I 
110TH CONGRESS 
2D SESSION 
H. R. 6903 
To amend the Toxic Substances Control Act to reduce the health risks 
posed by asbestos-containing products, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 15, 2008 
Mr. GENE GREEN of Texas (for himself, Ms. MCCOLLUM of Minnesota, Ms. 
SOLIS, 
Mrs. 
CAPPS, 
Ms. 
BALDWIN, 
Mr. 
BUTTERFIELD, 
Ms. 
SCHAKOWSKY, Ms. MATSUI, and Mr. COHEN) 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, 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 ‘‘Bruce Vento Ban As-
bestos and Prevent Mesothelioma Act of 2008’’. 
SEC. 2. ASBESTOS-CONTAINING PRODUCTS. 
(a) IN GENERAL.—The Toxic Substances Control Act 
(15 U.S.C. 2601 et seq.) is amended by adding at the end 
the following: 
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‘‘TITLE VI—ASBESTOS- 
CONTAINING PRODUCTS 
‘‘SEC. 601. DEFINITIONS. 
‘‘In this title: 
‘‘(1) ASBESTOS.—The term ‘asbestos’ has the 
meaning given that term in section 202(3). 
‘‘(2) ASBESTOS-CONTAINING
PRODUCT.—The 
term ‘asbestos-containing product’ means any prod-
uct (including any part) to which asbestos is delib-
erately added, or used, or in which asbestos is other-
wise present in any concentration, except concentra-
tions present solely from contamination from— 
‘‘(A) ambient air; or 
‘‘(B) water that complies with the Safe 
Drinking Water Act (42 U.S.C. 300f et seq.) 
and the regulations issued under that Act. 
‘‘(3) COSMETIC.—The term ‘cosmetic’ has the 
meaning given that term in section 201 of the Fed-
eral Food, Drug and Cosmetic Act (21 U.S.C. 321). 
‘‘(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— 
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‘‘(i) the sale, introduction or delivery 
for introduction into commerce, or holding 
of an asbestos-containing product, or an 
interest in real property (and improve-
ments thereon), by a person that is an end 
user; 
‘‘(ii) the sale, introduction or delivery 
for introduction into commerce, or holding 
of an asbestos-containing product by a per-
son solely for the purpose of disposal of 
the asbestos-containing product in compli-
ance with applicable Federal, State, and 
local requirements; or 
‘‘(iii) the sale, introduction or delivery 
for introduction into commerce, or holding 
of a motor vehicle that was manufactured 
and sold before the date of enactment of 
this title and that has an asbestos-con-
taining product installed in or on the 
motor vehicle. 
‘‘(5) DRUG.—The term ‘drug’ has the meaning 
given that term in section 201 of the Federal Food, 
Drug and Cosmetic Act (21 U.S.C. 321). 
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‘‘(6) MOTOR VEHICLE.—The term ‘motor vehi-
cle’ has the meaning given that term in section 
30102(a)(6) of title 49, United States Code. 
‘‘(7) PERSON.—The term ‘person’ means— 
‘‘(A) any individual; 
‘‘(B) any trust, corporation (including a 
government corporation), company, association, 
firm, partnership, joint venture, sole proprietor-
ship, 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. 602. PUBLIC EDUCATION PROGRAM. 
‘‘(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of this title, the Administrator, in con-
sultation with the Chairman of the Consumer Product 
Safety Commission, the Director of the Centers for Dis-
ease Control and Prevention, the Secretary of Labor, and 
other appropriate Federal agencies, shall establish a plan 
and initiate a program— 
‘‘(1) to increase awareness of the dangers posed 
by— 
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‘‘(A) 
asbestos-containing 
products 
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; 
‘‘(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- 
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containing products used by consumers and workers that 
present or will present 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. 
‘‘SEC. 603. PROHIBITION ON ASBESTOS-CONTAINING PROD-
UCTS. 
‘‘(a) PROHIBITION.— 
‘‘(1) IN GENERAL.—Subject to subsection (b), 
no person shall import, manufacture, process, or dis-
tribute in commerce asbestos-containing products. 
‘‘(2) EFFECTIVE DATE.—The prohibition under 
paragraph (1) shall take effect 2 years after the date 
of enactment of this title. 
‘‘(b) EXEMPTIONS.— 
‘‘(1) IN GENERAL.— 
‘‘(A) PETITION.—Any person may petition 
the Administrator for an exemption from the 
requirements of subsection (a) for an asbestos- 
containing product and the Administrator may 
grant, by rule, such an exemption if the Admin-
istrator finds that— 
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‘‘(i) the use of the asbestos-containing 
product will not present an unreasonable 
risk of injury to health or the environment; 
‘‘(ii) there is no alternative to the as-
bestos-containing product that is the sub-
ject of the petition; and 
‘‘(iii) the use of the asbestos-con-
taining product is in compliance with all 
Federal and State laws and regulations. 
‘‘(B) TERMS
AND
CONDITIONS.—An ex-
emption granted under this paragraph shall be 
in effect for such period (not to exceed a total 
of 3 years) and subject to such terms and con-
ditions as the Administrator may prescribe. 
‘‘(C) INFORMATION ON USERS.—Any per-
son seeking an exemption under this paragraph 
from the requirements of subsection (a) for an 
asbestos-containing product shall include in the 
petition to the Administrator the names of any 
manufacturer, importer, distributor, or proc-
essor of the asbestos-containing product known 
to the person seeking the exemption at the time 
of submission of the petition. 
‘‘(2) GOVERNMENTAL USE.— 
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‘‘(A) IN
GENERAL.—An exemption from 
the requirements of subsection (a) shall apply, 
only to the extent necessary for the critical 
functions described in a certification provided 
under clause (i) or (ii), if the exemption is— 
‘‘(i) sought by the Secretary of De-
fense, and the Secretary provides a copy of 
a certification to the Administrator and 
Congress that— 
‘‘(I) describes the scope of each 
use of the asbestos-containing prod-
uct, and certifies that each use is nec-
essary to the critical functions of the 
Department of Defense; 
‘‘(II) certifies that no reasonable 
alternatives to the asbestos-containing 
product exist for the intended uses; 
‘‘(III) certifies that use of the as-
bestos-containing product will not 
present an unreasonable risk of injury 
to health or the environment; and 
‘‘(IV) certifies that the use of the 
asbestos-containing product is in com-
pliance with all Federal laws and reg-
ulations; or 
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‘‘(ii) sought by the Administrator of 
the National Aeronautics and Space Ad-
ministration, and the Administrator of the 
National Aeronautics and Space Adminis-
tration provides a copy of a certification to 
the Administrator and Congress that— 
‘‘(I) certifies that the asbestos- 
containing product is necessary to the 
critical functions of the National Aer-
onautics and Space Administration; 
‘‘(II) certifies that no reasonable 
alternatives to the asbestos-containing 
product exist for the intended use; 
‘‘(III) certifies that the use of the 
asbestos-containing product will not 
present an unreasonable risk of injury 
to health or the environment; and 
‘‘(IV) certifies that the use of the 
asbestos-containing product is in com-
pliance with all Federal laws and reg-
ulations. 
‘‘(B) CONTENTS.—A certification required 
under subparagraph (A) shall include a descrip-
tion of the critical functions, and shall identify 
any 
authorized 
manufacturer, 
importer, 
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bonate, olivine, talc, vermiculite, and wol-
lastonite; and 
‘‘(III) activity-based monitoring of as-
bestos-containing calcium carbonate, oli-
vine, talc, vermiculite, and wollastonite. 
‘‘(ii) Not later than 3 years after the date 
of enactment of this title, the Administrator 
shall promulgate final regulations establishing 
the test method, including the sampling fre-
quency, for purposes of compliance with this 
paragraph. In establishing the test method 
under this clause, the Administrator shall evalu-
ate and take into account the factors described 
in clause (i)(I) through (III). 
‘‘(iii) Not later than 3 years after the date 
of promulgation of final regulations under 
clause (ii), and at least every 3 years thereafter, 
the Administrator shall evaluate the currently 
effective test method established under those 
regulations to determine whether the test meth-
od should be revised, taking into account the 
factors described in clause (i)(I) through (III). 
If the Administrator determines that the test 
method should be revised, the Administrator 
shall promulgate regulations establishing a new 
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