Prevention, shall expand, intensify, 

9 and coordinate programs for the conduct and support of 

10 research on diseases caused by exposure to asbestos, par11 ticularly mesothelioma, asbestosis, and pleural injuries. 

12 ‘‘(b) ADMINISTRATION.—The Secretary shall carry 

13 out this section in collaboration with—

14 ‘‘(1) the Administrator of the Agency for Toxic 

15 Substances and Disease Registry; 

16 ‘‘(2) the Director of the National Institute for 

17 Occupational Safety and Health; and 

18 ‘‘(3) the head of any other agency, as the Sec19 retary determines to be appropriate. 

20 ‘‘(c) ASBESTOS-RELATED DISEASE REGISTRY.—

21 ‘‘(1) IN GENERAL.—Not later than 1 year after 

22 the date of enactment of this section, the Director 

23 of the Centers for Disease Control and Prevention, 

24 in cooperation with the Director of the National In25 stitute for Occupational Safety and Health and the 

26 Administrator of the Agency for Toxic Substances 
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1 and Disease Registry, shall establish a mechanism 

2 by which to obtain, coordinate, and provide data and 

3 specimens from—

4 ‘‘(A) State cancer registries and other can5 cer registries; 

6 ‘‘(B) the National Mesothelioma Virtual 

7 Registry and Tissue Bank; and 

8 ‘‘(C) each entity participating in the asbes9 tos-related disease research and treatment net10 work established under section 417F(a). 

11 ‘‘(2) TREATMENT.—The data and specimens 

12 described in paragraph (1) shall form the basis for 

13 establishing a national clearinghouse for data and 

14 specimens relating to asbestos-related diseases, with 

15 a particular emphasis on mesothelioma. 

16 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—In ad17 dition to amounts made available for the purposes de18 scribed in subsection (a) under other law, there are au19 thorized to be appropriated to carry out this section such 

20 sums as are necessary for fiscal year 2008 and each fiscal 

21 year thereafter. 

22 ‘‘SEC. 417F. ASBESTOS-RELATED DISEASE RESEARCH AND 

23 TREATMENT NETWORK. 

24 ‘‘(a) ESTABLISHMENT.—For each of fiscal years 

25 2008 through 2012, the Director of NIH, in collaboration 
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1 with other applicable Federal, State, and local agencies 

2 and departments, shall establish and maintain an asbes3 tos-related disease research and treatment network (re4 ferred to in this section as the ‘Network’) to support the 

5 detection, prevention, treatment, and cure of asbestos-re6 lated diseases, with particular emphasis on malignant 

7 mesothelioma. 

8 ‘‘(b) INCLUSIONS.—The Network shall include—

9 ‘‘(1) intramural research initiatives of the Na10 tional Institutes of Health; and 

11 ‘‘(2) at least 10 extramural asbestos-related dis12 ease research and treatment centers, as selected by 

13 the Director of NIH in accordance with subsection 

14 (c). 

15 ‘‘(c) EXTRAMURAL ASBESTOS-RELATED DISEASE

16 RESEARCH AND TREATMENT CENTERS.—

17 ‘‘(1) IN GENERAL.—For each fiscal year during 

18 which the Network is operated and maintained 

19 under subsection (a), the Director of NIH shall se20 lect for inclusion in the Network not less than 10 

21 nonprofit hospitals, universities, or medical or re22 search institutions incorporated or organized in the 

23 United States that, as determined by the Director of 

24 NIH—
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1 ‘‘(A) have exemplary experience and quali2 fications in research and treatment of asbestos3 related diseases; 

4 ‘‘(B) have access to an appropriate popu5 lation of patients with asbestos-related diseases; 

6 and 

7 ‘‘(C) are geographically distributed 

8 throughout the United States, with special con9 sideration given to areas of high incidence of 

10 asbestos-related diseases. 

11 ‘‘(2) REQUIREMENTS.—Each center selected 

12 under paragraph (1) shall—

13 ‘‘(A) be chosen by the Director of NIH 

14 after competitive peer review; 

15 ‘‘(B) conduct laboratory and clinical re16 search, including clinical trials, relating to—

17 ‘‘(i) mechanisms for effective thera18 peutic treatment of asbestos-related dis19 eases; 

20 ‘‘(ii) early detection and prevention of 

21 asbestos-related diseases; 

22 ‘‘(iii) palliation of asbestos-related dis23 ease symptoms; and 

24 ‘‘(iv) pain management with respect 

25 to asbestos-related diseases; 
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1 ‘‘(C) offer to asbestos-related disease pa2 tients travel and lodging assistance as nec3 essary—

4 ‘‘(i) to accommodate the maximum 

5 number of patients practicable; and 

6 ‘‘(ii) to serve a number of patients at 

7 the center sufficient to conduct a meaning8 ful clinical trial; 

9 ‘‘(D) seek to collaborate with at least 1 

10 medical center of the Department of Veterans 

11 Affairs to provide research benefits and care to 

12 veterans who have suffered excessively from as13 bestos-related diseases, particularly mesothe14 lioma; and 

15 ‘‘(E) coordinate the research and treat16 ment efforts of the center (including specimen 

17 sharing and use of common infomatics) with 

18 other entities included in—

19 ‘‘(i) the Network; and 

20 ‘‘(ii) the National Virtual Mesothe21 lioma Registry and Tissue Bank. 

22 ‘‘(3) PERIOD OF INCLUSION.—A center selected 

23 by the Director of NIH under this subsection shall 

24 be included in the Network for—
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1 ‘‘(A) the 1-year period beginning on the 

2 date of selection of the center; or 

3 ‘‘(B) such longer period as the Director of 

4 NIH determines to be appropriate. 

5 ‘‘(d) GRANTS.—The Director of NIH shall provide to 

6 each center selected for inclusion in the Network under 

7 subsection (c) for the fiscal year a grant in an amount 

8 equal to $1,000,000 to support the detection, prevention, 

9 treatment, and cure of asbestos-related diseases, with par10 ticular emphasis on malignant mesothelioma. 

11 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 

12 is authorized to be appropriated to carry out this section 

13 $10,000,000 for each of fiscal years 2008 through 2012. 

14 ‘‘SEC. 417G. DEPARTMENT OF DEFENSE RESEARCH. 

15 ‘‘(a) IN GENERAL.—The Secretary, acting through 

16 the United States Army Medical Research and Materiel 

17 Command, shall support research on mesothelioma and 

18 other asbestos-related diseases that has clear scientific 

19 value and direct relevance to the health of members and 

20 veterans of the Armed Forces, in accordance with the ap21 propriate congressionally directed medical research pro22 gram, with the goal of advancing the understanding, early 

23 detection, and treatment of asbestos-related mesothelioma 

24 and other asbestos-related diseases. 
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1 ‘‘(b) ADMINISTRATION.—The Secretary shall carry 

2 out this section in collaboration with—

3 ‘‘(1) the Director of NIH; 

4 ‘‘(2) the Director of the National Institute of 

5 Occupational Safety and Health; and 

6 ‘‘(3) the head of any other agency, as the Sec7 retary determines to be appropriate. 

8 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

9 are authorized to be appropriated to carry out this section 

10 such sums as are necessary for fiscal year 2008 and each 

11 fiscal year thereafter.’’. 

Passed the Senate October 4, 2007. 

Attest:

Secretary. 
110TH CONGRESS 

1ST SESSION S. 742

AN ACT

To amend the Toxic Substances Control Act to recontaining material, and for other purposes. taining materials and products having asbestos- duce the health risks posed by asbestos-con-