[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1115 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                S. 1115

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 22, 2003

  Mrs. Murray (for herself, Mr. Dayton, Ms. Cantwell, Mr. Baucus, Mr. 
  Leahy, Mrs. Boxer, and Mr. Jeffords) 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 
2003''.

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 portions of the regulations, and the 
        Government did not appeal the decision to the Supreme Court;
            (6) as a result, while new applications for asbestos were 
        banned, asbestos is still being used in some consumer and 
        industrial products in the United States;
            (7) the United States Geological Survey has determined that 
        in 2000, companies in the United States consumed 15,000 metric 
        tons of chrysotile asbestos, of which approximately 62 percent 
        was consumed in roofing products, 22 percent in gaskets, 12 
        percent in friction products, and 4 percent in other products;
            (8) 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;
            (9) 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;
            (10) the Department of Commerce estimates that in 2000, the 
        United States imported 51,483 metric tons of asbestos-cement 
        products;
            (11) 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 
        added to new construction and manufacturing materials used in 
        this country;
            (12) asbestos has been banned in Argentina, Australia, 
        Austria, Belgium, Chile, Croatia, the Czech Republic, Denmark, 
        Finland, France, Germany, Iceland, Ireland, Italy, Latvia, 
        Luxembourg, the Netherlands, Norway, Poland, Saudi Arabia, the 
        Slovak Republic, Spain, Sweden, Switzerland, and the United 
        Kingdom;
            (13) asbestos will be banned throughout the European Union 
        in 2005;
            (14) in 2000, the World Trade Organization 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;
            (15) 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.'';
            (16) people in the United States have been exposed to 
        harmful levels of asbestos as a contaminant of other minerals;
            (17) 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;
            (18) 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 80 times 
        higher than expected. Mesothelioma mortality was also 
        elevated.'';
            (19)(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) on October 23, 2002, the Administrator placed Libby on 
        the National Priorities List;
            (20)(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;
            (21) the Administrator has identified 14 sites that have 
        dangerous levels of asbestos-tainted vermiculite and require 
        cleanup efforts; and
            (22) although it is impracticable to eliminate exposure to 
        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 and Congress has the power 
to prohibit the continued, intentional use of asbestos in consumer 
products.

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) 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 person that is an end user; or
                            ``(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.
            ``(4) 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, chemical, 
                                or biological processes expected from 
                                contact with lung cells and other cells 
                                and fluids in the human body.
                    ``(B) Inclusions.--The term `durable fiber' 
                includes--
                            ``(i) richterite;
                            ``(ii) winchite;
                            ``(iii) erionite; and
                            ``(iv) nonasbestiform varieties of 
                        crocidolite, amosite, anthophyllite, tremolite, 
                        and actinolite.
            ``(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.
            ``(6) Person.--The term `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.

``SEC. 222. NATIONAL ACADEMY OF SCIENCES STUDY.

    ``The Administrator shall enter into a contract with the National 
Academy of Sciences to study and, not later than 18 months after the 
date of enactment of this subtitle, provide the Administrator, and 
other Federal agencies, as appropriate--
            ``(1) a description of the current state of the science 
        relating to the human health effects of exposure to asbestos 
        and other durable fibers; and
            ``(2) recommendations for the establishment of--
                    ``(A) a uniform system for the establishment of 
                asbestos exposure standards for workers, school 
                children, and other populations; and
                    ``(B) a uniform system for the establishment of 
                protocols for detecting and measuring asbestos.

``SEC. 223. ASBESTOS POLICIES PANEL.

    ``(a) Panel.--
            ``(1) In general.--The Administrator shall establish an 
        Asbestos Policies Panel (referred to in this section as the 
        `panel') to study asbestos and other durable fibers.
            ``(2) Membership.--The panel shall be comprised of 
        representatives of--
                    ``(A) the Secretary of Labor;
                    ``(B) the Secretary of Health and Human Services; 
                and
                    ``(C) the Chairman of the Consumer Product Safety 
                Commission;
                    ``(D) nongovernmental environmental, public health, 
                and consumer organizations;
                    ``(E) industry;
                    ``(F) school officials;
                    ``(G) public health officials;
                    ``(H) labor organizations; and
                    ``(I) the public.
    ``(b) Duties.--The panel shall--
            ``(1) provide independent advice and counsel to the 
        Administrator and other Federal agencies on policy issues 
        associated with the use and management of asbestos and other 
        durable fibers; and
            ``(2) study and, not later than 2 years after the date of 
        enactment of this subtitle, provide the Administrator, other 
        Federal agencies, and Congress recommendations concerning--
                    ``(A) implementation of subtitle A;
                    ``(B) grant programs under subtitle A;
                    ``(C) revisions to the national emissions standards 
                for hazardous air pollutants promulgated under the 
                Clean Air Act (42 U.S.C. 7401 et seq.);
                    ``(D) legislative and regulatory options for 
                improving consumer and worker protections against 
                harmful health effects of exposure to asbestos and 
                durable fibers;
                    ``(E) 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;
                    ``(F) the feasibility of establishing a durable 
                fibers testing program;
                    ``(G) options to improve protections against 
                exposure to asbestos from asbestos-containing products 
                and contaminant-asbestos products in buildings;
                    ``(H) current research on and technologies for 
                disposal of asbestos-containing products and 
                contaminant-asbestos products; and
                    ``(I) at the option of the panel, the effects on 
                human health that may result from exposure to ceramic, 
                carbon, and other manmade fibers.

``SEC. 224. 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) the extent to which consumers and workers are being 
        exposed to unhealthful levels of asbestos through exposure to 
        products described in paragraph (1).
    ``(c) Report.--Not later than 18 months after the date of enactment 
of this subtitle, 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. 225. PROHIBITION ON ASBESTOS-CONTAINING PRODUCTS.

    ``(a) In General.--Subject to subsection (b), the Administrator 
shall promulgate--
            ``(1) not later than 1 year after the date of enactment of 
        this subtitle, proposed regulations that--
                    ``(A) prohibit persons from manufacturing, 
                processing, or distributing in commerce asbestos-
                containing products; and
                    ``(B) provide for implementation of subsections (b) 
                and (c); and
            ``(2) not later than 2 years after the date of enactment of 
        this subtitle, final regulations that, effective 60 days after 
        the date of promulgation, prohibit 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, but has been unable 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) Disposal.--
            ``(1) In general.--Except as provided in paragraph (2), not 
        later than 3 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.
            ``(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. 226. PUBLIC EDUCATION PROGRAM.

    ``(a) In General.--Not later than 2 years after the date of 
enactment of this subtitle, 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 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 224;
            ``(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 Asbestos Policies 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) 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) Mesothelioma Registry.--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 data from State cancer 
registries and other cancer registries, which shall form the basis for 
establishing a Mesothelioma Registry.
    ``(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 2004 and each fiscal year 
thereafter.

``SEC. 417E. MESOTHELIOMA RESEARCH AND TREATMENT CENTERS.

    ``(a) In General.--The Director of NIH shall provide $1,000,000 for 
each of fiscal years 2004 through 2008 for each of up to 10 
mesothelioma disease research and treatment centers.
    ``(b) Requirements.--The Centers shall--
            ``(1) be chosen through competitive peer review;
            ``(2) be geographically distributed throughout the United 
        States with special consideration given to areas of high 
        incidence of mesothelioma disease;
            ``(3) be closely associated with Department of Veterans 
        Affairs medical centers to provide research benefits and care 
        to veterans, who have suffered excessively from mesothelioma;
            ``(4) be engaged in research to provide mechanisms for 
        detection and prevention of mesothelioma, particularly in the 
        areas of pain management and cures;
            ``(5) be engaged in public education about mesothelioma and 
        prevention, screening, and treatment;
            ``(6) be participants in the National Mesothelioma 
        Registry;
            ``(7) be coordinated in their research and treatment 
        efforts with other Centers and institutions involved in 
        exemplary mesothelioma research; and
            ``(8) be focused on research and treatments for 
        mesothelioma that have historically been underfunded.
    ``(c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $10,000,000 for each of fiscal 
years 2004 through 2008.''.

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. National Academy of Sciences Study.
        ``Sec. 223. Asbestos Policies Panel.
        ``Sec. 224. Study of asbestos-containing products and 
                            contaminant-asbestos products.
        ``Sec. 225. Prohibition on asbestos-containing products.
        ``Sec. 226. Public education program.''.
                                 <all>