(13) the Environmental Working Group esti-
mates that as many as 10,000 citizens of the United 
States die each year from mesothelioma and other 
asbestos-related diseases; 
(14)(A) mesothelioma responds poorly to con-
ventional chemotherapy; and 
(B) although new combination treatments for 
mesothelioma have demonstrated some benefits— 
(i) the median survival period for mesothe-
lioma is only 1 year after diagnosis of the dis-
ease; and 
(ii) the majority of mesothelioma patients 
die within 2 years of diagnosis of the disease; 
(15) 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; 
(16) in 1976, Congress passed the Toxic Sub-
stances Control Act (15 U.S.C. 2601 et seq.); 
(17) 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; 
(18) in 1991, the United States Court of Ap-
peals for the 5th Circuit overturned portions of the 
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regulations, and the Federal Government did not ap-
peal the decision to the Supreme Court; 
(19) as a result, while new applications for as-
bestos were banned, asbestos is still being imported 
and used in some consumer and industrial products 
in the United States; 
(20) 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; 
(21) 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; 
(22) given the risk of asbestos exposure for 
members and veterans of the Armed Forces, the De-
partment of Defense has an obligation to study dis-
eases 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; 
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(23) asbestos has been banned in 40 countries, 
including 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; 
(24) asbestos was banned throughout the Euro-
pean Union in 2005; and 
(25) 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 or added 
to 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’’; 
and 
(2) by adding at the end the following: 
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‘‘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) BIOPERSISTENT DURABLE FIBER.— 
‘‘(A) IN
GENERAL.—The term ‘bioper-
sistent 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 ‘bioper-
sistent durable fiber’ includes— 
‘‘(i) richterite; 
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‘‘(ii) winchite; 
‘‘(iii) erionite; and 
‘‘(iv) 
non-asbestiform 
varieties 
of 
amosite, 
crocidolite, 
anthophyllite, 
tremolite, and actinolite. 
‘‘(3) 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. 
‘‘(4) 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-
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taining product in compliance with applica-
ble Federal, State, and local requirements. 
‘‘(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 INSTITUTE FOR OCCUPATIONAL 
SAFETY AND HEALTH STUDY. 
‘‘(a) IN GENERAL.—The National Institute for Occu-
pational Safety and Health shall conduct a study and, not 
later than 18 months 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, and other Federal 
agencies, as appropriate, a report containing— 
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‘‘(1) a description of the current state of the 
science relating to— 
‘‘(A) the disease mechanisms and health 
effects of exposure to asbestos and other bioper-
sistent durable fibers; and 
‘‘(B) methods for measuring and analyzing 
asbestos; 
‘‘(2) a description of the current status of label-
ing practices relating to asbestos-containing mate-
rial; and 
‘‘(3) recommendations for future asbestos-re-
lated disease research and exposure assessment 
practice needs. 
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as are nec-
essary to carry out this section. 
‘‘SEC. 223. PROHIBITION ON ASBESTOS-CONTAINING PROD-
UCTS. 
‘‘(a) IN GENERAL.—Subject to subsection (b), the 
Administrator shall promulgate— 
‘‘(1) not later than 1 year after the date of en-
actment of this subtitle, proposed regulations that— 
‘‘(A) prohibit persons from importing, 
manufacturing, processing, or distributing in 
commerce asbestos-containing products; and 
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‘‘(B) provide for implementation of sub-
sections (b) and (c); and 
‘‘(2) not later than 2 years after the date of en-
actment of this subtitle, final regulations that, effec-
tive beginning 60 days after the date of promulga-
tion, prohibit persons from importing, manufac-
turing, processing, or distributing in commerce as-
bestos-containing products. 
‘‘(b) EXEMPTIONS.— 
‘‘(1) IN GENERAL.—Any person may petition 
the Administrator for, and the Administrator may 
grant, an exemption from the requirements of sub-
section (a) if the Administrator determines that— 
‘‘(A) the exemption would not result in an 
unreasonable risk of injury to public health or 
the environment; and 
‘‘(B) the person has made good faith ef-
forts to develop, but has been unable to develop, 
a substance, or identify a mineral, that— 
‘‘(i) does not present an unreasonable 
risk of injury to public health or the envi-
ronment; and 
‘‘(ii) may be substituted for an asbes-
tos-containing product. 
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‘‘(2) TERMS AND CONDITIONS.—An exemption 
granted under this subsection shall be in effect for 
such period (not to exceed 1 year) and subject to 
such terms and conditions as the Administrator may 
prescribe. 
‘‘(3) GOVERNMENTAL USE.—The Administrator 
shall provide an exemption from the requirements of 
subsection (a), without review or limit on duration, 
if the exemption for an asbestos-containing product 
is— 
‘‘(A) sought by the Secretary of Defense 
and the Secretary certifies, and provides a copy 
of that certification to Congress, that— 
‘‘(i) use of the asbestos containing 
product is necessary to the critical func-
tions of the Department; 
‘‘(ii) no reasonable alternatives to the 
asbestos containing product exist for the 
intended purpose; and 
‘‘(iii) use of the asbestos containing 
product will not result in an unreasonable 
risk to health or the environment; or 
‘‘(B) sought by the Administrator of the 
National Aeronautics and Space Administration 
and the Administrator of the National Aero-
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nautics and Space Administration certifies, and 
provides a copy of that certification to Con-
gress, that— 
‘‘(i) the asbestos-containing product is 
necessary to the critical functions of the 
National Aeronautics and Space Adminis-
tration; 
‘‘(ii) no reasonable alternatives to the 
asbestos-containing product exist for the 
intended purpose; and 
‘‘(iii) the use of the asbestos-con-
taining product will not result in an unrea-
sonable risk to health or the environment. 
‘‘(c) DISPOSAL.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), not later than 2 years after the date of 
enactment of this subtitle, each person that pos-
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— 
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‘‘(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. 224. 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— 
‘‘(A) asbestos-containing products and con-
taminants in homes and workplaces; 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; 
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‘‘(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. 
‘‘(b) GREATEST RISKS.—In establishing the pro-
gram, the Administrator shall give priority to asbestos- 
containing products and contaminant-asbestos products 
used by consumers and workers that pose the greatest risk 
of injury to human health. 
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as are nec-
essary to carry out this section.’’. 
(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— 
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(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 study. 
‘‘Sec. 223. Prohibition on asbestos-containing products. 
‘‘Sec. 224. Public education program.’’. 
SEC. 4. ASBESTOS-RELATED DISEASES. 
(a) IN GENERAL.—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 
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‘‘(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-
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. 
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‘‘(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. 
‘‘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). 
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‘‘(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 
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; 
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‘‘(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 
‘‘(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 
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