[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2641 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 2641

 To amend the Toxic Substances Control Act to reduce the health risks 
                 posed by asbestos-containing products.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 18, 2002

Mrs. Murray (for herself, Mr. Baucus, Ms. Cantwell, Mr. Dayton, and Mr. 
  Wellstone) introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
 To amend the Toxic Substances Control Act to reduce the health risks 
                 posed by asbestos-containing products.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ban Asbestos in America Act of 
2002''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the Administrator of the Environmental Protection 
        Agency has classified asbestos as a category A human 
        carcinogen, the highest cancer hazard classification for a 
        substance;
            (2) there is no known safe level of exposure to asbestos;
            (3)(A) in hearings before Congress in the early 1970s, the 
        example of asbestos was used to justify the need for 
        comprehensive legislation on toxic substances; and
            (B) in 1976, Congress passed the Toxic Substances Control 
        Act (15 U.S.C. 2601 et seq.);
            (4) 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;
            (5) in 1991, the United States Court of Appeals for the 5th 
        Circuit overturned the regulations, and the Administrator did 
        not appeal the decision to the Supreme Court;
            (6) as a result, while new uses of asbestos were banned, 
        asbestos is still being used in some consumer and industrial 
        products in the United States;
            (7) available evidence suggests that--
                    (A) imports of some types of asbestos-containing 
                products may be increasing; and
                    (B) some of those products are imported from 
                foreign countries in which asbestos is poorly 
                regulated;
            (8) many people in the United States incorrectly believe 
        that--
                    (A) asbestos has been banned in the United States; 
                and
                    (B) there is no risk of exposure to asbestos 
                through the use of new commercial products;
            (9) asbestos has been banned in Argentina, Austria, 
        Belgium, Chile, Croatia, Denmark, Finland, France, Germany, 
        Iceland, Ireland, Italy, Latvia, the Netherlands, Norway, 
        Poland, Saudi Arabia, Sweden, Switzerland, and the United 
        Kingdom;
            (10) asbestos will be banned throughout the European Union 
        in 2005;
            (11) the World Trade Organization recently upheld the right 
        of France to ban asbestos, with the United States Trade 
        Representative filing a brief in support of the right of France 
        to ban asbestos;
            (12) the 1999 brief by the United States Trade 
        Representative stated, ``In the view of the United States, 
        chrysotile asbestos is a toxic material that presents a serious 
        risk to human health.'';
            (13) people in the United States have been exposed to 
        harmful levels of asbestos as a contaminant of other minerals;
            (14) in the town of Libby, Montana, workers and residents 
        have been exposed to dangerous levels of asbestos for 
        generations because of mining operations at the W.R. Grace 
        vermiculite mine located in that town;
            (15) the Agency for Toxic Substances and Disease Registry 
        found that over a 20-year period, ``mortality in Libby 
        resulting from asbestosis was approximately 40 to 60 times 
        higher than expected. Mesothelioma mortality was also 
        elevated.'';
            (16)(A) in response to this crisis, in January 2002, the 
        Governor of Montana requested that the Administrator of the 
        Environmental Protection Agency designate Libby as a Superfund 
        site; and
            (B) the Administrator is in the process of placing Libby on 
        the National Priorities List;
            (17)(A) vermiculite from Libby was shipped for processing 
        to 42 States; and
            (B) Federal agencies are investigating potential harmful 
        exposures to asbestos-contaminated vermiculite at sites 
        throughout the United States; and
            (18) although it is impracticable to ban asbestos entirely 
        because asbestos is a naturally occurring mineral in the 
        environment and occurs in several deposits throughout the 
        United States, Congress needs to do more to protect the public 
        from exposure to asbestos.

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:

               ``Subtitle B--Asbestos-Containing Products

``SEC. 221. DEFINITIONS.

    ``In this subtitle:
            ``(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.
            ``(2) 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.
            ``(3) Covered person.--The term `covered person' means--
                    ``(A) any individual;
                    ``(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);
                    ``(C) any Federal, State, or local department, 
                agency, or instrumentality; and
                    ``(D) any interstate body.
            ``(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 connection with 
                        the end use of the asbestos-containing product 
                        by a covered person that is an end user; or
                            ``(ii) distribution of an asbestos-
                        containing product by a covered person solely 
                        for the purpose of disposal of the asbestos-
                        containing product.
            ``(5) Durable fiber.--
                    ``(A) In general.--The term `durable fiber' means a 
                silicate fiber that--
                            ``(i) occurs naturally in the environment; 
                        and
                            ``(ii) is similar to asbestos in--
                                    ``(I) resistance to dissolution;
                                    ``(II) leaching; and
                                    ``(III) other physical or chemical 
                                processes expected from contact with 
                                lung cells and fluids.
                    ``(B) Inclusions.--The term `durable fiber' 
                includes--
                            ``(i) richterite;
                            ``(ii) winchite;
                            ``(iii) erionite; and
                            ``(iv) nonasbestiform varieties of 
                        chrysotile, crocidolite, amosite, 
                        anthophyllite, tremolite, and actinolite.
            ``(6) 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.

``SEC. 222. PANEL ON ASBESTOS AND OTHER DURABLE FIBERS.

    ``(a) Panel.--
            ``(1) In general.--The Administrator shall continue the 
        panel (established by the Administrator and in existence on the 
        date of enactment of this subtitle) to study asbestos and other 
        durable fibers.
            ``(2) Participation.--The Secretary of Labor, the Secretary 
        of Health and Human Services, and the Chairman of the Consumer 
        Product Safety Commission shall participate in the activities 
        of the panel.
    ``(b) Issues.--The panel shall study and, not later than 2 years 
after the date of enactment of this section, provide the Administrator 
recommendations for, public education programs relating to--
            ``(1) the need to establish, for use by all Federal 
        agencies--
                    ``(A) a uniform asbestos exposure standard; and
                    ``(B) a protocol for measuring and detecting 
                asbestos;
            ``(2) the current state of the science relating to the 
        human health effects of exposure to asbestos and other durable 
        fibers;
            ``(3) implementation of subtitle A;
            ``(4) grant programs under subtitle A;
            ``(5) revisions to the national emissions standards for 
        hazardous air pollutants promulgated under the Clean Air Act 
        (42 U.S.C. 7401 et seq.);
            ``(6) legislative and regulatory options for improving 
        consumer and worker protections against harmful health effects 
        of exposure to asbestos and durable fibers;
            ``(7) whether the definition of asbestos-containing 
        material, meaning any material that contains more than 1 
        percent asbestos by weight, should be modified throughout the 
        Code of Federal Regulations;
            ``(8) the feasibility of establishing a durable fibers 
        testing program;
            ``(9) options to improve protections against exposure to 
        asbestos from asbestos-containing products in buildings;
            ``(10) current research on and technologies for disposal of 
        asbestos-containing products and contaminant-asbestos products; 
        and
            ``(11) at the option of the panel, the effects on human 
        health that may result from exposure to ceramic, carbon, and 
        other manmade fibers.

``SEC. 223. STUDY OF ASBESTOS-CONTAINING PRODUCTS AND CONTAMINANT-
              ASBESTOS PRODUCTS.

    ``(a) In General.--In consultation with the Secretary of Labor, the 
Chairman of the International Trade Commission, the Chairman of the 
Consumer Product Safety Commission, and the Assistant Secretary for 
Occupational Safety and Health, the Administrator shall conduct a study 
on the status of the manufacture, processing, distribution in commerce, 
ownership, importation, and disposal of asbestos-containing products 
and contaminant-asbestos products in the United States.
    ``(b) Issues.--In conducting the study, the Administrator shall 
examine--
            ``(1) how consumers, workers, and businesses use asbestos-
        containing products and contaminant-asbestos products that are 
        entering commerce as of the date of enactment of this subtitle; 
        and
            ``(2) whether consumers and workers are being exposed to 
        unhealthful levels of asbestos through exposure to products 
        described in paragraph (1).
    ``(c) Report.--Not later than January 1, 2005, the Administrator 
shall submit to the Committee on Energy and Commerce of the House of 
Representatives and the Committee on Environment and Public Works of 
the Senate a report on the results of the study.

``SEC. 224. PROHIBITION ON ASBESTOS-CONTAINING PRODUCTS.

    ``(a) In General.--Subject to subsection (b), the Administrator 
shall promulgate--
            ``(1) not later than January 1, 2004, proposed regulations 
        that prohibit covered persons from manufacturing, processing, 
        or distributing in commerce asbestos-containing products; and
            ``(2) not later than January 1, 2005, final regulations 
        that prohibit covered persons from manufacturing, processing, 
        or distributing in commerce asbestos-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 subsection (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 efforts to 
                develop a substance, or identify a mineral, that--
                            ``(i) does not present an unreasonable risk 
                        of injury to public health or the environment; 
                        and
                            ``(ii) may be substituted for an asbestos-
                        containing product.
            ``(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.
    ``(c) Inventory.--
            ``(1) In general.--Subject to paragraph (3), each covered 
        person (other than an individual) that possesses an asbestos-
        containing product that is subject to the prohibition 
        established under this section shall establish an inventory of 
        the asbestos-containing product possessed by the covered person 
        as of January 1, 2005.
            ``(2) Contents.--The inventory of a covered person subject 
        to paragraph (1) shall--
                    ``(A) be in writing; and
                    ``(B) include--
                            ``(i) the type of each asbestos-containing 
                        product possessed by the covered person;
                            ``(ii) the number of product units of each 
                        asbestos-containing product in the inventory of 
                        the covered person; and
                            ``(iii) the location of the product units.
            ``(3) Records.--The information in an inventory of a 
        covered person shall be maintained for a period of not less 
        than 3 years.
            ``(4) Waiver.--The Administrator may waive the application 
        of this subsection to an end user that possesses a de minimis 
        quantity of an asbestos-containing product, as determined by 
        the Administrator.
    ``(d) Disposal.--
            ``(1) In general.--Except as provided in paragraph (2), not 
        later than June 1, 2005, each covered 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.
            ``(2) Exemption.--Nothing in paragraph (1)--
                    ``(A) applies to an asbestos-containing product 
                that--
                            ``(i) is no longer in the stream of 
                        commerce; or
                            ``(ii) is in the possession of an end user; 
                        or
                    ``(B) requires that an asbestos-containing product 
                described in subparagraph (A) be removed or replaced.

``SEC. 225. PUBLIC EDUCATION PROGRAM.

    ``(a) In General.--Not later than March 1, 2005, and subject to 
subsection (c), in consultation with the Chairman of the Consumer 
Product Safety Commission and the Secretary of Labor, the Administrator 
shall establish a program to increase awareness of the dangers posed by 
asbestos-containing products and contaminant-asbestos products in the 
marketplace, including homes and workplaces.
    ``(b) Greatest Risks.--In establishing the program, the 
Administrator shall--
            ``(1) base the program on the results of the study 
        conducted under section 223;
            ``(2) 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; and
            ``(3) at the option of the Administrator on receipt of a 
        recommendation from the panel, include in the program the 
        conduct of projects and activities to increase public awareness 
        of the effects on human health that may result from exposure 
        to--
                    ``(A) durable fibers; and
                    ``(B) ceramic, carbon, and other manmade fibers.
    ``(c) Minimal Risks.--If the Administrator determines, on the basis 
of the study conducted under section 223, that asbestos-containing 
products used by consumers and workers do not pose an unreasonable risk 
of injury to human health, the Administrator shall not be required to 
conduct a program under this section.
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section.''.
    (b) Vermiculite Insulation.--Not later than 180 days after the date 
of enactment of this Act, the Administrator of the Environmental 
Protection Agency and the Consumer Product Safety Commission shall 
begin a national campaign to educate consumers concerning--
            (1) the dangers of vermiculite insulation that may be 
        contaminated with asbestos; and
            (2) measures that homeowners and business owners can take 
        to protect against those dangers.

SEC. 4. ASBESTOS-CAUSED DISEASES.

    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. 417D. RESEARCH ON ASBESTOS-CAUSED 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.
    ``(b) Administration.--The Secretary shall carry out this section--
            ``(1) through the Director of NIH and the Director of the 
        CDC (Centers for Disease Control and Prevention); and
            ``(2) in collaboration with the Administrator of the Agency 
        for Toxic Substances and Disease Registry and the head of any 
        other agency that the Secretary determines to be appropriate.
    ``(c) 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 Institute for Occupational Safety and 
        Health and the Administrator of the Agency for Toxic Substances 
        and Disease Registry, shall establish a National Mesothelioma 
        Registry.
            ``(2) Contents.--The Registry shall contain information on 
        diseases caused by exposure to asbestos, particularly 
        mesothelioma.
    ``(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 2003 and each fiscal year 
thereafter.

``SEC. 417E. MESOTHELIOMA TREATMENT PROGRAMS.

    ``(a) Funding.--The Secretary, in consultation with the Director of 
NIH and the Director of the Centers for Disease Control and Prevention, 
shall provide not to exceed $500,000 for each of fiscal years 2003 
through 2007 to each institution described in subsection (b) to 
strengthen the mesothelioma treatment programs carried out at those 
institutions.
    ``(b) Institutions.--The institutions described in this subsection 
are the following:
            ``(1) The Memorial Sloan-Kettering Hospital, New York, New 
        York.
            ``(2) The Karmanos Cancer Institute at Wayne State 
        University, Detroit, Michigan.
            ``(3) The University of California at Los Angeles Medical 
        School, Los Angeles, California.
            ``(4) The University of Chicago Cancer Research Center, 
        Chicago, Illinois.
            ``(5) The University of Pennsylvania Hospital, 
        Philadelphia, Pennsylvania.
            ``(6) The University of Texas, through the M.D. Anderson 
        Cancer Research Center Houston, Texas.
            ``(7) The University of Washington, Seattle, Washington.
    ``(c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $3,500,000 for each of fiscal 
years 2003 through 2007.''.

SEC. 5. CONFORMING AMENDMENTS.

    The table of contents in section 1 of the Toxic Substances Control 
Act (15 U.S.C. prec. 2601) is amended--
            (1) by inserting before the item relating to section 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. Panel on asbestos and other durable fibers.
        ``Sec. 223. Study of asbestos-containing products and 
                            contaminant-asbestos products.
        ``Sec. 224. Prohibition on asbestos-containing products.
        ``Sec. 225. Public education program.''.
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