110 HR 3285 IH: Ban Asbestos in America Act of
U.S. House of Representatives
2007-08-01
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.This Act may be cited as the
Ban Asbestos in America Act of
2007
.
2.Congress finds that—
(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;
and
(B)the International Agency for Research
on Cancer has classified asbestos as a class 1 human carcinogen;
(2)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;
(3)the United States
Geological Survey reported that, in 2006, the United States used 2,000 metric
tons of asbestos, of which approximately—
(A)55 percent was
used in roofing products;
(B)26 percent was
used in coatings; and
(C)19 percent was used
in other products, such as friction products;
(4)the Department of
Commerce estimates that the United States imports more than $100,000,000 of
brake parts per year;
(5)available evidence
suggests that—
(A)imports of some
types of asbestos-containing products are increasing; and
(B)some of those
products are imported from foreign countries in which asbestos is poorly
regulated;
(6)there is no known
safe level of exposure to asbestos;
(7)even low levels of
exposure to asbestos may cause asbestos-related diseases, including
mesothelioma;
(8)millions of workers
in the United States have been, and continue to be, exposed to dangerous levels
of asbestos;
(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;
(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;
(11)approximately
1/3 of mesothelioma victims were exposed to asbestos while
serving the United States on Navy ships or shipyards;
(12)the National
Institutes of Health reported to Congress in 2006 that mesothelioma is a
difficult disease to detect, diagnose, and treat;
(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;
(14)(A)mesothelioma responds
poorly to conventional chemotherapy; and
(B)although new combination treatments
for mesothelioma have demonstrated some benefits—
(i)the median survival period for
mesothelioma is only 1 year after diagnosis of the disease; and
(ii)the majority of mesothelioma
patients die within 2 years of diagnosis of the disease;
(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;
(16)in 1976, Congress
passed the Toxic Substances Control Act (15 U.S.C. 2601 et seq.);
(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;
(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;
(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;
(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;
(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;
(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;
(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;
(24)asbestos was
banned throughout the European Union in 2005; and
(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.
3.Asbestos-containing
products
(a)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:
A
;
and(2)by adding at the
end the following:
BAsbestos-containing
products
221.In this subtitle:
(1)Asbestos-containing
productThe 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)Biopersistent
durable fiber
(A)The term biopersistent 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)The
term biopersistent durable fiber includes—
(i)richterite;
(ii)winchite;
(iii)erionite;
and
(iv)non-asbestiform
varieties of amosite, crocidolite, anthophyllite, tremolite, and
actinolite.
(3)Contaminant-asbestos
productThe term contaminant-asbestos product means
any product that contains asbestos as a contaminant of any mineral or other
substance, in any concentration.
(4)
(A)The term distribute in commerce has the
meaning given the term in section 3.
(B)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.
(5)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)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.
222.National
Institute for Occupational Safety and Health study
(a)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—
(1)a description of
the current state of the science relating to—
(A)the disease
mechanisms and health effects of exposure to asbestos and other biopersistent
durable fibers; and
(B)methods for
measuring and analyzing asbestos;
(2)a description of
the current status of labeling practices relating to asbestos-containing
material; and
(3)recommendations
for future asbestos-related disease research and exposure assessment practice
needs.
(b)Authorization of
appropriationsThere are authorized to be appropriated such sums
as are necessary to carry out this section.
223.Prohibition on
asbestos-containing products
(a)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 importing, 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 beginning 60 days after the date of promulgation, prohibit persons
from importing, manufacturing, processing, or distributing in commerce
asbestos-containing products.
(b)
(1)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)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.
(3)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—
(A)sought by the
Secretary of Defense and the Secretary certifies, and provides a copy of that
certification to Congress, that—
(i)use of the
asbestos containing product is necessary to the critical functions of the
Department;
(ii)no reasonable
alternatives to the asbestos containing product exist for the intended purpose;
and
(iii)use of the
asbestos containing product will not result in an unreasonable risk to health
or the environment; or
(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—
(i)the
asbestos-containing product is necessary to the critical functions of the
National Aeronautics and Space Administration;
(ii)no reasonable
alternatives to the asbestos-containing product exist for the intended purpose;
and
(iii)the use of the
asbestos-containing product will not result in an unreasonable risk to health
or the environment.
(c)
(1)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.
(2)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.
224.
(a)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—
(1)to increase
awareness of the dangers posed by—
(A)asbestos-containing
products and contaminants in homes and workplaces; and
(B)asbestos-related
diseases;
(2)to provide current
and comprehensive information to asbestos-related disease patients, family
members of patients, and front-line health care providers 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 patients, 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 researchers to provide to asbestos-related disease
patients and family members of patients information relating to research,
diagnostic, and clinical treatments relating to asbestos.
(b)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.
(c)Authorization of
appropriationsThere are authorized to be appropriated such sums
as are necessary to carry out this
section.
.
(b)The table of contents in sections 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 Institute for Occupational Safety and Health
study.
Sec. 223. Prohibition on asbestos-containing
products.
Sec. 224. Public education
program.
.
4.Asbestos-related
diseases
(a)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:
417E.Research on
asbestos-related diseases
(a)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)The
Secretary shall carry out this section in collaboration with—
(1)the Administrator
of the Agency for Toxic Substances and Disease Registry;
(2)the Director of
the National Institute for Occupational Safety and Health; and
(3)the head of any
other agency, as the Secretary determines to be appropriate.
(c)Asbestos-related
disease registry
(1)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—
(A)State cancer
registries and other cancer registries;
(B)the National
Mesothelioma Virtual Registry and Tissue Bank; and
(C)each entity
participating in the asbestos-related disease research and treatment network
established under section 417F(a).
(2)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.
(d)Authorization of
appropriationsIn 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.
417F.Asbestos-related
disease research and treatment network
(a)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.
(b)The
Network shall include—
(1)intramural
research initiatives of the National Institutes of Health; and
(2)at least 10
extramural asbestos-related disease research and treatment centers, as selected
by the Director of NIH in accordance with subsection (c).
(c)Extramural
asbestos-related disease research and treatment centers
(1)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—
(A)have exemplary
experience and qualifications in research and treatment of asbestos-related
diseases;
(B)have access to an
appropriate population of patients with asbestos-related diseases; and
(C)are geographically
distributed throughout the United States, with special consideration given to
areas of high incidence of asbestos-related diseases.
(2)Each
center selected under paragraph (1) shall—
(A)be chosen by the
Director of NIH after competitive peer review;
(B)conduct laboratory
and clinical research, including clinical trials, relating to—
(i)mechanisms for
effective therapeutic treatment of asbestos-related diseases;
(ii)early detection
and prevention of asbestos-related diseases;
(iii)palliation of
asbestos-related disease symptoms; and
(iv)pain management
with respect to asbestos-related diseases;
(C)offer to
asbestos-related disease patients travel and lodging assistance as
necessary—
(i)to
accommodate the maximum number of patients practicable; and
(ii)to serve a number
of patients at the center sufficient to conduct a meaningful clinical
trial;
(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;
and
(E)coordinate the
research and treatment efforts of the center (including specimen sharing and
use of common infomatics) with other entities included in—
(i)the Network;
and
(ii)the National
Virtual Mesothelioma Registry and Tissue Bank.
(3)A center selected by the Director of NIH under this
subsection shall be included in the Network for—
(A)the 1-year period
beginning on the date of selection of the center; or
(B)such longer period
as the Director of NIH determines to be appropriate.
(d)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.
(e)Authorization of
appropriationsThere is authorized to be appropriated to carry
out this section $10,000,000 for each of fiscal years 2008 through 2012.
417G.Department of
Defense research
(a)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.
(b)The
Secretary shall carry out this section in collaboration with—
(1)the Director of
NIH;
(2)the Director of
the National Institute of Occupational Safety and Health; and
(3)the head of any
other agency, as the Secretary determines to be appropriate.
(c)Authorization of
appropriationsThere are authorized to be appropriated to carry
out this section such sums as are necessary for fiscal year 2008 and each
fiscal year
thereafter.
.