I 
115TH CONGRESS 
2D SESSION 
H. R. 5114 
To amend the Toxic Substances Control Act to require the Administrator 
of the Environmental Protection Agency to take action to eliminate 
human exposure to asbestos, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 27, 2018 
Ms. BONAMICI (for herself, Ms. MCCOLLUM, Ms. SCHAKOWSKY, Mr. TONKO, 
Mr. COHEN, Ms. ESHOO, Mr. MCGOVERN, Mr. POCAN, and Mr. RASKIN) 
introduced the following bill; which was referred to the Committee on En-
ergy and Commerce 
A BILL 
To amend the Toxic Substances Control Act to require the 
Administrator of the Environmental Protection Agency 
to take action to eliminate human exposure to asbestos, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Alan Reinstein Ban 
Asbestos Now Act of 2018’’. 
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SEC. 2. ASBESTOS BAN. 
(a) IN GENERAL.—The Toxic Substances Control Act 
(15 U.S.C. 2601 et seq.) is amended by adding at the end 
the following: 
‘‘TITLE VII—ASBESTOS 
‘‘SEC. 701. DEFINITION OF ASBESTOS. 
‘‘In this title, the term ‘asbestos’ means all forms of 
asbestos. 
‘‘SEC. 702. ELIMINATION OF ASBESTOS EXPOSURE. 
‘‘(a) IMPORTATION, USE, AND EXPOSURE ASSESS-
MENT.—Notwithstanding any other provision of this Act, 
not later than 90 days after the date of enactment of the 
Alan Reinstein Ban Asbestos Now Act of 2018, the Ad-
ministrator shall carry out and publish an identification 
and assessment of the current and reasonably anticipated 
importation, distribution in commerce, and uses of, and 
exposures to, asbestos. 
‘‘(b) EXPOSURE ELIMINATION.— 
‘‘(1) IN GENERAL.—As soon as practicable, but 
not later than 18 months after the date of enact-
ment of the Alan Reinstein Ban Asbestos Now Act 
of 2018, the Administrator shall impose, by rule, 
prohibitions, restrictions, and other conditions, in-
cluding prohibitions on the manufacture, processing, 
use, distribution in commerce, and disposal of asbes-
tos and mixtures and articles containing asbestos, 
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that the Administrator determines to be necessary to 
eliminate human or environmental exposure to as-
bestos. 
‘‘(2) SELECTION OF CONDITIONS.—In imposing 
prohibitions and other conditions under paragraph 
(1), the Administrator shall select requirements that 
permanently eliminate the possibility of exposure to 
asbestos. 
‘‘(c) TIMING OF EXPOSURE REDUCTIONS.— 
‘‘(1) IN GENERAL.—Except as provided in an 
exemption granted by the President under sub-
section (d), beginning on the date that is 1 year 
after the date on which the Administrator issues the 
rule described in subsection (b)(1), no person shall 
manufacture, process, use, distribute in commerce, 
or dispose of any form of asbestos or any mixture 
or article containing any form of asbestos for any 
use or under any condition other than a use or con-
dition described in that rule. 
‘‘(2) EFFECTIVE
DATE.—In any rule issued 
under this title, the Administrator shall specify the 
date on which any prohibition, restriction, or other 
condition shall take effect, and that date shall be as 
soon as practicable, but not later than 1 year, after 
the date of promulgation of the rule. 
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‘‘(d) EXEMPTION FOR NATIONAL SECURITY REA-
SONS.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of this title, the President may grant an 
exemption from the requirements of this section for 
any use of asbestos if the President determines 
that— 
‘‘(A) the use of asbestos is necessary to 
protect the national security interests of the 
United States; 
‘‘(B) no reasonable alternative to the as-
bestos use exists for the intended purpose; and 
‘‘(C) the use of asbestos will not result in 
an unreasonable risk to health or the environ-
ment (without consideration of costs or other 
nonrisk factors), including an unreasonable risk 
to a potentially exposed or susceptible sub-
population identified as relevant by the Admin-
istrator under the conditions of use. 
‘‘(2) TERMS AND CONDITIONS.—An exemption 
under paragraph (1) shall be subject to such terms 
and conditions as the President may prescribe. 
‘‘(3) DURATION.— 
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‘‘(A) IN
GENERAL.—The duration of an 
exemption under paragraph (1) shall not exceed 
a period of 3 years. 
‘‘(B) 
ADDITIONAL
EXEMPTION.—The 
President may grant an additional exemption 
under paragraph (1), for a period not to exceed 
3 years, by making a new determination under 
that paragraph.’’. 
(b) CONFORMING AMENDMENT.—The table of con-
tents for the Toxic Substances Control Act (15 U.S.C. 
2601 et seq.) is amended by adding at the end the fol-
lowing: 
‘‘TITLE VII—ASBESTOS 
‘‘Sec. 701. Definition of asbestos. 
‘‘Sec. 702. Elimination of asbestos exposure.’’. 
Æ 
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