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H.R.3285 - Ban Asbestos in America Act of 2007
To amend the Toxic Substances Control Act to reduce the health risks posed by asbestos-containing products, and for other purposes.
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August 1, 2007
SECTION 1. SHORT TITLE.
SEC. 2. FINDINGS.
(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
(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
(17) in 1989, the Administrator promulgated final regulations under title II of the Toxic Substances Control Act (
(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
(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
(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.
`Subtitle A--General Provisions';
`Subtitle B--Asbestos-Containing Products
`SEC. 221. DEFINITIONS.
`(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
`(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
`(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
`(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
`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
`SEC. 223. PROHIBITION ON ASBESTOS-CONTAINING PRODUCTS.
`(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
`(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
`(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
`(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
`(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
`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
`(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
`Subtitle A-General Provisions';
`Subtitle B--Asbestos-Containing Products
SEC. 4. ASBESTOS-RELATED DISEASES.
`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
`(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
`(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
`(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
`(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
`(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
`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
`(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
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