II 

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. 

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) there is no known safe level of exposure to 

11 asbestos; 

12 (7) even low levels of exposure to asbestos may 

13 cause asbestos-related diseases, including mesothe14 lioma; 

15 (8) millions of workers in the United States 

16 have been, and continue to be, exposed to dangerous 

17 levels of asbestos; 

18 (9) worker deaths from noncancerous lung dis19 ease can occur at levels of exposure to asbestos 

20 below the levels allowed by the Occupational Safety 

21 and Health Administration as of the date of enact22 ment of this Act; 

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

24 of asbestos brought home by the workers on the 

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


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(11) approximately 1 1 ⁄3 of mesothelioma victims 

2 were exposed to asbestos while serving the United 

3 States on Navy ships or shipyards; 

4 (12) the National Institutes of Health reported 

5 to Congress in 2006 that mesothelioma is a difficult 

6 disease to detect, diagnose, and treat; 

7 (13) the Environmental Working Group esti8 mates that as many as 10,000 citizens of the United 

9 States die each year from mesothelioma and other 

10 asbestos-related diseases; 

11 (14)(A) mesothelioma responds poorly to con12 ventional chemotherapy; and 

13 (B) although new combination treatments for 

14 mesothelioma have demonstrated some benefits— 

15 (i) the median survival period for mesothe16 lioma is only 1 year after diagnosis of the dis17 ease; and 

18 (ii) the majority of mesothelioma patients 

19 die within 2 years of diagnosis of the disease; 

20 (15) in hearings before Congress in the early 

21 1970s, the example of asbestos was used to justify 

22 the need for comprehensive legislation on toxic sub23 stances; 

24 (16) in 1976, Congress passed the Toxic Sub25 stances Control Act (15 U.S.C. 2601 et seq.); 


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1 (17) in 1989, the Administrator promulgated 

2 final regulations under title II of the Toxic Sub3 stances Control Act (15 U.S.C. 2641 et seq.) to 

4 phase out asbestos in consumer products by 1997; 

5 (18) in 1991, the United States Court of Ap6 peals for the 5th Circuit overturned portions of the 

7 regulations, and the Federal Government did not ap8 peal the decision to the Supreme Court; 

9 (19) as a result, while new applications for as10 bestos were banned, asbestos is still being imported 

11 and used in some consumer and industrial products 

12 in the United States; 

13 (20) the National Cancer Institute recognizes a 

14 clear need for new agents to improve the outlook for 

15 patients with mesothelioma and other asbestos-re16 lated diseases; 

17 (21) the National Institutes of Health should 

18 continue to improve detection, treatment, and man19 agement of asbestos-related diseases, such as meso20 thelioma, including by providing continued support 

21 for the pleural mesothelioma treatment and research 

22 program and peritoneal surgical initiatives; 

23 (22) given the risk of asbestos exposure for 

24 members and veterans of the Armed Forces, the De25 partment of Defense has an obligation to study disVerDate Aug 31 2005 07:07 Aug 03, 2007 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6401 E:\BILLS\S742.RS S742

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1 eases related to asbestos exposure in the military 

2 and veteran population, including by conducting re3 search in coordination with the National Institutes 

4 of Health on the early detection and treatment of 

5 mesothelioma; 

6 (23) asbestos has been banned in 40 countries, 

7 including Argentina, Australia, Austria, Belgium, 

8 Chile, Croatia, the Czech Republic, Denmark, Esto9 nia, Finland, France, Germany, Iceland, Ireland, 

10 Italy, Japan, Latvia, Luxembourg, the Netherlands, 

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

12 Republic, Spain, Sweden, Switzerland, and the 

13 United Kingdom; 

14 (24) asbestos was banned throughout the Euro15 pean Union in 2005; and 

16 (25) banning asbestos from being used in or 

17 imported into the United States will provide cer18 tainty to manufacturers, builders, environmental re19 mediation firms, workers, and consumers that after 

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

21 to new construction and manufacturing materials 

22 used in this country. 

23 SEC. 3. ASBESTOS-CONTAINING PRODUCTS. 

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

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


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

2 2641) the following: 

3 ‘‘Subtitle A—General Provisions’’; 

4 and 

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

6 ‘‘Subtitle B—Asbestos-Containing 

7 Products 

8 ‘‘SEC. 221. DEFINITIONS. 

9 ‘‘In this subtitle: 

10 ‘‘(1) 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 or knowingly used in any concentration. 

15 ‘‘(2) BIOPERSISTENT DURABLE FIBER.— 

16 ‘‘(A) IN GENERAL.—The term ‘bioper17 sistent durable fiber’ means a silicate fiber 

18 that— 

19 ‘‘(i) occurs naturally in the environ20 ment; and 

21 ‘‘(ii) is similar to asbestos in— 

22 ‘‘(I) resistance to dissolution; 

23 ‘‘(II) leaching; and 

24 ‘‘(III) other physical, chemical, 

25 or biological processes expected from 


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1 contact with lung cells and other cells 

2 and fluids in the human body. 

3 ‘‘(B) INCLUSIONS.—The term ‘bioper4 sistent durable fiber’ includes— 

5 ‘‘(i) richterite; 

6 ‘‘(ii) winchite; 

7 ‘‘(iii) erionite; and 

8 ‘‘(iv) non-asbestiform varieties of 

9 amosite, crocidolite, anthophyllite, 

10 tremolite, and actinolite. 

11 ‘‘(3) CONTAMINANT-ASBESTOS PRODUCT.—The 

12 term ‘contaminant-asbestos product’ means any 

13 product that contains asbestos as a contaminant of 

14 any mineral or other substance, in any concentra15 tion. 

16 ‘‘(4) DISTRIBUTE IN COMMERCE.— 

17 ‘‘(A) IN GENERAL.—The term ‘distribute 

18 in commerce’ has the meaning given the term 

19 in section 3. 

20 ‘‘(B) EXCLUSIONS.—The term ‘distribute 

21 in commerce’ does not include— 

22 ‘‘(i) an action taken with respect to 

23 an asbestos-containing product in connec24 tion with the end use of the asbestos-conVerDate Aug 31 2005 07:07 Aug 03, 2007 Jkt 059200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6401 E:\BILLS\S742.RS S742

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1 taining product by a person that is an end 

2 user; or 

3 ‘‘(ii) distribution of an asbestos-con4 taining product by a person solely for the 

5 purpose of disposal of the asbestos-con6 taining product in compliance with applica7 ble Federal, State, and local requirements. 

8 ‘‘(5) FIBER.—The term ‘fiber’ means an acic9 ular single crystal or similarly elongated 

10 polycrystalline aggregate particle with a length to 

11 width ratio of 3 to 1 or greater. 

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

13 ‘‘(A) any individual; 

14 ‘‘(B) any corporation, company, associa15 tion, firm, partnership, joint venture, sole pro16 prietorship, or other for-profit or nonprofit 

17 business entity (including any manufacturer, 

18 importer, distributor, or processor); 

19 ‘‘(C) any Federal, State, or local depart20 ment, agency, or instrumentality; and 

21 ‘‘(D) any interstate body. 

22 ‘‘SEC. 222. NATIONAL INSTITUTE FOR OCCUPATIONAL 

23 SAFETY AND HEALTH STUDY. 

24 ‘‘(a) IN GENERAL.—The National Institute for Occu25 pational Safety and Health shall conduct a study and, not 


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1 later than 18 months after the date of enactment of this 

2 subtitle, submit to the Administrator, the Committees on 

3 Environment and Public Works and Health, Education, 

4 Labor, and Pensions of the Senate, and other Federal 

5 agencies, as appropriate, a report containing— 

6 ‘‘(1) a description of the current state of the 

7 science relating to— 

8 ‘‘(A) the disease mechanisms and health 

9 effects of exposure to asbestos and other bioper10 sistent durable fibers; and 

11 ‘‘(B) methods for measuring and analyzing 

12 asbestos; 

13 ‘‘(2) a description of the current status of label14 ing practices relating to asbestos-containing mate15 rial; and 

16 ‘‘(3) recommendations for future asbestos-re17 lated disease research and exposure assessment 

18 practice needs. 

19 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There 

20 are authorized to be appropriated such sums as are nec21 essary to carry out this section. 

22 ‘‘SEC. 223. PROHIBITION ON ASBESTOS-CONTAINING PROD23 UCTS. 

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

25 Administrator shall promulgate— 


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1 ‘‘(1) not later than 1 year after the date of en2 actment of this subtitle, proposed regulations that— 

3 ‘‘(A) prohibit persons from importing, 

4 manufacturing, processing, or distributing in 

5 commerce asbestos-containing products; and 

6 ‘‘(B) provide for implementation of sub7 sections (b) and (c); and 

8 ‘‘(2) not later than 2 years after the date of en9 actment of this subtitle, final regulations that, effec10 tive beginning 60 days after the date of promulga11 tion, prohibit persons from importing, manufac12 turing, processing, or distributing in commerce as13 bestos-containing products. 

14 ‘‘(b) EXEMPTIONS.— 

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

16 the Administrator for, and the Administrator may 

17 grant, an exemption from the requirements of sub18 section (a) if the Administrator determines that— 

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

20 unreasonable risk of injury to public health or 

21 the environment; and 

22 ‘‘(B) the person has made good faith ef23 forts to develop, but has been unable to develop, 

24 a substance, or identify a mineral, that— 


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1 ‘‘(i) does not present an unreasonable 

2 risk of injury to public health or the envi3 ronment; and 

4 ‘‘(ii) may be substituted for an asbes5 tos-containing product. 

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

7 granted under this subsection shall be in effect for 

8 such period (not to exceed 1 year) and subject to 

9 such terms and conditions as the Administrator may 

10 prescribe. 

11 ‘‘(3) GOVERNMENTAL USE.—The Administrator 

12 shall provide an exemption from the requirements of 

13 subsection (a), without review or limit on duration, 

14 if the exemption for an asbestos-containing product 

15 is— 

16 ‘‘(A) sought by the Secretary of Defense 

17 and the Secretary certifies, and provides a copy 

18 of that certification to Congress, that— 

19 ‘‘(i) use of the asbestos containing 

20 product is necessary to the critical func21 tions of the Department; 

22 ‘‘(ii) no reasonable alternatives to the 

23 asbestos containing product exist for the 

24 intended purpose; and 


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1 ‘‘(iii) use of the asbestos containing 

2 product will not result in an unreasonable 

3 risk to health or the environment; or 

4 ‘‘(B) sought by the Administrator of the 

5 National Aeronautics and Space Administration 

6 and the Administrator of the National Aero7 nautics and Space Administration certifies, and 

8 provides a copy of that certification to Con9 gress, that— 

10 ‘‘(i) the asbestos-containing product is 

11 necessary to the critical functions of the 

12 National Aeronautics and Space Adminis13 tration; 

14 ‘‘(ii) no reasonable alternatives to the 

15 asbestos-containing product exist for the 

16 intended purpose; and 

17 ‘‘(iii) the use of the asbestos-con18 taining product will not result in an unrea19 sonable risk to health or the environment. 

20 ‘‘(c) DISPOSAL.— 

21 ‘‘(1) IN GENERAL.—Except as provided in para22 graph (2), not later than 2 years after the date of 

23 enactment of this subtitle, each person that pos24 sesses an asbestos-containing product that is subject 

25 to the prohibition established under this section shall 


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1 dispose of the asbestos-containing product, by a 

2 means that is in compliance with applicable Federal, 

3 State, and local requirements. 

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

5 ‘‘(A) applies to an asbestos-containing 

6 product that— 

7 ‘‘(i) is no longer in the stream of com8 merce; or 

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

10 user; or 

11 ‘‘(B) requires that an asbestos-containing 

12 product described in subparagraph (A) be re13 moved or replaced. 

14 ‘‘SEC. 224. PUBLIC EDUCATION PROGRAM. 

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

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

17 consultation with the Chairman of the Consumer Product 

18 Safety Commission, the Director of the Centers for Dis19 ease Control and Prevention, and the Secretary of Labor, 

20 shall establish a plan— 

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

22 by— 

23 ‘‘(A) asbestos-containing products and con24 taminants in homes and workplaces; and 

25 ‘‘(B) asbestos-related diseases; 


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1 ‘‘(2) to provide current and comprehensive in2 formation to asbestos-related disease patients, family 

3 members of patients, and front-line health care pro4 viders on— 

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

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

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

8 ‘‘(D) symptoms of asbestos exposure; and 

9 ‘‘(E) available and developing treatments 

10 for asbestos-related diseases, including clinical 

11 trials; 

12 ‘‘(3) to encourage asbestos-related disease pa13 tients, family members of patients, and front-line 

14 health care providers to participate in research and 

15 treatment endeavors relating to asbestos; and 

16 ‘‘(4) to encourage health care providers and re17 searchers to provide to asbestos-related disease pa18 tients and family members of patients information 

19 relating to research, diagnostic, and clinical treat20 ments relating to asbestos. 

21 ‘‘(b) GREATEST RISKS.—In establishing the pro22 gram, the Administrator shall give priority to asbestos23 containing products and contaminant-asbestos products 

24 used by consumers and workers that pose the greatest risk 

25 of injury to human health. 


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

2 are authorized to be appropriated such sums as are nec3 essary to carry out this section.’’. 

4 (b) CONFORMING AMENDMENT.—The table of con5 tents in sections 1 of the Toxic Substances Control Act 

6 (15 U.S.C. prec. 2601) is amended— 

7 (1) by inserting before the item relating to sec8 tion 201 the following: 

‘‘Subtitle A–General Provisions’’; 

9 and 

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

11 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.’’. 

12 SEC. 4. ASBESTOS-RELATED DISEASES. 

13 (a) IN GENERAL.—Subpart 1 of part C of title IV 

14 of the Public Health Service Act (42 U.S.C. 285 et seq.) 

15 is amended by adding at the end the following: 

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

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

18 the Director of NIH and the Director of the Centers for 

19 Disease Control and Prevention, shall expand, intensify, 

20 and coordinate programs for the conduct and support of 

21 research on diseases caused by exposure to asbestos, par22 ticularly mesothelioma, asbestosis, and pleural injuries. 


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

2 out this section in collaboration with— 

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

4 Substances and Disease Registry; 

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

6 Occupational Safety and Health; and 

7 ‘‘(3) the head of any other agency, as the Sec8 retary determines to be appropriate. 

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

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

11 the date of enactment of this section, the Director 

12 of the Centers for Disease Control and Prevention, 

13 in cooperation with the Director of the National In14 stitute for Occupational Safety and Health and the 

15 Administrator of the Agency for Toxic Substances 

16 and Disease Registry, shall establish a mechanism 

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

18 specimens from— 

19 ‘‘(A) State cancer registries and other can20 cer registries; 

21 ‘‘(B) the National Mesothelioma Virtual 

22 Registry and Tissue Bank; and 

23 ‘‘(C) each entity participating in the asbes24 tos-related disease research and treatment net25 work established under section 417F(a). 


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

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

3 establishing a national clearinghouse for data and 

4 specimens relating to asbestos-related diseases, with 

5 a particular emphasis on mesothelioma. 

6 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—In ad7 dition to amounts made available for the purposes de8 scribed in subsection (a) under other law, there are au9 thorized to be appropriated to carry out this section such 

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

11 year thereafter. 

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

13 TREATMENT NETWORK. 

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

15 2008 through 2012, the Director of NIH, in collaboration 

16 with other applicable Federal, State, and local agencies 

17 and departments, shall establish and maintain an asbes18 tos-related disease research and treatment network (re19 ferred to in this section as the ‘Network’) to support the 

20 detection, prevention, treatment, and cure of asbestos-re21 lated diseases, with particular emphasis on malignant 

22 mesothelioma. 

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

24 ‘‘(1) intramural research initiatives of the Na25 tional Institutes of Health; and 


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1 ‘‘(2) at least 10 extramural asbestos-related dis2 ease research and treatment centers, as selected by 

3 the Director of NIH in accordance with subsection 

4 (c). 

5 ‘‘(c) EXTRAMURAL ASBESTOS-RELATED DISEASE

6 RESEARCH AND TREATMENT CENTERS.— 

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

8 which the Network is operated and maintained 

9 under subsection (a), the Director of NIH shall se10 lect for inclusion in the Network not less than 10 

11 nonprofit hospitals, universities, or medical or re12 search institutions incorporated or organized in the 

13 United States that, as determined by the Director of 

14 NIH— 

15 ‘‘(A) have exemplary experience and quali16 fications in research and treatment of asbestos17 related diseases; 

18 ‘‘(B) have access to an appropriate popu19 lation of patients with asbestos-related diseases; 

20 and 

21 ‘‘(C) are geographically distributed 

22 throughout the United States, with special con23 sideration given to areas of high incidence of 

24 asbestos-related diseases. 


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

2 under paragraph (1) shall— 

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

4 after competitive peer review; 

5 ‘‘(B) conduct laboratory and clinical re6 search, including clinical trials, relating to— 

7 ‘‘(i) mechanisms for effective thera8 peutic treatment of asbestos-related dis9 eases; 

10 ‘‘(ii) early detection and prevention of 

11 asbestos-related diseases; 

12 ‘‘(iii) palliation of asbestos-related dis13 ease symptoms; and 

14 ‘‘(iv) pain management with respect 

15 to asbestos-related diseases; 

16 ‘‘(C) offer to asbestos-related disease pa17 tients travel and lodging assistance as nec18 essary— 

19 ‘‘(i) to accommodate the maximum 

20 number of patients practicable; and 

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

22 the center sufficient to conduct a meaning23 ful clinical trial; 

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

25 medical center of the Department of Veterans 


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1 Affairs to provide research benefits and care to 

2 veterans who have suffered excessively from as3 bestos-related diseases, particularly mesothe4 lioma; and 

5 ‘‘(E) coordinate the research and treat6 ment efforts of the center (including specimen 

7 sharing and use of common infomatics) with 

8 other entities included in— 

9 ‘‘(i) the Network; and 

10 ‘‘(ii) the National Virtual Mesothe11 lioma Registry and Tissue Bank. 

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

13 by the Director of NIH under this subsection shall 

14 be included in the Network for— 

15 ‘‘(A) the 1-year period beginning on the 

16 date of selection of the center; or 

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

18 NIH determines to be appropriate. 

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

20 each center selected for inclusion in the Network under 

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

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

23 treatment, and cure of asbestos-related diseases, with par24 ticular emphasis on malignant mesothelioma. 


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

2 is authorized to be appropriated to carry out this section 

3 $10,000,000 for each of fiscal years 2008 through 2012. 

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

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

6 the United States Army Medical Research and Materiel 

7 Command, shall support research on mesothelioma and 

8 other asbestos-related diseases that has clear scientific 

9 value and direct relevance to the health of members and 

10 veterans of the Armed Forces, in accordance with the ap11 propriate congressionally directed medical research pro12 gram, with the goal of advancing the understanding, early 

13 detection, and treatment of asbestos-related mesothelioma 

14 and other asbestos-related diseases. 

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

16 out this section in collaboration with— 

17 ‘‘(1) the Director of NIH; 

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

19 Occupational Safety and Health; and 

20 ‘‘(3) the head of any other agency, as the Sec21 retary determines to be appropriate. 

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

23 are authorized to be appropriated to carry out this section 

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

25 fiscal year thereafter.’’. 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Ban Asbestos in America 

3 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 category 

8 A human carcinogen, the highest cancer hazard classi9 fication for a substance; and 

10 (B) the International Agency for Research on 

11 Cancer has classified asbestos as a class 1 human car12 cinogen; 

13 (2) many people in the United States incorrectly 

14 believe that— 

15 (A) asbestos has been banned in the United 

16 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 reported 

20 that, in 2006, the United States used 2,000 metric 

21 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 that 

2 the United States imports more than $100,000,000 of 

3 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 poor9 ly regulated; 

10 (6) there is no known safe level of exposure to as11 bestos; 

12 (7) even low levels of exposure to asbestos may 

13 cause asbestos-related diseases, including mesothe14 lioma; 

15 (8) millions of workers in the United States have 

16 been, and continue to be, exposed to dangerous levels 

17 of asbestos; 

18 (9) worker deaths from noncancerous lung dis19 ease can occur at levels of exposure to asbestos below 

20 the levels allowed by the Occupational Safety and 

21 Health Administration as of the date of enactment of 

22 this Act; 

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

24 of asbestos brought home by the workers on the shoes, 

25 clothes, skin, and hair of the workers; 


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(11) approximately 1 1 ⁄3 of mesothelioma victims 

2 were exposed to asbestos while serving the United 

3 States on Navy ships or shipyards; 

4 (12) the National Institutes of Health reported to 

5 Congress in 2006 that mesothelioma is a difficult dis6 ease to detect, diagnose, and treat; 

7 (13) the Environmental Working Group esti8 mates that as many as 10,000 citizens of the United 

9 States die each year from mesothelioma and other as10 bestos-related diseases; 

11 (14)(A) mesothelioma responds poorly to conven12 tional chemotherapy; and 

13 (B) although new combination treatments for 

14 mesothelioma have demonstrated some benefits— 

15 (i) the median survival period for mesothe16 lioma is only 1 year after diagnosis of the dis17 ease; and 

18 (ii) the majority of mesothelioma patients 

19 die within 2 years of diagnosis of the disease; 

20 (15) in hearings before Congress in the early 

21 1970s, the example of asbestos was used to justify the 

22 need for comprehensive legislation on toxic substances; 

23 (16) in 1976, Congress passed the Toxic Sub24 stances Control Act (15 U.S.C. 2601 et seq.); 


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1 (17) in 1989, the Administrator of the Environ2 mental Protection Agency promulgated final regula3 tions under title II of the Toxic Substances Control 

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

5 consumer products by 1997; 

6 (18) in 1991, the United States Court of Appeals 

7 for the 5th Circuit overturned portions of the regula8 tions, and the Federal Government did not appeal the 

9 decision to the Supreme Court; 

10 (19) as a result, while new applications for as11 bestos were banned, asbestos is still being imported 

12 and used, and is otherwise present as a contaminant, 

13 in some consumer and industrial products in the 

14 United States; 

15 (20) the National Cancer Institute recognizes a 

16 clear need for new agents to improve the outlook for 

17 patients with mesothelioma and other asbestos-related 

18 diseases; 

19 (21) the National Institutes of Health should 

20 continue to improve detection, treatment, and man21 agement of asbestos-related diseases, such as mesothe22 lioma, including by providing continued support for 

23 the pleural mesothelioma treatment and research pro24 gram and peritoneal surgical initiatives; 


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1 (22) the Department of Defense should study dis2 eases related to asbestos exposure in the military and 

3 veteran population, including by conducting research 

4 in coordination with the National Institutes of Health 

5 on the early detection and treatment of mesothelioma; 

6 (23) with some exceptions relating to certain 

7 uses, asbestos has been banned in 40 countries, in8 cluding Argentina, Australia, Austria, Belgium, 

9 Chile, Croatia, the Czech Republic, Denmark, Esto10 nia, Finland, France, Germany, Iceland, Ireland, 

11 Italy, Japan, Latvia, Luxembourg, the Netherlands, 

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

13 Republic, Spain, Sweden, Switzerland, and the 

14 United Kingdom; 

15 (24) asbestos was banned throughout the Euro16 pean Union in 2005; and 

17 (25) banning asbestos from being used in or im18 ported into the United States will provide certainty 

19 to manufacturers, builders, environmental remedi20 ation firms, workers, and consumers that after a spe21 cific date, asbestos will not be used, added, or allowed 

22 to be knowingly present as a contaminant in new 

23 construction and manufacturing materials used in 

24 this country. 


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1 SEC. 3. ASBESTOS-CONTAINING PRODUCTS. 

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

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

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

5 2641) the following: 

6 ‘‘Subtitle A—General Provisions’’; 

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

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

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

10 subparagraphs and inserting semicolons; 

11 (B) in subparagraph (E), by striking ‘‘, or’’ 

12 and inserting a semicolon; 

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

14 period at the end and inserting a semicolon; and 

15 (D) by adding at the end the following: 

16 ‘‘(G) any material formerly classified as 

17 tremolite, including— 

18 ‘‘(i) winchite asbestos; and 

19 ‘‘(ii) richterite asbestos; and 

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

21 and 

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

23 ‘‘Subtitle B—Asbestos-Containing 

24 Products 

25 ‘‘SEC. 221. DEFINITIONS. 

26 ‘‘In this subtitle: 


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

2 ‘appropriate Federal entity’ means any appropriate 

3 Federal entity, as determined by the Director, includ4 ing— 

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

6 Disease Registry; 

7 ‘‘(B) the Department of Health and Human 

8 Services; 

9 ‘‘(C) the Environmental Protection Agency; 

10 ‘‘(D) the Mine Safety and Health Adminis11 tration; 

12 ‘‘(E) the National Institute of Standards 

13 and Technology; 

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

15 ‘‘(G) the National Institute of Environ16 mental Health Sciences; 

17 ‘‘(H) the National Institute for Occupa18 tional Safety and Health; and 

19 ‘‘(I) the Occupational Health and Safety 

20 Administration. 

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

22 term ‘asbestos-containing product’ means any product 

23 (including any part) to which asbestos is deliberately 

24 or knowingly added or in which asbestos is delibVerDate Aug 31 2005 07:07 Aug 03, 2007 Jkt 059200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6203 E:\BILLS\S742.RS S742

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1 erately used or knowingly present in any concentra2 tion. 

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

4 ‘elongated mineral particle’ means a single crystal or 

5 similarly elongated polycrystalline aggregate particle 

6 with a length to width ratio of 3 to 1 or greater. 

7 ‘‘(4) BIOPERSISTENT ELONGATED MINERAL PAR8 TICLE.—The term ‘biopersistent elongated mineral 

9 particle’ means an elongated mineral particle that— 

10 ‘‘(A) occurs naturally in the environment; 

11 and 

12 ‘‘(B) is similar to asbestos in— 

13 ‘‘(i) resistance to dissolution; 

14 ‘‘(ii) leaching; and 

15 ‘‘(iii) other physical, chemical, or bio16 logical processes expected from contact with 

17 lung cells and other cells and fluids in the 

18 human body. 

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

20 Director of the National Institute for Occupational 

21 Safety and Health. 

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

23 ‘‘(A) any individual; 

24 ‘‘(B) any corporation, company, associa25 tion, firm, partnership, joint venture, sole proVerDate Aug 31 2005 07:07 Aug 03, 2007 Jkt 059200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6203 E:\BILLS\S742.RS S742

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1 prietorship, or other for-profit or nonprofit busi2 ness entity (including any manufacturer, im3 porter, distributor, or processor); 

4 ‘‘(C) any Federal, State, or local depart5 ment, agency, or instrumentality; and 

6 ‘‘(D) any interstate body. 

7 ‘‘SEC. 222. NATIONAL INSTITUTE FOR OCCUPATIONAL SAFE8 TY AND HEALTH STUDIES. 

9 ‘‘(a) STUDIES.— 

10 ‘‘(1) CURRENT STATE OF SCIENCE STUDY.— 

11 ‘‘(A) IN GENERAL.—The Director, in con12 sultation with the United States Geological Sur13 vey, the Environmental Protection Agency, the 

14 National Academy of Sciences, and appropriate 

15 Federal entities, shall conduct a study and, not 

16 later than 1 year after the date of enactment of 

17 this subtitle, submit to the Administrator, the 

18 Committees on Environment and Public Works 

19 and Health, Education, Labor, and Pensions of 

20 the Senate, the Committees on Energy and Com21 merce and Education and Labor of the House of 

22 Representatives, and other Federal agencies a re23 port containing— 

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

25 of the science relating to— 


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1 ‘‘(I) the disease mechanisms and 

2 health effects of exposure to non3 asbestiform minerals and elongated 

4 mineral particles; and 

5 ‘‘(II) methods for measuring and 

6 analyzing non-asbestiform minerals 

7 and elongated mineral particles; and 

8 ‘‘(ii) recommendations for— 

9 ‘‘(I) future research relating to 

10 diseases caused by exposure to— 

11 ‘‘(aa) non-asbestiform min12 erals; and 

13 ‘‘(bb) elongated mineral par14 ticles; 

15 ‘‘(II) exposure assessment practice 

16 needs; 

17 ‘‘(III) any new classification of 

18 naturally occurring elongated mineral 

19 particles; and 

20 ‘‘(IV) 1 or more definitions and 

21 dimensions to be used for the quan22 tification and risk assessment of— 

23 ‘‘(aa) non-asbestiform min24 erals; and 


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1 ‘‘(bb) elongated mineral par2 ticles. 

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

4 in subparagraph (A) shall include— 

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

6 ‘‘(ii) regulatory decisions; and 

7 ‘‘(iii) information obtained from the 

8 National Institute for Occupational Safety 

9 Asbestos Research Roadmap. 

10 ‘‘(2) MODE OF ACTION AND HEALTH EFFECTS

11 STUDY.— 

12 ‘‘(A) IN GENERAL.—The Director, in con13 sultation with the Environmental Protection 

14 Agency, the National Academy of Sciences, and 

15 appropriate Federal entities, shall conduct a 

16 study— 

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

18 mode of action and health effects of— 

19 ‘‘(I) non-asbestiform minerals; 

20 and 

21 ‘‘(II) elongated mineral particles; 

22 and 

23 ‘‘(ii) to develop recommendations for a 

24 means by which to identify, distinguish, 


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1 and measure any non-asbestiform mineral 

2 or elongated mineral particle that— 

3 ‘‘(I) may cause any disease or 

4 health effect; or 

5 ‘‘(II) does not cause any disease 

6 or health effect. 

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

8 after the date of enactment of this subtitle, the 

9 Director shall submit to the Committees on En10 vironment and Public Works and Health, Edu11 cation, Labor, and Pensions of the Senate, and 

12 the Committees on Energy and Commerce and 

13 Education and Labor of the House of Represent14 atives, a report containing— 

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

16 which non-asbestiform minerals and elon17 gated mineral particles possess the ability to 

18 remain biopersistent in the human body, 

19 with regard to the ability of non-asbestiform 

20 minerals and elongated mineral particles— 

21 ‘‘(I) to exhibit resistence to dis22 solution and leaching; and 

23 ‘‘(II) to induce other physical, 

24 chemical, and biological processes as a 

25 result of contact with— 


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1 ‘‘(aa) lung cells; and 

2 ‘‘(bb) other cells and fluids in 

3 the human body connected to a 

4 disease; 

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

6 which to identify, distinguish, and measure 

7 any non-asbestiform mineral or elongated 

8 mineral particle that— 

9 ‘‘(I) may cause any disease or 

10 health effect, as determined by the Di11 rector, including— 

12 ‘‘(aa) mesothelioma; 

13 ‘‘(bb) any other form of can14 cer; and 

15 ‘‘(cc) any other non-cancer 

16 form of disease; and 

17 ‘‘(II) does not cause any disease 

18 or health effect; and 

19 ‘‘(iii) recommendations for such con20 trols as the Director determines to be appro21 priate to protect human health. 

22 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— 

23 There are authorized to be appropriated such sums as 

24 are necessary to carry out this subsection. 

25 ‘‘(b) METHODOLOGY STUDY.— 


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

2 Director submits the report described in subsection 

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

4 ‘‘(A) to develop improved sampling and an5 alytical methods for non-asbestiform minerals 

6 and elongated mineral particles; and 

7 ‘‘(B) to clarify the mechanism of action. 

8 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— 

9 There are authorized to be appropriated such sums as 

10 are necessary to carry out this subsection. 

11 ‘‘SEC. 223. PUBLIC EDUCATION PROGRAM. 

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

13 date of enactment of this subtitle, the Administrator, in con14 sultation with the Chairman of the Consumer Product Safe15 ty Commission, the Director of the Centers for Disease Con16 trol and Prevention, and the Secretary of Labor, shall estab17 lish a plan— 

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

19 by— 

20 ‘‘(A) products having asbestos-containing 

21 materials in homes and workplaces; and 

22 ‘‘(B) asbestos-related diseases; 

23 ‘‘(2) to provide current and comprehensive infor24 mation to asbestos-related disease patients, family 


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1 members of patients, and front-line health care pro2 viders on— 

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

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

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

6 ‘‘(D) symptoms of asbestos exposure; and 

7 ‘‘(E) available and developing treatments 

8 for asbestos-related diseases, including clinical 

9 trials; 

10 ‘‘(3) to encourage asbestos-related disease pa11 tients, family members of patients, and front-line 

12 health care providers to participate in research and 

13 treatment endeavors relating to asbestos; and 

14 ‘‘(4) to encourage health care providers and re15 searchers to provide to asbestos-related disease pa16 tients and family members of patients information re17 lating to research, diagnostic, and clinical treatments 

18 relating to asbestos. 

19 ‘‘(b) GREATEST RISKS.—In establishing the program, 

20 the Administrator shall give priority to products that have 

21 asbestos-containing materials and are used by consumers 

22 and workers that pose the greatest risk of injury to human 

23 health. 


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1 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are 

2 authorized to be appropriated such sums as are necessary 

3 to carry out this section. 

4 ‘‘Subtitle C—Prohibition on 

5 Asbestos-Containing Materials 

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

7 ‘‘In this subtitle: 

8 ‘‘(1) IN GENERAL.—The term ‘distribute in com9 merce’ has the meaning given the term in section 3. 

10 ‘‘(2) EXCLUSIONS.—The term ‘distribute in com11 merce’ does not include— 

12 ‘‘(A) the possession of an asbestos-con13 taining material by a person that is an end 

14 user; or 

15 ‘‘(B) the possession of an asbestos-con16 taining material by a person solely for the pur17 pose of disposal of the asbestos-containing mate18 rial in compliance with applicable Federal, 

19 State, and local requirements. 

20 ‘‘SEC. 232. PROHIBITION ON ASBESTOS-CONTAINING MATE21 RIALS. 

22 ‘‘(a) IN GENERAL.—Subject to subsection (b), the Ad23 ministrator shall promulgate— 

24 ‘‘(1) not later than 1 year after the date of enact25 ment of this subtitle, proposed regulations that— 


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1 ‘‘(A) prohibit persons from importing, man2 ufacturing, processing, or distributing in com3 merce asbestos-containing materials; and 

4 ‘‘(B) provide for implementation of sub5 sections (b) and (c); and 

6 ‘‘(2) not later than 2 years after the date of en7 actment of this subtitle, final regulations that, effec8 tive beginning 60 days after the date of promulgation, 

9 prohibit persons from importing, manufacturing, 

10 processing, or distributing in commerce asbestos-con11 taining materials. 

12 ‘‘(b) EXEMPTIONS.— 

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

14 Administrator for, and the Administrator may grant, 

15 an exemption from the requirements of subsection (a) 

16 if the Administrator determines that— 

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

18 unreasonable risk of injury to health or the envi19 ronment; and 

20 ‘‘(B) the person has made good faith efforts 

21 to develop, but has been unable to develop, a sub22 stance, or identify a mineral, that— 

23 ‘‘(i) does not present an unreasonable 

24 risk of injury to health or the environment; 

25 and 


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1 ‘‘(ii) may be substituted for an asbes2 tos-containing material. 

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

4 granted under this subsection shall be in effect for 

5 such period (not to exceed a total of 3 years) and sub6 ject to such terms and conditions as the Adminis7 trator may prescribe. 

8 ‘‘(3) GOVERNMENTAL USE.— 

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

10 shall provide an exemption from the require11 ments of subsection (a), without review or limit 

12 on duration, if the exemption for asbestos-con13 taining material is— 

14 ‘‘(i) sought by the Secretary of Defense 

15 and the Secretary certifies, and provides a 

16 copy of that certification to the Adminis17 trator and Congress, that— 

18 ‘‘(I) use of the asbestos containing 

19 material is necessary to the critical 

20 functions of the Department; 

21 ‘‘(II) no reasonable alternatives to 

22 the asbestos containing material exist 

23 for the intended purpose; and 

24 ‘‘(III) use of the asbestos con25 taining material will not result in an 


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1 unreasonable risk to health or the envi2 ronment; or 

3 ‘‘(ii) sought by the Administrator of 

4 the National Aeronautics and Space Ad5 ministration and the Administrator of the 

6 National Aeronautics and Space Adminis7 tration certifies, and provides a copy of that 

8 certification to Congress, that— 

9 ‘‘(I) the asbestos-containing mate10 rial is necessary to the critical func11 tions of the National Aeronautics and 

12 Space Administration; 

13 ‘‘(II) no reasonable alternatives to 

14 the asbestos-containing material exist 

15 for the intended purpose; and 

16 ‘‘(III) the use of the asbestos-con17 taining material will not result in an 

18 unreasonable risk to health or the envi19 ronment. 

20 ‘‘(B) ADMINISTRATIVE PROCEDURE ACT.— 

21 Any exemption provided by the Administrator 

22 under subparagraph (A), and any certification 

23 made by the Secretary of Defense under subpara24 graph (A)(i) shall not be subject to the provisions 

25 of subchapter II of chapter 5, and chapter 7, of 


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1 title 5, United States Code (commonly known as 

2 the ‘Administrative Procedure Act’). 

3 ‘‘(4) DIAPHRAGMS FOR EXISTING ELECTROLYSIS

4 INSTALLATIONS.— 

5 ‘‘(A) IN GENERAL.—The requirements of 

6 subsection (a) shall not apply to any diaphragm 

7 electrolysis installation in existence as of the 

8 date of enactment of this subtitle. 

9 ‘‘(B) REVIEW.— 

10 ‘‘(i) IN GENERAL.—Not later than 3 

11 years after the date of enactment of this 

12 subtitle, and every 6 years thereafter, the 

13 Administrator shall review the exemption 

14 provided under subparagraph (A) to deter15 mine the appropriateness of the exemption. 

16 ‘‘(ii) SCOPE.—In conducting the re17 view of the exemption provided under sub18 paragraph (A), the Administrator shall ex19 amine the risk of injury to an individual 

20 relating to the operation by the individual 

21 of each diaphragm electrolysis installation 

22 described in subparagraph (A). 

23 ‘‘(iii) PUBLIC PARTICIPATION.—In 

24 conducting the review of the exemption pro25 vided under subparagraph (A), the AdminVerDate Aug 31 2005 07:07 Aug 03, 2007 Jkt 059200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6203 E:\BILLS\S742.RS S742

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1 istrator shall provide public notice and a 

2 30-day period of public comment. 

3 ‘‘(C) DECISION RELATING TO EXTENSION OF

4 EXEMPTION.—Upon completion of a review of a 

5 diaphragm electrolysis installation under sub6 paragraph (B)(i), if the Administrator deter7 mines that the diaphragm electrolysis installa8 tion poses an unreasonable risk of injury to 

9 health or the environment, the Administrator 

10 may terminate the exemption provided to the di11 aphragm electrolysis installation under subpara12 graph (A). 

13 ‘‘(c) DISPOSAL.— 

14 ‘‘(1) IN GENERAL.—Except as provided in para15 graph (2), not later than 2 years after the date of en16 actment of this subtitle, each person that possesses as17 bestos-containing material that is subject to the prohi18 bition established under this section shall dispose of 

19 the asbestos-containing material, by a means that is 

20 in compliance with applicable Federal, State, and 

21 local requirements. 

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

23 ‘‘(A) applies to asbestos-containing material 

24 that— 


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1 ‘‘(i) is no longer in the stream of com2 merce; or 

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

4 user; or 

5 ‘‘(B) requires that asbestos-containing mate6 rial described in subparagraph (A) be removed 

7 or replaced. 

8 ‘‘(d) COMPLIANCE TESTING.— 

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

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

11 1 year after the date on which the Administrator pro12 mulgates the regulations under subsection (a), and 

13 annually thereafter, to ensure compliance with those 

14 regulations, the Administrator shall carry out tests on 

15 an appropriate quantity of products, as determined 

16 by the Administrator, to determine if the products 

17 have asbestos-containing material. 

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

19 the compliance testing under paragraph (1), the Ad20 ministrator shall not carry out any test on any prod21 uct that contains any material that is the subject of 

22 an exemption described in subsection (b). 

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

24 carrying out the compliance testing under paragraph 

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


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1 methodology for each product that is the subject of the 

2 compliance testing. 

3 ‘‘(4) ANNUAL REPORT.— 

4 ‘‘(A) IN GENERAL.—Upon completion of 

5 each annual testing period described in para6 graph (1), the Administrator shall prepare a re7 port for the annual testing period covered by the 

8 report, describing those products that have asbes9 tos-containing material. 

10 ‘‘(B) PUBLIC AVAILABILITY.—Not later than 

11 90 days after the date of completion of each an12 nual testing period described in paragraph (1), 

13 the Administrator shall make the report for the 

14 annual testing period covered by the report 

15 available to the public.’’. 

16 (b) CONFORMING AMENDMENT.—The table of contents 

17 in sections 1 of the Toxic Substances Control Act (15 U.S.C. 

18 prec. 2601) is amended— 

19 (1) by inserting before the item relating to sec20 tion 201 the following: 

‘‘Subtitle A–General Provisions’’; 

21 and 

22 (2) by adding at the end of the items relating to 

23 title II the following: 

‘‘Subtitle B—Asbestos-Containing Products 

‘‘Sec. 221. Definitions. 


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‘‘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.’’. 

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 the 

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

8 Control and Prevention, shall expand, intensify, and co9 ordinate programs for the conduct and support of research 

10 on diseases caused by exposure to asbestos, particularly 

11 mesothelioma, asbestosis, and pleural injuries. 

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

13 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 of 


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1 the Centers for Disease Control and Prevention, in co2 operation with the Director of the National Institute 

3 for Occupational Safety and Health and the Adminis4 trator of the Agency for Toxic Substances and Disease 

5 Registry, shall establish a mechanism by which to ob6 tain, coordinate, and provide data and specimens 

7 from— 

8 ‘‘(A) State cancer registries and other can9 cer registries; 

10 ‘‘(B) the National Mesothelioma Virtual 

11 Registry and Tissue Bank; and 

12 ‘‘(C) each entity participating in the asbes13 tos-related disease research and treatment net14 work established under section 417F(a). 

15 ‘‘(2) TREATMENT.—The data and specimens de16 scribed in paragraph (1) shall form the basis for es17 tablishing a national clearinghouse for data and 

18 specimens relating to asbestos-related diseases, with a 

19 particular emphasis on mesothelioma. 

20 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—In addi21 tion to amounts made available for the purposes described 

22 in subsection (a) under other law, there are authorized to 

23 be appropriated to carry out this section such sums as are 

24 necessary for fiscal year 2008 and each fiscal year there25 after. 


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

2 TREATMENT NETWORK. 

3 ‘‘(a) ESTABLISHMENT.—For each of fiscal years 2008 

4 through 2012, the Director of NIH, in collaboration with 

5 other applicable Federal, State, and local agencies and de6 partments, shall establish and maintain an asbestos-related 

7 disease research and treatment network (referred to in this 

8 section as the ‘Network’) to support the detection, preven9 tion, treatment, and cure of asbestos-related diseases, with 

10 particular emphasis on malignant mesothelioma. 

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

12 ‘‘(1) intramural research initiatives of the Na13 tional Institutes of Health; and 

14 ‘‘(2) at least 10 extramural asbestos-related dis15 ease research and treatment centers, as selected by the 

16 Director of NIH in accordance with subsection (c). 

17 ‘‘(c) EXTRAMURAL ASBESTOS-RELATED DISEASE RE18 SEARCH AND TREATMENT CENTERS.— 

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

20 which the Network is operated and maintained under 

21 subsection (a), the Director of NIH shall select for in22 clusion in the Network not less than 10 nonprofit hos23 pitals, universities, or medical or research institu24 tions incorporated or organized in the United States 

25 that, as determined by the Director of 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 through8 out the United States, with special consideration 

9 given to areas of high incidence of asbestos-re10 lated diseases. 

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

12 under paragraph (1) shall— 

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

14 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 diseases; 

19 ‘‘(ii) early detection and prevention of 

20 asbestos-related diseases; 

21 ‘‘(iii) palliation of asbestos-related dis22 ease symptoms; and 

23 ‘‘(iv) pain management with respect to 

24 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 med10 ical center of the Department of Veterans Affairs 

11 to provide research benefits and care to veterans 

12 who have suffered excessively from asbestos-re13 lated diseases, particularly mesothelioma; and 

14 ‘‘(E) coordinate the research and treatment 

15 efforts of the center (including specimen sharing 

16 and use of common infomatics) with other enti17 ties included in— 

18 ‘‘(i) the Network; and 

19 ‘‘(ii) the National Virtual Mesothe20 lioma Registry and Tissue Bank. 

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

22 by the Director of NIH under this subsection shall be 

23 included in the Network for— 

24 ‘‘(A) the 1-year period beginning on the 

25 date of selection of the center; or 


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

2 NIH determines to be appropriate. 

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

4 each center selected for inclusion in the Network under sub5 section (c) for the fiscal year a grant in an amount equal 

6 to $1,000,000 to support the detection, prevention, treat7 ment, and cure of asbestos-related diseases, with particular 

8 emphasis on malignant mesothelioma. 

9 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is 

10 authorized to be appropriated to carry out this section 

11 $10,000,000 for each of fiscal years 2008 through 2012. 

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

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

14 United States Army Medical Research and Materiel Com15 mand, shall support research on mesothelioma and other 

16 asbestos-related diseases that has clear scientific value and 

17 direct relevance to the health of members and veterans of 

18 the Armed Forces, in accordance with the appropriate con19 gressionally directed medical research program, with the 

20 goal of advancing the understanding, early detection, and 

21 treatment of asbestos-related mesothelioma and other asbes22 tos-related diseases. 

23 ‘‘(b) ADMINISTRATION.—The Secretary shall carry out 

24 this section in collaboration with— 

25 ‘‘(1) the Director of NIH; 


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1 ‘‘(2) the Director of the National Institute of Oc2 cupational Safety and Health; and 

3 ‘‘(3) the head of any other agency, as the Sec4 retary determines to be appropriate. 

5 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are 

6 authorized to be appropriated to carry out this section such 

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

8 year thereafter.’’. 


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bajohnson on PROD1PC69 with BILLS
Calendar No. 321 

110TH CONGRESS 

1ST SESSION S. 742 

A BILL 

To amend the Toxic Substances Control Act to retaining products, and for other purposes. duce the health risks posed by asbestos-conAUGUST 2, 2007 

Reported with an amendment 


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