110 HR 3339 IH: Bruce Vento Ban Asbestos and Prevent
U.S. House of Representatives
2007-08-02
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
Bruce Vento Ban Asbestos and Prevent
Mesothelioma Act of 2007
.
2.Congress finds that—
(1)Bruce Vento was a teacher, a state
legislator and a Member of Congress representing Minnesota’s Fourth District
from 1977 to 2000 who dedicated his career to promoting worker’s rights and a
clean, healthy environment;
(2)Congressman Vento died on October 10, 2000,
from pleural mesothelioma, likely contracted from minimal contact with asbestos
while working in factories as a young man;
(3)(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;
(4)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;
(5)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;
(6)the Department of
Commerce estimates that the United States imports more than $100,000,000 of
brake parts per year;
(7)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;
(8)there is no known
safe level of exposure to asbestos;
(9)even low levels of
exposure to asbestos may cause asbestos-related diseases, including
mesothelioma;
(10)millions of
workers in the United States have been, and continue to be, exposed to
dangerous levels of asbestos;
(11)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;
(12)the University of Minnesota, along with
health care providers, Minnesota State legislators, and community partners, has
initiated the Minnesota Taconite Workers Lung Health Partnership, to provide a
greater understanding of taconite workers health issues, study the causes of
the increase in deaths to mesothelioma among taconite mine workers, and provide
recommendations to limit risk to workers and their families;
(13)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;
(14)approximately
1/3 of mesothelioma victims were exposed to asbestos while
serving the United States on Navy ships or shipyards;
(15)the National
Institutes of Health reported to Congress in 2006 that mesothelioma is a
difficult disease to detect, diagnose, and treat;
(16)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;
(17)(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;
(18)in hearings
before Congress in the early 1970s, the example of asbestos was used to justify
the need for comprehensive legislation on toxic substances;
(19)in 1976, Congress
passed the Toxic Substances Control Act (15 U.S.C. 2601 et seq.);
(20)in 1989, the
Administrator of the Environmental Protection Agency 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;
(21)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;
(22)as a result,
while new applications for asbestos were banned, asbestos is still being
imported and used, and is otherwise present as a contaminant, in some consumer
and industrial products in the United States;
(23)the National
Cancer Institute recognizes a clear need for new agents to improve the outlook
for patients with mesothelioma and other asbestos-related diseases;
(24)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;
(25)the Department of
Defense should 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;
(26)with some
exceptions relating to certain uses, 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;
(27)asbestos was
banned throughout the European Union in 2005; and
(28)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, added, or
allowed to be knowingly present as a contaminant in 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
;
(2)in section 202(3)
(15 U.S.C. 2642(3))—
(A)in each of
subparagraphs (A) through (D), by striking the commas at the end of the
subparagraphs and inserting semicolons;
(B)in subparagraph
(E), by striking , or
and inserting a semicolon;
(C)in subparagraph
(F), by striking the period at the end and inserting a semicolon; and
(D)by adding at the
end the following:
(G)any material
formerly classified as tremolite, including—
(i)winchite asbestos;
and
(ii)richterite
asbestos; and
(H)any asbestiform
amphibole
mineral.
;
and(3)by adding at the
end the following:
BAsbestos-containing
products
221.In this subtitle:
(1)Appropriate
Federal entityThe term appropriate Federal entity
means any appropriate Federal entity, as determined by the Director,
including—
(A)the Agency for
Toxic Substances and Disease Registry;
(B)the Department of
Health and Human Services;
(C)the Environmental
Protection Agency;
(D)the Mine Safety
and Health Administration;
(E)the National
Institute of Standards and Technology;
(F)the United States
Geological Survey;
(G)the National
Institute of Environmental Health Sciences;
(H)the National
Institute for Occupational Safety and Health; and
(I)the Occupational
Health and Safety Administration.
(2)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 used or knowingly present in any
concentration.
(3)Elongated mineral
particleThe term elongated mineral particle means a
single crystal or similarly elongated polycrystalline aggregate particle with a
length to width ratio of 3 to 1 or greater.
(4)Biopersistent
elongated mineral particleThe term biopersistent elongated
mineral particle means an elongated mineral particle that—
(A)occurs naturally
in the environment; and
(B)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.
(5)The
term Director means the Director of the National Institute for
Occupational Safety and Health.
(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 studies
(a)
(1)Current state of
science study
(A)The Director, in consultation with the United States
Geological Survey, the Environmental Protection Agency, the National Academy of
Sciences, and appropriate Federal entities, shall conduct a study and, not
later than 1 year 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, the Committees on Energy and
Commerce and Education and Labor of the House of Representatives, and other
Federal agencies a report containing—
(i)a
description of the current state of the science relating to—
(I)the disease
mechanisms and health effects of exposure to non-asbestiform minerals and
elongated mineral particles; and
(II)methods for
measuring and analyzing non-asbestiform minerals and elongated mineral
particles; and
(ii)recommendations
for—
(I)future research
relating to diseases caused by exposure to—
- (aa)non-asbestiform
minerals; and
- (bb)elongated mineral
particles;
(II)exposure
assessment practice needs;
(III)any new
classification of naturally occurring elongated mineral particles; and
(IV)1 or more
definitions and dimensions to be used for the quantification and risk
assessment of—
- (aa)non-asbestiform
minerals; and
- (bb)elongated mineral
particles.
(B)The
report described in subparagraph (A) shall include—
(i)peer-reviewed
published literature;
(ii)regulatory
decisions; and
(iii)information
obtained from the National Institute for Occupational Safety Asbestos Research
Roadmap.
(2)Mode of action
and health effects study
(A)The Director, in consultation with the Environmental
Protection Agency, the National Academy of Sciences, and appropriate Federal
entities, shall conduct a study—
(i)to
evaluate the known or potential mode of action and health effects of—
(I)non-asbestiform
minerals; and
(II)elongated mineral
particles; and
(ii)to
develop recommendations for a means by which to identify, distinguish, and
measure any non-asbestiform mineral or elongated mineral particle that—
(I)may cause any
disease or health effect; or
(II)does not cause any
disease or health effect.
(B)Not
later than 18 months after the date of enactment of this subtitle, the Director
shall submit to the Committees on Environment and Public Works and Health,
Education, Labor, and Pensions of the Senate, and the Committees on Energy and
Commerce and Education and Labor of the House of Representatives, a report
containing—
(i)a
description of the manner by which non-asbestiform minerals and elongated
mineral particles possess the ability to remain biopersistent in the human
body, with regard to the ability of non-asbestiform minerals and elongated
mineral particles—
(I)to exhibit
resistence to dissolution and leaching; and
(II)to induce other
physical, chemical, and biological processes as a result of contact
with—
- (aa)lung cells;
and
- (bb)other cells and
fluids in the human body connected to a disease;
(ii)a
description of the means by which to identify, distinguish, and measure any
non-asbestiform mineral or elongated mineral particle that—
(I)may cause any
disease or health effect, as determined by the Director, including—
- (aa)mesothelioma;
- (bb)any
other form of cancer; and
- (cc)any
other non-cancer form of disease; and
(II)does not cause any
disease or health effect; and
(iii)recommendations
for such controls as the Director determines to be appropriate to protect human
health.
(3)Authorization of
appropriationsThere are authorized to be appropriated such sums
as are necessary to carry out this subsection.
(b)
(1)On the date on which the Director submits the report
described in subsection (a)(2)(B), the Director shall initiate a study—
(A)to develop
improved sampling and analytical methods for non-asbestiform minerals and
elongated mineral particles; and
(B)to clarify the
mechanism of action.
(2)Authorization of
appropriationsThere are authorized to be appropriated such sums
as are necessary to carry out this subsection.
223.
(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
materials and 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 materials and 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.
CProhibition on
asbestos-containing materials
231.Definition of
distribute in commerceIn this
subtitle:
(1)The term distribute in commerce has the
meaning given the term in section 3.
(2)The
term distribute in commerce does not include—
(A)the possession of
an asbestos-containing material by a person that is an end user; or
(B)the possession of
an asbestos-containing material by a person solely for the purpose of disposal
of the asbestos-containing material in compliance with applicable Federal,
State, and local requirements.
232.Prohibition on
asbestos-containing materials
(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 materials; 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 materials.
(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 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 health or the environment; and
(ii)may be substituted
for an asbestos-containing material.
(2)An exemption granted under this subsection shall be in
effect for such period (not to exceed a total of 3 years) and subject to such
terms and conditions as the Administrator may prescribe.
(3)
(A)The Administrator shall provide an exemption from the
requirements of subsection (a), without review or limit on duration, if the
exemption for asbestos-containing material is—
(i)sought by the
Secretary of Defense and the Secretary certifies, and provides a copy of that
certification to the Administrator and Congress, that—
(I)use of the
asbestos containing material is necessary to the critical functions of the
Department;
(II)no reasonable
alternatives to the asbestos containing material exist for the intended
purpose; and
(III)use of the
asbestos containing material will not result in an unreasonable risk to health
or the environment; or
(ii)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 material is necessary to the critical functions of the
National Aeronautics and Space Administration;
(II)no reasonable
alternatives to the asbestos-containing material exist for the intended
purpose; and
(III)the use of the
asbestos-containing material will not result in an unreasonable risk to health
or the environment.
(B)Administrative
Procedure ActAny exemption provided by the Administrator under
subparagraph (A), and any certification made by the Secretary of Defense under
subparagraph (A)(i) shall not be subject to the provisions of subchapter II of
chapter 5, and chapter 7, of title 5, United States Code (commonly known as the
Administrative Procedure Act
).
(4)Diaphragms for
existing electrolysis installations
(A)The requirements of subsection (a) shall not apply to any
diaphragm electrolysis installation in existence as of the date of enactment of
this subtitle.
(B)
(i)Not later than 3 years after the date of enactment of
this subtitle, and every 6 years thereafter, the Administrator shall review the
exemption provided under subparagraph (A) to determine the appropriateness of
the exemption.
(ii)In
conducting the review of the exemption provided under subparagraph (A), the
Administrator shall examine the risk of injury to an individual relating to the
operation by the individual of each diaphragm electrolysis installation
described in subparagraph (A).
(iii)In conducting the review of the exemption provided
under subparagraph (A), the Administrator shall provide public notice and a
30-day period of public comment.
(C)Decision
relating to extension of exemptionUpon completion of a review of
a diaphragm electrolysis installation under subparagraph (B)(i), if the
Administrator determines that the diaphragm electrolysis installation poses an
unreasonable risk of injury to health or the environment, the Administrator may
terminate the exemption provided to the diaphragm electrolysis installation
under subparagraph (A).
(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
asbestos-containing material that is subject to the prohibition established
under this section shall dispose of the asbestos-containing material, by a
means that is in compliance with applicable Federal, State, and local
requirements.
(2)Nothing
in paragraph (1)—
(A)applies to
asbestos-containing material that—
(i)is
no longer in the stream of commerce; or
(ii)is in the
possession of an end user; or
(B)requires that
asbestos-containing material described in subparagraph (A) be removed or
replaced.
.
(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
report and study.
Sec. 223. Public education program.
Subtitle C—Prohibition on asbestos-containing
materials
Sec. 231. Prohibition on asbestos-containing
materials.
.
4.Asbestos-related
diseasesSubpart 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.
.