I 
108TH CONGRESS 
1ST SESSION H. R. 2277
To amend the Toxic Substances Control Act to reduce the health risks 
posed by asbestos-containing products. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 22, 2003
Mr. WAXMAN (for himself and Ms. SCHAKOWSKY) introduced the following 
bill; which was referred to the Committee on Energy and Commerce 
A BILL 
To amend the Toxic Substances Control Act to reduce the 
health risks posed by asbestos-containing products.
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 ‘‘Ban Asbestos in Amer-
ica Act of 2003’’. 
SEC. 2. FINDINGS. 
Congress finds that—
(1) the Administrator of the Environmental 
Protection Agency has classified asbestos as a cat-
egory A human carcinogen, the highest cancer haz-
ard classification for a substance; 
(2) there is no known safe level of exposure to 
asbestos; 
(3)(A) in hearings before Congress in the early 
1970s, the example of asbestos was used to justify 
the need for comprehensive legislation on toxic sub-
stances; and 
(B) in 1976, Congress passed the Toxic Sub-
stances Control Act (15 U.S.C. 2601 et seq.); 
(4) in 1989, the Administrator promulgated 
final regulations under title II of the Toxic Sub-
stances Control Act (15 U.S.C. 2641 et seq.) to 
phase out asbestos in consumer products by 1997; 
(5) in 1991, the United States Court of Appeals 
for the 5th Circuit overturned portions of the regula-
tions, and the Government did not appeal the deci-
sion to the Supreme Court; 
(6) as a result, while new applications for as-
bestos were banned, asbestos is still being used in 
some consumer and industrial products in the 
United States;
(7) the United States Geological Survey has de-
termined that in 2000, companies in the United 
States consumed 15,000 metric tons of chrysotile as-
bestos, of which approximately 62 percent was con-
sumed in roofing products, 22 percent in gaskets, 12 
percent in friction products, and 4 percent in other 
products; 
(8) available evidence suggests that—
(A) imports of some types of asbestos-con-
taining products may be increasing; and 
(B) some of those products are imported 
from foreign countries in which asbestos is 
poorly regulated; 
(9) many people in the United States incor-
rectly 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; 
(10) the Department of Commerce estimates 
that in 2000, the United States imported 51,483 
metric tons of asbestos-cement products; 
(11) 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 added to new
construction and manufacturing materials used in 
this country; 
(12) asbestos has been banned in Argentina, 
Australia, Austria, Belgium, Chile, Croatia, the 
Czech Republic, Denmark, Finland, France, Ger-
many, Iceland, Ireland, Italy, Latvia, Luxembourg, 
the Netherlands, Norway, Poland, Saudi Arabia, the 
Slovak Republic, Spain, Sweden, Switzerland, and 
the United Kingdom; 
(13) asbestos will be banned throughout the 
European Union in 2005; 
(14) in 2000, the World Trade Organization 
upheld the right of France to ban asbestos, with the 
United States Trade Representative filing a brief in 
support of the right of France to ban asbestos; 
(15) the 1999 brief by the United States Trade 
Representative stated, ‘‘In the view of the United 
States, chrysotile asbestos is a toxic material that 
presents a serious risk to human health.’’; 
(16) people in the United States have been ex-
posed to harmful levels of asbestos as a contaminant 
of other minerals; 
(17) in the town of Libby, Montana, workers 
and residents have been exposed to dangerous levels 
of asbestos for generations because of mining oper-
ations at the W.R. Grace vermiculite mine located in 
that town; 
(18) the Agency for Toxic Substances and Dis-
ease Registry found that over a 20-year period, 
‘‘mortality in Libby resulting from asbestosis was 
approximately 40 to 80 times higher than expected. 
Mesothelioma mortality was also elevated.’’; 
(19)(A) in response to this crisis, in January 
2002, the Governor of Montana requested that the 
Administrator of the Environmental Protection 
Agency designate Libby as a Superfund site; and 
(B) on October 23, 2002, the Administrator 
placed Libby on the National Priorities List; 
(20)(A) vermiculite from Libby was shipped for 
processing to 42 States; and 
(B) Federal agencies are investigating potential 
harmful 
exposures 
to 
asbestos-contaminated 
vermiculite at sites throughout the United States; 
(21) the Administrator has identified 14 sites 
that have dangerous levels of asbestos-tainted 
vermiculite and require cleanup efforts; and 
(22) although it is impracticable to eliminate 
exposure to asbestos entirely because asbestos is a 
naturally occurring mineral in the environment and 
occurs in several deposits throughout the United
States, Congress needs to do more to protect the 
public from exposure to asbestos and Congress has 
the power to prohibit the continued, intentional use 
of asbestos in consumer products. 
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 prod-
uct (including any part) to which asbestos is delib-
erately or knowingly added or in which asbestos is 
deliberately or knowingly used in any concentration.
‘‘(2) 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 concentra-
tion. 
‘‘(3) 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 connec-
tion with the end use of the asbestos-con-
taining product by a person that is an end 
user; or
‘‘(ii) distribution of an asbestos-con-
taining product by a person solely for the 
purpose of disposal of the asbestos-con-
taining product in compliance with applica-
ble Federal, State, and local requirements. 
‘‘(4) DURABLE FIBER.—
‘‘(A) IN
GENERAL.—The term ‘durable 
fiber’ means a silicate fiber that—
‘‘(i) occurs naturally in the environ-
ment; 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 ‘durable 
fiber’ includes—
‘‘(i) richterite; 
‘‘(ii) winchite; 
‘‘(iii) erionite; and 
‘‘(iv) nonasbestiform varieties of cro-
cidolite, amosite, anthophyllite, tremolite, 
and actinolite. 
‘‘(5) FIBER.—The term ‘fiber’ means an acic-
ular 
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, associa-
tion, firm, partnership, joint venture, sole pro-
prietorship, or other for-profit or nonprofit 
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 ACADEMY OF SCIENCES STUDY. 
‘‘The Administrator shall enter into a contract with 
the National Academy of Sciences to study and, not later 
than 18 months after the date of enactment of this sub-
title, provide the Administrator, and other Federal agen-
cies, as appropriate—
‘‘(1) a description of the current state of the 
science relating to the human health effects of expo-
sure to asbestos and other durable fibers; and 
‘‘(2) recommendations for the establishment 
of—
‘‘(A) a uniform system for the establish-
ment of asbestos exposure standards for work-
ers, school children, and other populations; and 
‘‘(B) a uniform system for the establish-
ment of protocols for detecting and measuring 
asbestos. 
‘‘SEC. 223. ASBESTOS POLICIES PANEL. 
‘‘(a) PANEL.—
‘‘(1) IN GENERAL.—The Administrator shall es-
tablish an Asbestos Policies Panel (referred to in
this section as the ‘panel’) to study asbestos and 
other durable fibers. 
‘‘(2) MEMBERSHIP.—The panel shall be com-
prised of representatives of—
‘‘(A) the Secretary of Labor; 
‘‘(B) the Secretary of Health and Human 
Services; and 
‘‘(C) the Chairman of the Consumer Prod-
uct Safety Commission; 
‘‘(D) nongovernmental environmental, pub-
lic health, and consumer organizations; 
‘‘(E) industry; 
‘‘(F) school officials; 
‘‘(G) public health officials; 
‘‘(H) labor organizations; and 
‘‘(I) the public. 
‘‘(b) DUTIES.—The panel shall—
‘‘(1) provide independent advice and counsel to 
the Administrator and other Federal agencies on 
policy issues associated with the use and manage-
ment of asbestos and other durable fibers; and 
‘‘(2) study and, not later than 2 years after the 
date of enactment of this subtitle, provide the Ad-
ministrator, other Federal agencies, and Congress 
recommendations concerning—
‘‘(A) implementation of subtitle A; 
‘‘(B) grant programs under subtitle A; 
‘‘(C) revisions to the national emissions 
standards for hazardous air pollutants promul-
gated under the Clean Air Act (42 U.S.C. 7401 
et seq.); 
‘‘(D) legislative and regulatory options for 
improving consumer and worker protections 
against harmful health effects of exposure to 
asbestos and durable fibers; 
‘‘(E) whether the definition of asbestos-
containing material, meaning any material that 
contains more than 1 percent asbestos by 
weight, should be modified throughout the Code 
of Federal Regulations; 
‘‘(F) the feasibility of establishing a dura-
ble fibers testing program; 
‘‘(G) 
options 
to 
improve 
protections 
against exposure to asbestos from asbestos-con-
taining 
products 
and 
contaminant-asbestos 
products in buildings; 
‘‘(H) current research on and technologies 
for disposal of asbestos-containing products and 
contaminant-asbestos products; and
‘‘(I) at the option of the panel, the effects 
on human health that may result from exposure 
to ceramic, carbon, and other manmade fibers. 
‘‘SEC. 224. STUDY OF ASBESTOS-CONTAINING PRODUCTS 
AND CONTAMINANT-ASBESTOS PRODUCTS. 
‘‘(a) IN GENERAL.—In consultation with the Sec-
retary of Labor, the Chairman of the International Trade 
Commission, the Chairman of the Consumer Product 
Safety Commission, and the Assistant Secretary for Occu-
pational Safety and Health, the Administrator shall con-
duct a study on the status of the manufacture, processing, 
distribution in commerce, ownership, importation, and dis-
posal of asbestos-containing products and contaminant-as-
bestos products in the United States. 
‘‘(b) ISSUES.—In conducting the study, the Adminis-
trator shall examine—
‘‘(1) how consumers, workers, and businesses 
use asbestos-containing products and contaminant-
asbestos products that are entering commerce as of 
the date of enactment of this subtitle; and 
‘‘(2) the extent to which consumers and work-
ers are being exposed to unhealthful levels of asbes-
tos through exposure to products described in para-
graph (1).
sesses 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 com-
merce; or 
‘‘(ii) is in the possession of an end 
user; or 
‘‘(B) requires that an asbestos-containing 
product described in subparagraph (A) be re-
moved or replaced. 
‘‘SEC. 226. PUBLIC EDUCATION PROGRAM. 
‘‘(a) IN GENERAL.—Not later than 2 years after the 
date of enactment of this subtitle, and subject to sub-
section (c), in consultation with the Chairman of the Con-
sumer Product Safety Commission and the Secretary of 
Labor, the Administrator shall establish a program to in-
crease awareness of the dangers posed by asbestos-con-
taining products and contaminant-asbestos products in 
homes and workplaces.
‘‘(b) GREATEST RISKS.—In establishing the pro-
gram, the Administrator shall—
‘‘(1) base the program on the results of the 
study conducted under section 224; 
‘‘(2) give priority to asbestos-containing prod-
ucts and contaminant-asbestos products used by 
consumers and workers that pose the greatest risk 
of injury to human health; and 
‘‘(3) at the option of the Administrator on re-
ceipt of a recommendation from the Asbestos Poli-
cies Panel, include in the program the conduct of 
projects and activities to increase public awareness 
of the effects on human health that may result from 
exposure to—
‘‘(A) durable fibers; and 
‘‘(B) ceramic, carbon, and other manmade 
fibers. 
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as are nec-
essary to carry out this section.’’. 
(b) VERMICULITE INSULATION.—Not later than 180 
days after the date of enactment of this Act, the Adminis-
trator of the Environmental Protection Agency and the
Consumer Product Safety Commission shall begin a na-
tional campaign to educate consumers concerning—
(1) the dangers of vermiculite insulation that 
may be contaminated with asbestos; and 
(2) measures that homeowners and business 
owners can take to protect against those dangers. 
SEC. 4. ASBESTOS-CAUSED 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. 417D. RESEARCH ON ASBESTOS-CAUSED 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—
‘‘(1) through the Director of NIH and the Di-
rector of the CDC (Centers for Disease Control and 
Prevention); and 
‘‘(2) in collaboration with the Administrator of 
the Agency for Toxic Substances and Disease Reg-
istry and the head of any other agency that the Sec-
retary determines to be appropriate.
‘‘(c) MESOTHELIOMA REGISTRY.—Not later than 1 
year after the date of enactment of this section, the Direc-
tor 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 data from 
State cancer registries and other cancer registries, which 
shall form the basis for establishing a Mesothelioma Reg-
istry. 
‘‘(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 2004 and each fiscal 
year thereafter. 
‘‘SEC. 417E. MESOTHELIOMA RESEARCH AND TREATMENT 
CENTERS. 
‘‘(a) IN GENERAL.—The Director of NIH shall pro-
vide $1,000,000 for each of fiscal years 2004 through 
2008 for each of up to 10 mesothelioma disease research 
and treatment centers. 
‘‘(b) REQUIREMENTS.—The Centers shall—
‘‘(1) be chosen through competitive peer review;
‘‘(2) be geographically distributed throughout 
the United States with special consideration given to 
areas of high incidence of mesothelioma disease; 
‘‘(3) be closely associated with Department of 
Veterans Affairs medical centers to provide research 
benefits and care to veterans, who have suffered ex-
cessively from mesothelioma; 
‘‘(4) be engaged in research to provide mecha-
nisms for detection and prevention of mesothelioma, 
particularly in the areas of pain management and 
cures; 
‘‘(5) be engaged in public education about 
mesothelioma and prevention, screening, and treat-
ment; 
‘‘(6) be participants in the National Mesothe-
lioma Registry; 
‘‘(7) be coordinated in their research and treat-
ment efforts with other Centers and institutions in-
volved in exemplary mesothelioma research; and 
‘‘(8) be focused on research and treatments for 
mesothelioma that have historically been under-
funded. 
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated to carry out this section 
$10,000,000 for each of fiscal years 2004 through 2008.’’.
SEC. 5. CONFORMING AMENDMENTS. 
The table of contents in section 1 of the Toxic Sub-
stances 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 Academy of Sciences Study. 
‘‘Sec. 223. Asbestos Policies Panel. 
‘‘Sec. 224. Study of asbestos-containing products and contaminant-asbes-
tos products. 
‘‘Sec. 225. Prohibition on asbestos-containing products. 
‘‘Sec. 226. Public education program.’’.
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