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

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, and Mr. Reid) introduced the following 
bill; which was read twice and referred to the Committee on Environment 
                            and Public Works

_______________________________________________________________________

                                 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,

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 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 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) 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;
            (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;
            (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 
        or added to 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'';

        and
            (2) by adding at the end the following:

               ``Subtitle B--Asbestos-Containing Products

``SEC. 221. DEFINITIONS.

    ``In this subtitle:
            ``(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.
            ``(2) Biopersistent durable fiber.--
                    ``(A) In general.--The term `biopersistent durable 
                fiber' means a silicate fiber that--
                            ``(i) occurs naturally in the environment; 
                        and
                            ``(ii) 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.
                    ``(B) Inclusions.--The term `biopersistent durable 
                fiber' includes--
                            ``(i) richterite;
                            ``(ii) winchite;
                            ``(iii) erionite; and
                            ``(iv) non-asbestiform varieties of 
                        amosite, crocidolite, anthophyllite, tremolite, 
                        and actinolite.
            ``(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.
            ``(4) Distribute in commerce.--
                    ``(A) In general.--The term `distribute in 
                commerce' has the meaning given the term in section 3.
                    ``(B) Exclusions.--The term `distribute in 
                commerce' does not include--
                            ``(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
                            ``(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.
            ``(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.
            ``(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 
              STUDY.

    ``(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--
            ``(1) a description of the current state of the science 
        relating to--
                    ``(A) the disease mechanisms and health effects of 
                exposure to asbestos and other biopersistent durable 
                fibers; and
                    ``(B) methods for measuring and analyzing asbestos;
            ``(2) a description of the current status of labeling 
        practices relating to asbestos-containing material; and
            ``(3) recommendations for future asbestos-related disease 
        research and exposure assessment practice needs.
    ``(b) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section.

``SEC. 223. PROHIBITION ON ASBESTOS-CONTAINING PRODUCTS.

    ``(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 products; 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 products.
    ``(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 public 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 public health or the environment; 
                        and
                            ``(ii) may be substituted for an asbestos-
                        containing product.
            ``(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.
            ``(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--
                    ``(A) sought by the Secretary of Defense and the 
                Secretary certifies, and provides a copy of that 
                certification to Congress, that--
                            ``(i) use of the asbestos containing 
                        product is necessary to the critical functions 
                        of the Department;
                            ``(ii) no reasonable alternatives to the 
                        asbestos containing product exist for the 
                        intended purpose; and
                            ``(iii) use of the asbestos containing 
                        product will not result in an unreasonable risk 
                        to health or the environment; or
                    ``(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--
                            ``(i) the asbestos-containing product is 
                        necessary to the critical functions of the 
                        National Aeronautics and Space Administration;
                            ``(ii) no reasonable alternatives to the 
                        asbestos-containing product exist for the 
                        intended purpose; and
                            ``(iii) the use of the asbestos-containing 
                        product will not result in an unreasonable risk 
                        to health or the environment.
    ``(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 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.
            ``(2) Exemption.--Nothing in paragraph (1)--
                    ``(A) applies to an asbestos-containing product 
                that--
                            ``(i) is no longer in the stream of 
                        commerce; or
                            ``(ii) is in the possession of an end user; 
                        or
                    ``(B) requires that an asbestos-containing product 
                described in subparagraph (A) be removed or replaced.

``SEC. 224. 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) asbestos-containing products and contaminants 
                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 asbestos-containing products and 
contaminant-asbestos products 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.''.
    (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 
                            study.
``Sec. 223. Prohibition on asbestos-containing products.
``Sec. 224. Public education program.''.

SEC. 4. ASBESTOS-RELATED DISEASES.

    (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:

``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.''.
                                 <all>
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