regulations, and the Federal Government did not ap-
peal the decision to the Supreme Court; 
(22) as a result, while new applications for as-
bestos were banned, asbestos is still being imported 
and used, and is otherwise present as a contami-
nant, in some consumer and industrial products in 
the United States; 
(23) the National Cancer Institute recognizes a 
clear need for new agents to improve the outlook for 
patients with mesothelioma and other asbestos-re-
lated diseases; 
(24) the National Institutes of Health should 
continue to improve detection, treatment, and man-
agement of asbestos-related diseases, such as meso-
thelioma, including by providing continued support 
for the pleural mesothelioma treatment and research 
program and peritoneal surgical initiatives; 
(25) the Department of Defense should study 
diseases related to asbestos exposure in the military 
and veteran population, including by conducting re-
search in coordination with the National Institutes 
of Health on the early detection and treatment of 
mesothelioma; 
(26) with some exceptions relating to certain 
uses, asbestos has been banned in 40 countries, in-
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cluding Argentina, Australia, Austria, Belgium, 
Chile, Croatia, the Czech Republic, Denmark, Esto-
nia, 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; 
(27) asbestos was banned throughout the Euro-
pean Union in 2005; and 
(28) banning asbestos from being used in or 
imported into the United States will provide cer-
tainty to manufacturers, builders, environmental re-
mediation firms, workers, and consumers that after 
a specific date, asbestos will not be used, added, or 
allowed to be knowingly present as a contaminant in 
new construction and manufacturing materials used 
in this country. 
SEC. 3. ASBESTOS-CONTAINING PRODUCTS. 
(a) IN GENERAL.—Title II of the Toxic Substances 
Control Act (15 U.S.C. 2641 et seq.) is amended— 
(1) by inserting before section 201 (15 U.S.C. 
2641) the following: 
‘‘Subtitle A—General Provisions’’; 
(2) in section 202(3) (15 U.S.C. 2642(3))— 
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(A) in each of subparagraphs (A) through 
(D), by striking the commas at the end of the 
subparagraphs and inserting semicolons; 
(B) in subparagraph (E), by striking ‘‘, 
or’’ and inserting a semicolon; 
(C) in subparagraph (F), by striking the 
period at the end and inserting a semicolon; 
and 
(D) by adding at the end the following: 
‘‘(G) any material formerly classified as 
tremolite, including— 
‘‘(i) winchite asbestos; and 
‘‘(ii) richterite asbestos; and 
‘‘(H) any asbestiform amphibole mineral.’’; 
and 
(3) by adding at the end the following: 
‘‘Subtitle B—Asbestos-Containing 
Products 
‘‘SEC. 221. DEFINITIONS. 
‘‘In this subtitle: 
‘‘(1) APPROPRIATE
FEDERAL
ENTITY.—The 
term ‘appropriate Federal entity’ means any appro-
priate Federal entity, as determined by the Director, 
including— 
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‘‘(A) the Agency for Toxic Substances and 
Disease Registry; 
‘‘(B) the Department of Health and 
Human Services; 
‘‘(C) the Environmental Protection Agen-
cy; 
‘‘(D) the Mine Safety and Health Adminis-
tration; 
‘‘(E) the National Institute of Standards 
and Technology; 
‘‘(F) the United States Geological Survey; 
‘‘(G) the National Institute of Environ-
mental Health Sciences; 
‘‘(H) the National Institute for Occupa-
tional Safety and Health; and 
‘‘(I) the Occupational Health and Safety 
Administration. 
‘‘(2) ASBESTOS-CONTAINING
PRODUCT.—The 
term ‘asbestos-containing product’ means any prod-
uct (including any part) to which asbestos is delib-
erately or knowingly added or in which asbestos is 
deliberately used or knowingly present in any con-
centration. 
‘‘(3) ELONGATED
MINERAL
PARTICLE.—The 
term ‘elongated mineral particle’ means a single 
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crystal or similarly elongated polycrystalline aggre-
gate particle with a length to width ratio of 3 to 1 
or greater. 
‘‘(4) BIOPERSISTENT
ELONGATED
MINERAL 
PARTICLE.—The term ‘biopersistent elongated min-
eral particle’ means an elongated mineral particle 
that— 
‘‘(A) occurs naturally in the environment; 
and 
‘‘(B) is similar to asbestos in— 
‘‘(i) resistance to dissolution; 
‘‘(ii) leaching; and 
‘‘(iii) other physical, chemical, or bio-
logical processes expected from contact 
with lung cells and other cells and fluids in 
the human body. 
‘‘(5) DIRECTOR.—The term ‘Director’ means 
the Director of the National Institute for Occupa-
tional Safety and Health. 
‘‘(6) PERSON.—The term ‘person’ means— 
‘‘(A) any individual; 
‘‘(B) any corporation, company, associa-
tion, firm, partnership, joint venture, sole pro-
prietorship, or other for-profit or nonprofit 
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business entity (including any manufacturer, 
importer, distributor, or processor); 
‘‘(C) any Federal, State, or local depart-
ment, agency, or instrumentality; and 
‘‘(D) any interstate body. 
‘‘SEC. 222. NATIONAL INSTITUTE FOR OCCUPATIONAL 
SAFETY AND HEALTH STUDIES. 
‘‘(a) STUDIES.— 
‘‘(1) CURRENT STATE OF SCIENCE STUDY.— 
‘‘(A) IN GENERAL.—The Director, in con-
sultation with the United States Geological Sur-
vey, the Environmental Protection Agency, the 
National Academy of Sciences, and appropriate 
Federal entities, shall conduct a study and, not 
later than 1 year after the date of enactment of 
this subtitle, submit to the Administrator, the 
Committees on Environment and Public Works 
and Health, Education, Labor, and Pensions of 
the Senate, the Committees on Energy and 
Commerce and Education and Labor of the 
House of Representatives, and other Federal 
agencies a report containing— 
‘‘(i) a description of the current state 
of the science relating to— 
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‘‘(I) the disease mechanisms and 
health effects of exposure to non- 
asbestiform minerals and elongated 
mineral particles; and 
‘‘(II) methods for measuring and 
analyzing non-asbestiform minerals 
and elongated mineral particles; and 
‘‘(ii) recommendations for— 
‘‘(I) future research relating to 
diseases caused by exposure to— 
‘‘(aa) non-asbestiform min-
erals; and 
‘‘(bb) elongated mineral par-
ticles; 
‘‘(II) exposure assessment prac-
tice needs; 
‘‘(III) any new classification of 
naturally occurring elongated mineral 
particles; and 
‘‘(IV) 1 or more definitions and 
dimensions to be used for the quan-
tification and risk assessment of— 
‘‘(aa) non-asbestiform min-
erals; and 
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‘‘(bb) elongated mineral par-
ticles. 
‘‘(B) COMPONENTS.—The report described 
in subparagraph (A) shall include— 
‘‘(i) peer-reviewed published literature; 
‘‘(ii) regulatory decisions; and 
‘‘(iii) information obtained from the 
National Institute for Occupational Safety 
Asbestos Research Roadmap. 
‘‘(2) MODE OF ACTION AND HEALTH EFFECTS 
STUDY.— 
‘‘(A) IN GENERAL.—The Director, in con-
sultation with the Environmental Protection 
Agency, the National Academy of Sciences, and 
appropriate Federal entities, shall conduct a 
study— 
‘‘(i) to evaluate the known or potential 
mode of action and health effects of— 
‘‘(I) non-asbestiform minerals; 
and 
‘‘(II) elongated mineral particles; 
and 
‘‘(ii) to develop recommendations for a 
means by which to identify, distinguish, 
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and measure any non-asbestiform mineral 
or elongated mineral particle that— 
‘‘(I) may cause any disease or 
health effect; or 
‘‘(II) does not cause any disease 
or health effect. 
‘‘(B) REPORT.—Not later than 18 months 
after the date of enactment of this subtitle, the 
Director shall submit to the Committees on En-
vironment and Public Works and Health, Edu-
cation, Labor, and Pensions of the Senate, and 
the Committees on Energy and Commerce and 
Education and Labor of the House of Rep-
resentatives, a report containing— 
‘‘(i) a description of the manner by 
which non-asbestiform minerals and elon-
gated mineral particles possess the ability 
to remain biopersistent in the human body, 
with regard to the ability of non- 
asbestiform minerals and elongated min-
eral particles— 
‘‘(I) to exhibit resistence to dis-
solution and leaching; and 
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‘‘(II) to induce other physical, 
chemical, and biological processes as a 
result of contact with— 
‘‘(aa) lung cells; and 
‘‘(bb) other cells and fluids 
in the human body connected to 
a disease; 
‘‘(ii) a description of the means by 
which to identify, distinguish, and measure 
any non-asbestiform mineral or elongated 
mineral particle that— 
‘‘(I) may cause any disease or 
health effect, as determined by the 
Director, including— 
‘‘(aa) mesothelioma; 
‘‘(bb) any other form of can-
cer; and 
‘‘(cc) any other non-cancer 
form of disease; and 
‘‘(II) does not cause any disease 
or health effect; and 
‘‘(iii) recommendations for such con-
trols as the Director determines to be ap-
propriate to protect human health. 
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‘‘(3) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated such sums 
as are necessary to carry out this subsection. 
‘‘(b) METHODOLOGY STUDY.— 
‘‘(1) IN GENERAL.—On the date on which the 
Director submits the report described in subsection 
(a)(2)(B), the Director shall initiate a study— 
‘‘(A) to develop improved sampling and an-
alytical methods for non-asbestiform minerals 
and elongated mineral particles; and 
‘‘(B) to clarify the mechanism of action. 
‘‘(2) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated such sums 
as are necessary to carry out this subsection. 
‘‘SEC. 223. PUBLIC EDUCATION PROGRAM. 
‘‘(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of this subtitle, the Administrator, in 
consultation with the Chairman of the Consumer Product 
Safety Commission, the Director of the Centers for Dis-
ease Control and Prevention, and the Secretary of Labor, 
shall establish a plan— 
‘‘(1) to increase awareness of the dangers posed 
by— 
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‘‘(A) asbestos-containing materials and 
products and contaminants in homes and work-
places; and 
‘‘(B) asbestos-related diseases; 
‘‘(2) to provide current and comprehensive in-
formation to asbestos-related disease patients, family 
members of patients, and front-line health care pro-
viders 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 pa-
tients, 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 re-
searchers to provide to asbestos-related disease pa-
tients and family members of patients information 
relating to research, diagnostic, and clinical treat-
ments relating to asbestos. 
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the prohibition established under this section shall 
dispose of the asbestos-containing material, by a 
means that is in compliance with applicable Federal, 
State, and local requirements. 
‘‘(2) EXEMPTION.—Nothing in paragraph (1)— 
‘‘(A) applies to asbestos-containing mate-
rial that— 
‘‘(i) is no longer in the stream of com-
merce; or 
‘‘(ii) is in the possession of an end 
user; or 
‘‘(B) requires that asbestos-containing ma-
terial described in subparagraph (A) be re-
moved or replaced.’’. 
(b) CONFORMING AMENDMENT.—The table of con-
tents 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 sec-
tion 201 the following: 
‘‘Subtitle A–General Provisions’’; 
and 
(2) by adding at the end of the items relating 
to title II the following: 
‘‘Subtitle B—Asbestos-Containing Products 
‘‘Sec. 221. Definitions. 
‘‘Sec. 222. National Institute for Occupational Safety and Health report and 
study. 
‘‘Sec. 223. Public education program. 
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‘‘Subtitle C—Prohibition on Asbestos-Containing Materials 
‘‘Sec. 231. Prohibition on asbestos-containing materials.’’. 
SEC. 4. ASBESTOS-RELATED DISEASES. 
Subpart 1 of part C of title IV of the Public Health 
Service Act (42 U.S.C. 285 et seq.) is amended by adding 
at the end the following: 
‘‘SEC. 417E. RESEARCH ON ASBESTOS-RELATED DISEASES. 
‘‘(a) IN GENERAL.—The Secretary, acting through 
the Director of NIH and the Director of the Centers for 
Disease Control and Prevention, shall expand, intensify, 
and coordinate programs for the conduct and support of 
research on diseases caused by exposure to asbestos, par-
ticularly 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 Sec-
retary 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 In-
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stitute 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 can-
cer registries; 
‘‘(B) the National Mesothelioma Virtual 
Registry and Tissue Bank; and 
‘‘(C) each entity participating in the asbes-
tos-related disease research and treatment net-
work 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 ad-
dition to amounts made available for the purposes de-
scribed in subsection (a) under other law, there are au-
thorized to be appropriated to carry out this section such 
sums as are necessary for fiscal year 2008 and each fiscal 
year thereafter. 
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‘‘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 asbes-
tos-related disease research and treatment network (re-
ferred to in this section as the ‘Network’) to support the 
detection, prevention, treatment, and cure of asbestos-re-
lated diseases, with particular emphasis on malignant 
mesothelioma. 
‘‘(b) INCLUSIONS.—The Network shall include— 
‘‘(1) intramural research initiatives of the Na-
tional Institutes of Health; and 
‘‘(2) at least 10 extramural asbestos-related dis-
ease 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 se-
lect for inclusion in the Network not less than 10 
nonprofit hospitals, universities, or medical or re-
search institutions incorporated or organized in the 
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United States that, as determined by the Director of 
NIH— 
‘‘(A) have exemplary experience and quali-
fications in research and treatment of asbestos- 
related diseases; 
‘‘(B) have access to an appropriate popu-
lation of patients with asbestos-related diseases; 
and 
‘‘(C) 
are 
geographically 
distributed 
throughout the United States, with special con-
sideration 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 re-
search, including clinical trials, relating to— 
‘‘(i) mechanisms for effective thera-
peutic treatment of asbestos-related dis-
eases; 
‘‘(ii) early detection and prevention of 
asbestos-related diseases; 
‘‘(iii) palliation of asbestos-related dis-
ease symptoms; and 
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‘‘(iv) pain management with respect 
to asbestos-related diseases; 
‘‘(C) offer to asbestos-related disease pa-
tients travel and lodging assistance as nec-
essary— 
‘‘(i) to accommodate the maximum 
number of patients practicable; and 
‘‘(ii) to serve a number of patients at 
the center sufficient to conduct a meaning-
ful 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 as-
bestos-related diseases, particularly mesothe-
lioma; and 
‘‘(E) coordinate the research and treat-
ment 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 Mesothe-
lioma Registry and Tissue Bank. 
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‘‘(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 par-
ticular 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 ap-
propriate congressionally directed medical research pro-
gram, with the goal of advancing the understanding, early 
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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 Sec-
retary 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.’’. 
Æ 
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