HR 3285 IHCommentsClose CommentsPermalink

To amend the Toxic Substances Control Act to reduce the health risks posed by asbestos-containing products, and for other purposes.CommentsClose CommentsPermalink

August 1, 2007

Mr. COHEN introduced the following bill; which was referred to the Committee on Energy and CommerceCommentsClose CommentsPermalink

To amend the Toxic Substances Control Act to reduce the health risks posed by asbestos-containing products, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the `Ban Asbestos in America Act of 2007'.CommentsClose CommentsPermalink

SEC. 2. FINDINGS.

Congress finds that--CommentsClose CommentsPermalink





(1)(A) the Administrator of the Environmental Protection Agency has classified asbestos as a category A human carcinogen, the highest cancer hazard classification for a substance; andCommentsClose CommentsPermalink





(B) the International Agency for Research on Cancer has classified asbestos as a class 1 human carcinogen;CommentsClose CommentsPermalink





(2) many people in the United States incorrectly believe that--CommentsClose CommentsPermalink





(A) asbestos has been banned in the United States; andCommentsClose CommentsPermalink





(B) there is no risk of exposure to asbestos through the use of new commercial products;CommentsClose CommentsPermalink





(3) the United States Geological Survey reported that, in 2006, the United States used 2,000 metric tons of asbestos, of which approximately--CommentsClose CommentsPermalink





(A) 55 percent was used in roofing products;CommentsClose CommentsPermalink





(B) 26 percent was used in coatings; andCommentsClose CommentsPermalink





(C) 19 percent was used in other products, such as friction products;CommentsClose CommentsPermalink





(4) the Department of Commerce estimates that the United States imports more than $100,000,000 of brake parts per year;CommentsClose CommentsPermalink





(5) available evidence suggests that--CommentsClose CommentsPermalink





(A) imports of some types of asbestos-containing products are increasing; andCommentsClose CommentsPermalink





(B) some of those products are imported from foreign countries in which asbestos is poorly regulated;CommentsClose CommentsPermalink





(6) there is no known safe level of exposure to asbestos;CommentsClose CommentsPermalink





(7) even low levels of exposure to asbestos may cause asbestos-related diseases, including mesothelioma;CommentsClose CommentsPermalink





(8) millions of workers in the United States have been, and continue to be, exposed to dangerous levels of asbestos;CommentsClose CommentsPermalink





(9) worker deaths from noncancerous lung disease can occur at levels of exposure to asbestos below the levels allowed by the Occupational Safety and Health Administration as of the date of enactment of this Act;CommentsClose CommentsPermalink





(10) families of workers are put at risk because of asbestos brought home by the workers on the shoes, clothes, skin, and hair of the workers;CommentsClose CommentsPermalink





(11) approximately 1/3 of mesothelioma victims were exposed to asbestos while serving the United States on Navy ships or shipyards;CommentsClose CommentsPermalink





(12) the National Institutes of Health reported to Congress in 2006 that mesothelioma is a difficult disease to detect, diagnose, and treat;CommentsClose CommentsPermalink





(13) the Environmental Working Group estimates that as many as 10,000 citizens of the United States die each year from mesothelioma and other asbestos-related diseases;CommentsClose CommentsPermalink





(14)(A) mesothelioma responds poorly to conventional chemotherapy; andCommentsClose CommentsPermalink





(B) although new combination treatments for mesothelioma have demonstrated some benefits--CommentsClose CommentsPermalink





(i) the median survival period for mesothelioma is only 1 year after diagnosis of the disease; andCommentsClose CommentsPermalink





(ii) the majority of mesothelioma patients die within 2 years of diagnosis of the disease;CommentsClose CommentsPermalink





(15) in hearings before Congress in the early 1970s, the example of asbestos was used to justify the need for comprehensive legislation on toxic substances;CommentsClose CommentsPermalink





(16) in 1976, Congress passed the Toxic Substances Control Act (15 U.S.C. 2601 et seq.);CommentsClose CommentsPermalink





(17) in 1989, the Administrator promulgated final regulations under title II of the Toxic Substances Control Act (15 U.S.C. 2641 et seq.) to phase out asbestos in consumer products by 1997;CommentsClose CommentsPermalink





(18) in 1991, the United States Court of Appeals for the 5th Circuit overturned portions of the regulations, and the Federal Government did not appeal the decision to the Supreme Court;CommentsClose CommentsPermalink





(19) as a result, while new applications for asbestos were banned, asbestos is still being imported and used in some consumer and industrial products in the United States;CommentsClose CommentsPermalink





(20) the National Cancer Institute recognizes a clear need for new agents to improve the outlook for patients with mesothelioma and other asbestos-related diseases;CommentsClose CommentsPermalink





(21) the National Institutes of Health should continue to improve detection, treatment, and management of asbestos-related diseases, such as mesothelioma, including by providing continued support for the pleural mesothelioma treatment and research program and peritoneal surgical initiatives;CommentsClose CommentsPermalink





(22) given the risk of asbestos exposure for members and veterans of the Armed Forces, the Department of Defense has an obligation to study diseases related to asbestos exposure in the military and veteran population, including by conducting research in coordination with the National Institutes of Health on the early detection and treatment of mesothelioma;CommentsClose CommentsPermalink





(23) asbestos has been banned in 40 countries, including Argentina, Australia, Austria, Belgium, Chile, Croatia, the Czech Republic, Denmark, Estonia, 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;CommentsClose CommentsPermalink





(24) asbestos was banned throughout the European Union in 2005; andCommentsClose CommentsPermalink





(25) banning asbestos from being used in or imported into the United States will provide certainty to manufacturers, builders, environmental remediation 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.CommentsClose CommentsPermalink

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--CommentsClose CommentsPermalink





(1) by inserting before section 201 (15 U.S.C. 2641) the following:CommentsClose CommentsPermalink

`Subtitle A--General Provisions';

andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink

`Subtitle B--Asbestos-Containing Products

`SEC. 221. DEFINITIONS.

`In this subtitle:CommentsClose CommentsPermalink





`(1) ASBESTOS-CONTAINING PRODUCT- The term `asbestos-containing product' means any product (including any part) to which asbestos is deliberately or knowingly added or in which asbestos is deliberately or knowingly used in any concentration.CommentsClose CommentsPermalink





`(2) BIOPERSISTENT DURABLE FIBER-CommentsClose CommentsPermalink





`(A) IN GENERAL- The term `biopersistent durable fiber' means a silicate fiber that--CommentsClose CommentsPermalink





`(i) occurs naturally in the environment; andCommentsClose CommentsPermalink





`(ii) is similar to asbestos in--CommentsClose CommentsPermalink





`(I) resistance to dissolution;CommentsClose CommentsPermalink





`(II) leaching; andCommentsClose CommentsPermalink





`(III) other physical, chemical, or biological processes expected from contact with lung cells and other cells and fluids in the human body.CommentsClose CommentsPermalink





`(B) INCLUSIONS- The term `biopersistent durable fiber' includes--CommentsClose CommentsPermalink





`(i) richterite;CommentsClose CommentsPermalink





`(ii) winchite;CommentsClose CommentsPermalink





`(iii) erionite; andCommentsClose CommentsPermalink





`(iv) non-asbestiform varieties of amosite, crocidolite, anthophyllite, tremolite, and actinolite.CommentsClose CommentsPermalink





`(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 concentration.CommentsClose CommentsPermalink





`(4) DISTRIBUTE IN COMMERCE-CommentsClose CommentsPermalink





`(A) IN GENERAL- The term `distribute in commerce' has the meaning given the term in section 3.CommentsClose CommentsPermalink





`(B) EXCLUSIONS- The term `distribute in commerce' does not include--CommentsClose CommentsPermalink





`(i) an action taken with respect to an asbestos-containing product in connection with the end use of the asbestos-containing product by a person that is an end user; orCommentsClose CommentsPermalink





`(ii) distribution of an asbestos-containing product by a person solely for the purpose of disposal of the asbestos-containing product in compliance with applicable Federal, State, and local requirements.CommentsClose CommentsPermalink





`(5) FIBER- The term `fiber' means an acicular single crystal or similarly elongated polycrystalline aggregate particle with a length to width ratio of 3 to 1 or greater.CommentsClose CommentsPermalink





`(6) PERSON- The term `person' means--CommentsClose CommentsPermalink





`(A) any individual;CommentsClose CommentsPermalink





`(B) any corporation, company, association, firm, partnership, joint venture, sole proprietorship, or other for-profit or nonprofit business entity (including any manufacturer, importer, distributor, or processor);CommentsClose CommentsPermalink





`(C) any Federal, State, or local department, agency, or instrumentality; andCommentsClose CommentsPermalink





`(D) any interstate body.CommentsClose CommentsPermalink

`SEC. 222. NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH STUDY.

`(a) In General- The National Institute for Occupational 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--CommentsClose CommentsPermalink





`(1) a description of the current state of the science relating to--CommentsClose CommentsPermalink





`(A) the disease mechanisms and health effects of exposure to asbestos and other biopersistent durable fibers; andCommentsClose CommentsPermalink





`(B) methods for measuring and analyzing asbestos;CommentsClose CommentsPermalink





`(2) a description of the current status of labeling practices relating to asbestos-containing material; andCommentsClose CommentsPermalink





`(3) recommendations for future asbestos-related disease research and exposure assessment practice needs.CommentsClose CommentsPermalink





`(b) Authorization of Appropriations- There are authorized to be appropriated such sums as are necessary to carry out this section.CommentsClose CommentsPermalink

`SEC. 223. PROHIBITION ON ASBESTOS-CONTAINING PRODUCTS.

`(a) In General- Subject to subsection (b), the Administrator shall promulgate--CommentsClose CommentsPermalink





`(1) not later than 1 year after the date of enactment of this subtitle, proposed regulations that--CommentsClose CommentsPermalink





`(A) prohibit persons from importing, manufacturing, processing, or distributing in commerce asbestos-containing products; andCommentsClose CommentsPermalink





`(B) provide for implementation of subsections (b) and (c); andCommentsClose CommentsPermalink





`(2) not later than 2 years after the date of enactment of this subtitle, final regulations that, effective beginning 60 days after the date of promulgation, prohibit persons from importing, manufacturing, processing, or distributing in commerce asbestos-containing products.CommentsClose CommentsPermalink





`(b) Exemptions-CommentsClose CommentsPermalink





`(1) IN GENERAL- Any person may petition the Administrator for, and the Administrator may grant, an exemption from the requirements of subsection (a) if the Administrator determines that--CommentsClose CommentsPermalink





`(A) the exemption would not result in an unreasonable risk of injury to public health or the environment; andCommentsClose CommentsPermalink





`(B) the person has made good faith efforts to develop, but has been unable to develop, a substance, or identify a mineral, that--CommentsClose CommentsPermalink





`(i) does not present an unreasonable risk of injury to public health or the environment; andCommentsClose CommentsPermalink





`(ii) may be substituted for an asbestos-containing product.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(A) sought by the Secretary of Defense and the Secretary certifies, and provides a copy of that certification to Congress, that--CommentsClose CommentsPermalink





`(i) use of the asbestos containing product is necessary to the critical functions of the Department;CommentsClose CommentsPermalink





`(ii) no reasonable alternatives to the asbestos containing product exist for the intended purpose; andCommentsClose CommentsPermalink





`(iii) use of the asbestos containing product will not result in an unreasonable risk to health or the environment; orCommentsClose CommentsPermalink





`(B) sought by the Administrator of the National Aeronautics and Space Administration and the Administrator of the National Aeronautics and Space Administration certifies, and provides a copy of that certification to Congress, that--CommentsClose CommentsPermalink





`(i) the asbestos-containing product is necessary to the critical functions of the National Aeronautics and Space Administration;CommentsClose CommentsPermalink





`(ii) no reasonable alternatives to the asbestos-containing product exist for the intended purpose; andCommentsClose CommentsPermalink





`(iii) the use of the asbestos-containing product will not result in an unreasonable risk to health or the environment.CommentsClose CommentsPermalink





`(c) Disposal-CommentsClose CommentsPermalink





`(1) IN GENERAL- Except as provided in paragraph (2), not later than 2 years after the date of enactment of this subtitle, each person that possesses 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.CommentsClose CommentsPermalink





`(2) EXEMPTION- Nothing in paragraph (1)--CommentsClose CommentsPermalink





`(A) applies to an asbestos-containing product that--CommentsClose CommentsPermalink





`(i) is no longer in the stream of commerce; orCommentsClose CommentsPermalink





`(ii) is in the possession of an end user; orCommentsClose CommentsPermalink





`(B) requires that an asbestos-containing product described in subparagraph (A) be removed or replaced.CommentsClose CommentsPermalink

`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 Disease Control and Prevention, and the Secretary of Labor, shall establish a plan--CommentsClose CommentsPermalink





`(1) to increase awareness of the dangers posed by--CommentsClose CommentsPermalink





`(A) asbestos-containing products and contaminants in homes and workplaces; andCommentsClose CommentsPermalink





`(B) asbestos-related diseases;CommentsClose CommentsPermalink





`(2) to provide current and comprehensive information to asbestos-related disease patients, family members of patients, and front-line health care providers on--CommentsClose CommentsPermalink





`(A) the dangers of asbestos exposure;CommentsClose CommentsPermalink





`(B) asbestos-related labeling information;CommentsClose CommentsPermalink





`(C) health effects of exposure to asbestos;CommentsClose CommentsPermalink





`(D) symptoms of asbestos exposure; andCommentsClose CommentsPermalink





`(E) available and developing treatments for asbestos-related diseases, including clinical trials;CommentsClose CommentsPermalink





`(3) to encourage asbestos-related disease patients, family members of patients, and front-line health care providers to participate in research and treatment endeavors relating to asbestos; andCommentsClose CommentsPermalink





`(4) to encourage health care providers and researchers to provide to asbestos-related disease patients and family members of patients information relating to research, diagnostic, and clinical treatments relating to asbestos.CommentsClose CommentsPermalink





`(b) Greatest Risks- In establishing the program, 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.CommentsClose CommentsPermalink





`(c) Authorization of Appropriations- There are authorized to be appropriated such sums as are necessary to carry out this section.'.CommentsClose CommentsPermalink





(b) Conforming Amendment- The table of contents in sections 1 of the Toxic Substances Control Act (15 U.S.C. prec. 2601) is amended--CommentsClose CommentsPermalink





(1) by inserting before the item relating to section 201 the following:CommentsClose CommentsPermalink

`Subtitle A-General Provisions';

andCommentsClose CommentsPermalink





(2) by adding at the end of the items relating to title II the following:CommentsClose CommentsPermalink

`Subtitle B--Asbestos-Containing Products

`Sec. 221. Definitions.CommentsClose CommentsPermalink





`Sec. 222. National Institute for Occupational Safety and Health study.CommentsClose CommentsPermalink





`Sec. 223. Prohibition on asbestos-containing products.CommentsClose CommentsPermalink





`Sec. 224. Public education program.'.CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink

`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, particularly mesothelioma, asbestosis, and pleural injuries.CommentsClose CommentsPermalink





`(b) Administration- The Secretary shall carry out this section in collaboration with--CommentsClose CommentsPermalink





`(1) the Administrator of the Agency for Toxic Substances and Disease Registry;CommentsClose CommentsPermalink





`(2) the Director of the National Institute for Occupational Safety and Health; andCommentsClose CommentsPermalink





`(3) the head of any other agency, as the Secretary determines to be appropriate.CommentsClose CommentsPermalink





`(c) Asbestos-Related Disease Registry-CommentsClose CommentsPermalink





`(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 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, coordinate, and provide data and specimens from--CommentsClose CommentsPermalink





`(A) State cancer registries and other cancer registries;CommentsClose CommentsPermalink





`(B) the National Mesothelioma Virtual Registry and Tissue Bank; andCommentsClose CommentsPermalink





`(C) each entity participating in the asbestos-related disease research and treatment network established under section 417F(a).CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(d) Authorization of Appropriations- In addition to amounts made available for the purposes described in subsection (a) under other law, there are authorized to be appropriated to carry out this section such sums as are necessary for fiscal year 2008 and each fiscal year thereafter.CommentsClose CommentsPermalink

`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 asbestos-related disease research and treatment network (referred to in this section as the `Network') to support the detection, prevention, treatment, and cure of asbestos-related diseases, with particular emphasis on malignant mesothelioma.CommentsClose CommentsPermalink





`(b) Inclusions- The Network shall include--CommentsClose CommentsPermalink





`(1) intramural research initiatives of the National Institutes of Health; andCommentsClose CommentsPermalink





`(2) at least 10 extramural asbestos-related disease research and treatment centers, as selected by the Director of NIH in accordance with subsection (c).CommentsClose CommentsPermalink





`(c) Extramural Asbestos-Related Disease Research and Treatment Centers-CommentsClose CommentsPermalink





`(1) IN GENERAL- For each fiscal year during which the Network is operated and maintained under subsection (a), the Director of NIH shall select for inclusion in the Network not less than 10 nonprofit hospitals, universities, or medical or research institutions incorporated or organized in the United States that, as determined by the Director of NIH--CommentsClose CommentsPermalink





`(A) have exemplary experience and qualifications in research and treatment of asbestos-related diseases;CommentsClose CommentsPermalink





`(B) have access to an appropriate population of patients with asbestos-related diseases; andCommentsClose CommentsPermalink





`(C) are geographically distributed throughout the United States, with special consideration given to areas of high incidence of asbestos-related diseases.CommentsClose CommentsPermalink





`(2) REQUIREMENTS- Each center selected under paragraph (1) shall--CommentsClose CommentsPermalink





`(A) be chosen by the Director of NIH after competitive peer review;CommentsClose CommentsPermalink





`(B) conduct laboratory and clinical research, including clinical trials, relating to--CommentsClose CommentsPermalink





`(i) mechanisms for effective therapeutic treatment of asbestos-related diseases;CommentsClose CommentsPermalink





`(ii) early detection and prevention of asbestos-related diseases;CommentsClose CommentsPermalink





`(iii) palliation of asbestos-related disease symptoms; andCommentsClose CommentsPermalink





`(iv) pain management with respect to asbestos-related diseases;CommentsClose CommentsPermalink





`(C) offer to asbestos-related disease patients travel and lodging assistance as necessary--CommentsClose CommentsPermalink





`(i) to accommodate the maximum number of patients practicable; andCommentsClose CommentsPermalink





`(ii) to serve a number of patients at the center sufficient to conduct a meaningful clinical trial;CommentsClose CommentsPermalink





`(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 asbestos-related diseases, particularly mesothelioma; andCommentsClose CommentsPermalink





`(E) coordinate the research and treatment efforts of the center (including specimen sharing and use of common infomatics) with other entities included in--CommentsClose CommentsPermalink





`(i) the Network; andCommentsClose CommentsPermalink





`(ii) the National Virtual Mesothelioma Registry and Tissue Bank.CommentsClose CommentsPermalink





`(3) PERIOD OF INCLUSION- A center selected by the Director of NIH under this subsection shall be included in the Network for--CommentsClose CommentsPermalink





`(A) the 1-year period beginning on the date of selection of the center; orCommentsClose CommentsPermalink





`(B) such longer period as the Director of NIH determines to be appropriate.CommentsClose CommentsPermalink





`(d) Grants- The Director of NIH shall provide to each center selected for inclusion in the Network under subsection (c) for the fiscal year a grant in an amount equal to $1,000,000 to support the detection, prevention, treatment, and cure of asbestos-related diseases, with particular emphasis on malignant mesothelioma.CommentsClose CommentsPermalink





`(e) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2008 through 2012.CommentsClose CommentsPermalink

`SEC. 417G. DEPARTMENT OF DEFENSE RESEARCH.

`(a) In General- The Secretary, acting through the United States Army Medical Research and Materiel Command, shall support research on mesothelioma and other asbestos-related diseases that has clear scientific value and direct relevance to the health of members and veterans of the Armed Forces, in accordance with the appropriate congressionally directed medical research program, with the goal of advancing the understanding, early detection, and treatment of asbestos-related mesothelioma and other asbestos-related diseases.CommentsClose CommentsPermalink





`(b) Administration- The Secretary shall carry out this section in collaboration with--CommentsClose CommentsPermalink





`(1) the Director of NIH;CommentsClose CommentsPermalink





`(2) the Director of the National Institute of Occupational Safety and Health; andCommentsClose CommentsPermalink





`(3) the head of any other agency, as the Secretary determines to be appropriate.CommentsClose CommentsPermalink





`(c) Authorization of Appropriations- There are authorized to be appropriated to carry out this section such sums as are necessary for fiscal year 2008 and each fiscal year thereafter.'.CommentsClose CommentsPermalink