I 
116TH CONGRESS 
1ST SESSION H. R. 1603 
To amend the Toxic Substances Control Act to prohibit the manufacture, 
processing, and distribution in commerce of asbestos and asbestos-con-
taining mixtures and articles, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 7, 2019 
Ms. BONAMICI (for herself, Mr. PALLONE, Ms. SLOTKIN, Mr. TONKO, Mr. 
POCAN, Mr. COHEN, Mr. HUFFMAN, Mrs. DINGELL, Ms. SCHAKOWSKY, 
Mr. KENNEDY, Mr. RASKIN, Mr. MCNERNEY, Ms. BLUNT ROCHESTER, 
Ms. BARRAGA´N, Mr. SOTO, Ms. ESHOO, Ms. MCCOLLUM, Mr. BLU-
MENAUER, Mr. TED LIEU of California, Ms. CLARKE of New York, Ms. 
VELA´ZQUEZ, Ms. SA´NCHEZ, Mr. DEFAZIO, Ms. NORTON, Mr. MCGOV-
ERN, Mr. JOHNSON of Georgia, and Mr. SCHRADER) introduced the fol-
lowing bill; which was referred to the Committee on Energy and Com-
merce, and in addition to the Committee on Education and Labor, for 
a period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To amend the Toxic Substances Control Act to prohibit 
the manufacture, processing, and distribution in com-
merce of asbestos and asbestos-containing mixtures and 
articles, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Alan Reinstein Ban 
Asbestos Now Act of 2019’’. 
SEC. 2. ASBESTOS BAN AND REPORTING. 
Section 6 of the Toxic Substances Control Act (15 
U.S.C. 2605) is amended by adding at the end the fol-
lowing: 
‘‘(k) ASBESTOS.— 
‘‘(1) PROHIBITION
OF
MANUFACTURE, PROC-
ESSING, AND DISTRIBUTION IN COMMERCE.—Effec-
tive one year after the date of enactment of this sub-
section, no person may manufacture, process, or dis-
tribute in commerce asbestos or any mixture or arti-
cle containing asbestos. 
‘‘(2) EXEMPTION
FOR
NATIONAL
SECURITY 
REASONS.— 
‘‘(A) IN
GENERAL.—The President may, 
upon application, grant any person an exemp-
tion from the prohibition under paragraph (1) 
once for the manufacture, processing, or dis-
tribution in commerce of asbestos or any mix-
ture or article containing asbestos only if the 
President determines that— 
‘‘(i) the manufacture, processing, or 
distribution in commerce of asbestos or 
any mixture or article containing asbestos 
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by the person is necessary to protect the 
national security interests of the United 
States; and 
‘‘(ii) no feasible alternative to the 
manufacture, processing, or distribution in 
commerce of asbestos or any mixture or 
article containing asbestos exists for the 
intended use. 
‘‘(B) DURATION.— 
‘‘(i) IN GENERAL.—The period of an 
exemption granted under subparagraph 
(A) shall not exceed 3 years. 
‘‘(ii) 
EXTENSION.—The 
President 
may, in accordance with subparagraph (A), 
extend an exemption granted under such 
subparagraph once, for a period not to ex-
ceed 3 years. 
‘‘(C) TERMS
AND
CONDITIONS.—An ex-
emption granted under this paragraph (includ-
ing an extension thereof) shall include such 
terms and conditions as are necessary to 
achieve maximum practicable reduction in expo-
sure to asbestos. 
‘‘(D) PUBLICATION.— 
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tribution in commerce on or after 
such date of enactment. 
‘‘(iii) REPORTS
DURING
EXEMPTED 
PERIOD.—Any person granted an exemp-
tion under paragraph (2) shall submit to 
the Administrator a report described in 
subparagraph (B) not later than 27 
months after— 
‘‘(I) the exemption is granted; 
and 
‘‘(II) the exemption is extended, 
if applicable. 
‘‘(B) CONTENTS.—Each report submitted 
under subparagraph (A) shall include— 
‘‘(i) the name and address of the per-
son submitting the report; 
‘‘(ii) the name, title, and contact in-
formation of an authorized representative 
of the person submitting the report; 
‘‘(iii) the location of the facility or fa-
cilities where the manufacture, processing, 
or distribution in commerce of asbestos or 
mixtures or articles containing asbestos 
has occurred, or will occur, during the re-
porting period; 
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‘‘(iv) a description of the manufac-
ture, processing, or distribution activity 
during the reporting period of the person 
submitting the report, and the intended 
and known uses of asbestos and each mix-
ture or article containing asbestos by that 
person and all other persons to whom the 
asbestos, mixture, or article is sold or oth-
erwise distributed in commerce; 
‘‘(v) the amount of asbestos, and the 
amount and concentration of asbestos in 
any mixture or article containing asbestos, 
that is manufactured, processed, or distrib-
uted in commerce, or expected to be manu-
factured, processed, or distributed in com-
merce, by the person during the reporting 
period; 
‘‘(vi) reasonable estimates of the 
amount of asbestos to be disposed of as a 
result of the reported manufacture, proc-
essing, or distribution activities, and the 
manner of such disposal; and 
‘‘(vii) reasonable estimates of— 
‘‘(I) the number of individuals 
who, as a result of the reported manu-
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facture, processing, and distribution 
activities— 
‘‘(aa) have been exposed to 
asbestos or mixtures or articles 
containing asbestos; and 
‘‘(bb) will be so exposed; and 
‘‘(II) the nature, duration, fre-
quency, and levels of any such expo-
sure. 
‘‘(C) REPORTING PERIOD.—For purposes 
of subparagraph (B), the reporting period for a 
report submitted under— 
‘‘(i) subparagraph (A)(i) shall be the 
period that begins on the date that is 36 
months prior to the date of enactment of 
this subsection and ends on the date of en-
actment of this subsection; 
‘‘(ii) subparagraph (A)(ii) shall be the 
period that begins on the date of enact-
ment of this subsection and ends on the 
date on which the prohibition under para-
graph (1) takes effect; 
‘‘(iii) subparagraph (A)(iii)(I) shall be 
the period that begins on the date on 
which an exemption is granted under para-
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graph (2) and ends on the date such ex-
emption expires (not including an exten-
sion thereof); and 
‘‘(iv) subparagraph (A)(iii)(II) shall 
be the period that begins on the date on 
which an exemption is extended under 
paragraph (2) and ends on the date such 
extension expires. 
‘‘(D) REPORTING
FORMS
AND
INSTRUC-
TIONS.—Not later than 30 days after the date 
of the enactment of this subsection, the Admin-
istrator shall publish a notice in the Federal 
Register that provides instructions for reporting 
under this paragraph and a form or forms for 
use by persons submitting reports under this 
paragraph. 
‘‘(E) AVAILABILITY.—Not later than 3 
months after a report is submitted under sub-
paragraph (A), the Administrator shall make 
such report available to the public. 
‘‘(F) SUMMARY AND ANALYSIS.—Not later 
than 180 days after a report is submitted under 
subparagraph (A), the Administrator shall 
make available to the public a summary and 
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analysis of the information such report con-
tains. 
‘‘(4) DEFINITIONS.—In this subsection: 
‘‘(A) ASBESTOS.—The term ‘asbestos’ 
means— 
‘‘(i) 
the 
asbestiform 
varieties 
of 
chrysotile, 
actinolite, 
amosite, 
anthophyllite, 
crocidolite, 
richterite, 
winchite, and tremolite; and 
‘‘(ii) the non-asbestiform varieties of 
richterite and winchite. 
‘‘(B) DISTRIBUTE
IN
COMMERCE.—The 
terms ‘distribute in commerce’ and ‘distribution 
in commerce’ have the meaning given the terms 
in section 3(5), but, notwithstanding such sec-
tion 3(5), do not include, with respect to asbes-
tos— 
‘‘(i) end-use of a mixture or article 
containing asbestos and installed in a 
building or other structure before the date 
of enactment of this subsection; or 
‘‘(ii) distribution of a mixture or arti-
cle containing asbestos solely for the pur-
pose of disposal of the mixture or article in 
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compliance with applicable Federal, State, 
and local requirements. 
‘‘(C) MIXTURE
OR
ARTICLE
CONTAINING 
ASBESTOS.—The term ‘mixture or article con-
taining asbestos’ includes a mixture or article in 
which asbestos is present as an impurity.’’. 
SEC. 3. LEGACY ASBESTOS: REPORT AND RECOMMENDA-
TIONS. 
(a) REPORT.—Not later than 18 months after the 
date of the enactment of this Act, the Administrator of 
the Environmental Protection Agency, in consultation 
with the Secretary of Health and Human Services and the 
Secretary of Labor, shall prepare and submit to Congress 
a report assessing— 
(1) the presence of asbestos in residential, com-
mercial, industrial, public, and school buildings; and 
(2) the extent of exposure and risk to human 
health associated with the asbestos present in such 
buildings from all commercial, industrial, and con-
sumer activities that may result in asbestos expo-
sure. 
(b) CONTENTS.—The report required under sub-
section (a) shall be based upon the best available informa-
tion, and information that can feasibly be obtained 
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through surveys or other means, and shall provide the fol-
lowing: 
(1) An estimate of the number of residential, 
commercial, industrial, public, and school buildings 
where asbestos is present. 
(2) An estimate of the amount of asbestos in 
such buildings and the portion of such asbestos that 
is friable. 
(3) A description of the types of building com-
ponents and systems containing asbestos in such 
buildings and the categories of mixtures and articles 
containing asbestos that are present, such as ther-
mal insulation, roofing materials, asbestos cement 
pipe, and asbestos cement sheet. 
(4) For each category of building, an estimate 
of the number of people potentially exposed to asbes-
tos, the conditions and activities with the greatest 
potential for exposure, and estimates of the levels of 
exposure. 
(5) A description of the role of handling, main-
tenance, and construction practices in creating expo-
sure to asbestos and the impact of building aging on 
the potential for asbestos exposure. 
(6) An estimate of the amount of asbestos 
waste generated from building renovation, repair, 
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and demolition for each of the last 5 years and the 
procedures that are utilized for the handling, trans-
port, and disposal of such waste. 
(c) RECOMMENDATIONS.— 
(1) IN GENERAL.—The report submitted under 
subsection (a) shall contain— 
(A) an assessment of the sufficiency of ex-
isting statutes, regulations, policies, and pro-
grams, implemented by the Environmental Pro-
tection Agency, the Department of Labor, and 
other agencies, in protecting against exposures 
to legacy asbestos; and 
(B) recommendations for modifications or 
additions to such statutes, regulations, policies, 
and programs, as necessary to reduce or elimi-
nate risks to human health. 
(2) 
INCLUSIONS.—Recommendations 
under 
paragraph (1)(B) may include recommendations for 
new, additional, or modified statutes, regulations, 
policies, or programs for— 
(A) the inspection of buildings to deter-
mine the presence and condition of asbestos; 
(B) inventorying the presence and condi-
tion of asbestos in buildings; 
(C) removal of asbestos from buildings; 
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(D) handling asbestos during building 
maintenance, repair, demolition, and other com-
mercial and industrial activities with the poten-
tial for asbestos exposure; and 
(E) disposal of asbestos-containing waste 
and debris. 
(d) EFFECT ON EXISTING LAW.—Compliance with 
this section shall not relieve the Administrator of the Envi-
ronmental Protection Agency, the Secretary of Health and 
Human Services, or the Secretary of Labor, of any other 
obligation arising under this Act or any other law. 
(e) DEFINITION OF ASBESTOS.—In this section, the 
term ‘‘asbestos’’ means— 
(1) the asbestiform varieties of chrysotile, actin-
olite, amosite, anthophyllite, crocidolite, richterite, 
winchite, and tremolite; and 
(2) the non-asbestiform varieties of richterite 
and winchite. 
Æ 
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