I 
118TH CONGRESS 
1ST SESSION H. R. 2402 
To amend the Toxic Substances Control Act to prohibit the manufacture, 
processing, use, and distribution in commerce of commercial asbestos 
and mixtures and articles containing commercial asbestos, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 30, 2023 
Ms. BONAMICI introduced the following bill; which was referred to the 
Committee on Energy and Commerce 
A BILL 
To amend the Toxic Substances Control Act to prohibit 
the manufacture, processing, use, and distribution in 
commerce of commercial asbestos and mixtures and arti-
cles containing commercial asbestos, and for other pur-
poses. 
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 2023’’. 
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SEC. 2. COMMERCIAL ASBESTOS BAN AND REPORTING. 
Section 6 of the Toxic Substances Control Act (15 
U.S.C. 2605) is amended— 
(1) by redesignating subsection (j) as sub-
section (k); and 
(2) by inserting after subsection (i) the fol-
lowing: 
‘‘(j) ASBESTOS.— 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) COMMERCIAL ASBESTOS.—The term 
‘commercial asbestos’ means the asbestiform 
varieties of the following fibers if extracted and 
processed for their commercial value: 
‘‘(i) Chrysotile (serpentine). 
‘‘(ii) Crocidolite (riebeckite). 
‘‘(iii) 
Amosite 
(cummingtonite- 
grunerite). 
‘‘(iv) Anthophyllite. 
‘‘(v) Tremolite. 
‘‘(vi) Actinolite. 
‘‘(vii) Richterite. 
‘‘(viii) Winchite. 
‘‘(B) DISTRIBUTE
IN
COMMERCE; DIS-
TRIBUTION IN COMMERCE.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), the terms ‘distribute in 
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defined in section 720.3 of title 40, Code of 
Federal Regulations (or successor regulations)). 
‘‘(2) APPLICABILITY.— 
‘‘(A) IN GENERAL.—The prohibitions, re-
quirements, and definition of the term ‘commer-
cial asbestos’ in this subsection shall— 
‘‘(i) apply only— 
‘‘(I) to chemical substances; and 
‘‘(II) for purposes of regulating 
chemical substances under this Act; 
and 
‘‘(ii) have no effect on— 
‘‘(I) any other prohibition or def-
inition of the term ‘asbestos’; or 
‘‘(II) any other requirement reg-
ulating asbestos, including for pur-
poses of— 
‘‘(aa) regulating cosmetics 
under the Federal Food, Drug, 
and Cosmetic Act (21 U.S.C. 301 
et seq.); and 
‘‘(bb) determining whether a 
cosmetic contains asbestos as an 
ingredient or as an impurity to 
an ingredient. 
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‘‘(B) IMPURITIES.—Nothing in this sub-
section applies to any chemical substance, mix-
ture, or article in which commercial asbestos is 
present solely as an impurity. 
‘‘(3) PROHIBITION
OF
MANUFACTURE, PROC-
ESSING, USE, AND DISTRIBUTION IN COMMERCE.— 
Effective 1 year after the date of enactment of the 
Alan Reinstein Ban Asbestos Now Act of 2023, no 
person may manufacture, process, use, or distribute 
in commerce commercial asbestos or any mixture or 
article containing commercial asbestos. 
‘‘(4) 
CHLOR-ALKALI
INDUSTRY.—Notwith-
standing paragraph (3), an owner, operator, or 
agent of an owner or operator of a chlor-alkali facil-
ity that is in operation on the date of enactment of 
the Alan Reinstein Ban Asbestos Now Act of 2023 
may, until the date that is 2 years after that date 
of enactment— 
‘‘(A) import processed commercial asbestos 
fibers solely for the purpose of manufacturing 
diaphragms for use in the chlor-alkali process; 
‘‘(B) use, hold, or process commercial as-
bestos fibers solely for the purpose of manufac-
turing diaphragms for use in the chlor-alkali 
process; and 
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‘‘(C) use asbestos diaphragms in chlor-al-
kali production. 
‘‘(5) EXEMPTION
FOR
NATIONAL
SECURITY 
REASONS.— 
‘‘(A) IN GENERAL.—Notwithstanding any 
other provision of this subsection, the President 
may, on application, grant any person an ex-
emption from the prohibition under paragraph 
(3) once for the manufacture, processing, use, 
or distribution in commerce of commercial as-
bestos or any mixture or article containing com-
mercial asbestos only if the President deter-
mines that— 
‘‘(i) the manufacture, processing, use, 
or distribution in commerce of commercial 
asbestos or any mixture or article con-
taining commercial asbestos by the person 
is necessary to protect the national secu-
rity interests of the United States; and 
‘‘(ii) no feasible alternative to the 
manufacture, processing, use, or distribu-
tion in commerce of commercial asbestos 
or any mixture or article containing com-
mercial asbestos exists for the intended 
use. 
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‘‘(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 that 
subparagraph once, for a period not to ex-
ceed 3 years. 
‘‘(C) TERMS
AND
CONDITIONS.—An ex-
emption granted under this paragraph (includ-
ing any extension granted under subparagraph 
(B)(ii)) shall include such terms and conditions 
as are necessary to achieve the maximum extent 
practicable reduction in exposure to commercial 
asbestos. 
‘‘(D) PUBLICATION.— 
‘‘(i) APPLICATIONS.—Not later than 
30 days after receipt of an application for 
an exemption under this paragraph (in-
cluding an extension under subparagraph 
(B)(ii)), the President shall publish the ap-
plication in the Federal Register. 
‘‘(ii) EXEMPTIONS.—Not later than 
30 days after granting an exemption under 
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this paragraph (including an extension 
under subparagraph (B)(ii)), the President 
shall publish in the Federal Register— 
‘‘(I) a notice of the exemption; 
and 
‘‘(II) the terms and conditions 
included under subparagraph (C). 
‘‘(iii) EXCEPTION.—The President, on 
a determination that publication under this 
subparagraph of information relating to an 
application or granting of a particular ex-
emption would harm the national security 
interests of the United States— 
‘‘(I) shall not publish that infor-
mation in the Federal Register; but 
‘‘(II) shall provide that informa-
tion to the Committee on Energy and 
Commerce of the House of Represent-
atives and the Committee on Environ-
ment and Public Works of the Senate. 
‘‘(E) APPLICATION
OF
WAIVER
AUTHOR-
ITY.—Notwithstanding section 22, the Adminis-
trator may not issue a waiver under that sec-
tion with respect to commercial asbestos.’’. 
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SEC. 3. PUBLIC EDUCATION. 
The Administrator of the Environmental Protection 
Agency, in consultation with the Secretary of Health and 
Human Services, shall develop and make publicly available 
resources that may be used by the Federal Government 
and other entities to educate the public and health profes-
sionals about— 
(1) the adverse health effects of asbestos expo-
sure; 
(2) any Federal resources, including easily un-
derstandable regulations, available to address the 
prevention and mitigation of asbestos exposure; and 
(3) licensed commercial asbestos mitigation 
availability within each State, the District of Colum-
bia, and each territory or possession of the United 
States. 
Æ 
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