[Congressional Record Volume 149, Number 77 (Thursday, May 22, 2003)]
[Senate]
[Pages S6995-S6999]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. MURRAY (for herself, Mr. Dayton, Ms. Cantwell, Mr. 
        Baucus, Mr. Leahy, Mrs. Boxer, and Mr. Jeffords):
  S. 1115. A bill to amend the Toxic Substances Control Act to reduce 
the health risks posed by asbestos-containing products; to the 
Committee on Environment and Public Works.
  Mrs. MURRAY. Mr. President, today I rise to introduce legislation to 
do what should have been done decades ago: fully ban asbestos in the 
United States. I am introducing the Ban Asbestos in America Act of 2003 
to prohibit this known carcinogen from being used to manufacture 
products in this country. The bill also bans imports of asbestos 
products from other countries where asbestos is still legal. I am 
pleased that Senators Baucus, Boxer, Cantwell, Dayton, Jeffords and 
Leahy are original cosponsors of this important legislation.
  The primary purpose of the Ban Asbestos in America Act of 2003 is to 
require the Environmental Protection Agency, EPA, to ban the substance 
within two years. Most people think that asbestos has already been 
banned. In fact, in 1989 EPA finalized regulations to phase out and ban 
the substance by 1997. But in 1991, the 5th Circuit Court of Appeals 
overturned EPA's ban, arguing that EPA did not ``first evaluate and 
then reject the less burdensome alternatives'' under the Toxic 
Substances Control Act. Unfortunately, the first Bush Administration 
did not appeal the decision to the Supreme Court. While new uses of 
asbestos were banned, existing ones were not.
  As a result, it is still legal in 2003 to construct buildings in the 
United States with asbestos cement shingles and to treat them with 
asbestos roof coatings. It is still legal to construct new water 
systems using asbestos cement pipes imported from other countries. It 
is still legal for cars and trucks to be made and serviced with 
asbestos brake pads and clutch facings.
  Asbestos is still not banned, and as a result, we're still using it. 
According to the U.S. Geological Survey, in 2001, businesses in this 
country consumed 26 million pounds of chrysotile asbestos to make 
roofing products, gaskets, friction materials and other products. Last 
month, my staff walked into a local home improvement store and bought 
off the shelf roofing sealants made with asbestos. In addition, we are 
still importing asbestos products from other countries, many of which 
have less stringent environmental and public health standards.
  Everyone knows that asbestos is harmful. The term asbestos, like 
arsenic, lead, mercury or DDT, is synonymous with poison. Asbestos may 
well be the most regulated toxic substance that federal and state 
agencies have ever dealt with. At least eleven different Federal 
statutes address asbestos. The EPA, Occupational Safety and Health 
Administration, OSHA, Mine Safety and Health Administration and 
Consumer Product Safety Commission are only some of the Federal 
agencies tasked with implementing rules to protect workers and 
consumers from the dangers of this substance.
  But the sheer volume of rules and regulations in place does not 
guarantee that public health and the environment are being adequately 
protected. We have significant evidence suggesting that because 
asbestos is still not banned, we're still not safe from its dangers. 
I'd like to highlight some of this evidence for my colleagues.
  First, workers in this country are still being exposed to dangerous 
levels of asbestos. According to OSHA, ``An estimated 1.3 million 
employees in construction and general industry face significant 
asbestos exposure on the job. Heaviest exposures occur in the 
construction industry, particularly during the removal of asbestos 
during renovation or demolition. Employees are also likely to be 
exposed during the manufacture of asbestos products, such as textiles, 
friction products, insulation, and other building materials, and during 
automotive brake and clutch repair work.''
  It is important to remember that there is no known safe threshold 
level of asbestos exposure. OSHA's permissible exposure limit of 0.1 
fibers per cubic centimeter is based on technical measurement 
limitations. OSHA's limit assumes that workers exposed to this 
concentration have a lifetime exposure risk of 3 to 5 in 1,000 for 
cancer and 2 in 1,000 for asbestosis. This is a very high risk compared 
to the cancer risk levels that are considered acceptable for some 
environmental cleanups.
  The extent to which workers are exposed to dangerous levels of 
asbestos is especially troublesome when one considers the frequency 
with which OSHA's standards are violated. On July 31, 2001, I chaired a 
Senate Health, Education, Labor and Pensions hearing on asbestos and 
workplace safety. At the hearing I learned from OSHA that since 1995, 
the agency had cited employers for violations of its asbestos standards 
15,691 times. This is astounding given the known dangers of asbestos 
and the high risks of disease even when OSHA's exposure limit is being 
met.
  As follow-up to the hearing, I asked OSHA to provide more information 
about asbestos-related violations. In an October 17, 2001 letter to me, 
Mr. John Henshaw, Assistant Secretary for Occupational Safety and 
Health, wrote that between fiscal year 1996 and fiscal year 2001, OSHA 
conducted a total of 190,971 inspections generating a total of 427,786 
violations. Of these, 3,000 inspections and 15,691 violations involved 
asbestos. According to Mr. Henshaw, about 2 percent of inspections and 
4 percent of violations were asbestos-related. In his letter to me, Mr. 
Henshaw wrote, ``OSHA does not consider any level to be an acceptable 
noncompliance level. We strive for 100 percent compliance.'' Despite 
OSHA's best intentions, workers are still being exposed to dangerous 
levels of asbestos.
  It is also important to consider that the vast majority of workplaces 
where asbestos exposure occurs, such as construction jobs and auto 
repair shops, are not regularly inspected by OSHA. The Administration 
conducts inspections only in response to complaints or as a result of 
referrals from law enforcement or the media. Many more violations of 
the standard occur in the real world than are actually recorded by 
regulators. Many employees likely do not contact OSHA about potential 
asbestos exposure on the job because they think asbestos has been 
banned long ago and is no longer a problem.
  But asbestos in the workplace is clearly still a problem. Recent news 
investigations provide more evidence that workers are being exposed to 
dangerous levels of this mineral. According to an article in the 
Seattle Post-Intelligencer on November 16, 2000, ``During the past 
three months, the P-I collected samples of dust from floors, work areas 
and tool bins in 31 brake-repair garages in Baltimore, Boston, Chicago, 
Denver, Richmond, Seattle, and Washington, D.C. Asbestos, almost 
exclusively chrysotile, which has been used for decades in brakes, was 
detected in 21 of the locations. The amount of asbestos in the dust 
ranged from 2.26 percent to 63.8 percent.''

  When dust with these concentrations of asbestos in them is disturbed, 
airborne concentrations of asbestos occur that are well above OSHA's 
permissible exposure limit of 0.1 fiber per cubic centimeter. Under 
current OSHA regulations, if airborne asbestos concentrations exceed 
this level, employers must conduct air monitoring, take measures to 
reduce asbestos emissions, post warning signs and record concentrations 
of airborne asbestos. Workers are supposed to wear respirators and 
protective clothing and are required to undergo long term medical 
monitoring.
  Now I recognize that much of the exposure to asbestos in the 
workplace comes from asbestos products installed years, and in many 
cases, decades ago. By one estimate, about 30 million tons of asbestos 
was used in this country between 1900 and 1980. Asbestos in place, in 
our buildings, schools and homes, will be with us for decades to come.
  But given the known dangers of this mineral, why are we still using 
it? Why are we still adding it to products on purpose when there are 
perfectly acceptable substitutes? In retrospect, it is tragic that 
asbestos was so widely used during the 20th century, for the

[[Page S6996]]

economic and public health impacts have been disastrous. One very 
important step in overcoming the problems caused by asbestos is to stop 
adding to the problem--however incrementally--by continuing to use this 
dangerous mineral in products on purpose.
  I'd like to point out some additional evidence supporting the need to 
ban asbestos in the United States and to raise awareness about this 
issue. Most of my colleagues are familiar with the tragedy in Libby, 
MT, where hundreds of workers and their families suffer from asbestos-
related diseases caused by exposure to asbestos-tainted vermiculite.
  For decades, the W.R. Grace mine in Libby supplied about 80 percent 
of the vermiculite used in this country. W.R. Grace very successfully 
marketed its product, without any warning labels, even though the 
company was well aware its product was contaminated with this known 
carcinogen. Asbestos-contaminated ore was shipped to more than 300 
sites around the country for processing and use in industrial and 
consumer products. According to the EPA, 14 of these sites are so 
contaminated with asbestos that they still need to be cleaned up, even 
though the Libby mine closed in 1990. While this is a problem that came 
from a small mining town in Montana, the ramifications and consequences 
are clearly national in scope.
  In addition, vermiculite from Libby is still around and is still a 
threat to public health. It is estimated that tens of millions of 
homes, schools and businesses contain insulation made with Libby 
vermiculite, known as Zonolite. A recent study conducted for EPA, 
entitled Asbestos Exposure Assessment for Vermiculite Attic Insulation, 
found that Zonolite in homes today contains up to 2 percent asbestos. 
This study included tests on Zonolite insulation from Seattle Public 
Utilities and from a home in Washington State. It found that when this 
insulation was disturbed, airborne concentrations of 3.3 asbestos 
fibers per cubic centimeters were measured. In other words, handling 
Zonolite asbestos can cause levels of asbestos in the air that 
significantly exceed OSHA's exposure limit for workers. Even more 
troubling, perhaps, the study found ``vermiculite that tests non-detect 
for asbestos by bulk analysis can still generate airborne asbestos 
concentrations when disturbed.'' When vermiculite without significant 
amounts of asbestos in bulk was disturbed, concentrations of asbestos 
in the air up to 0.5 fibers per cubic centimeters were detected. This 
means that even vermiculite with only trace amounts of asbestos in bulk 
can generate unhealthy concentrations of asbestos in the air.
  Yesterday EPA launched a national consumer education campaign warning 
people not to disturb Zonolite attic insulation if they have it in 
their homes. The agency also warned people not to let their children 
play in attics with vermiculite for fear of asbestos exposure. EPA has 
developed a consumer education brochure and has created an asbestos 
hotline for people to call for more information. The Agency for Toxic 
Substances and Disease Registry and National Institute for Occupational 
Safety and Health have joined EPA in this education effort by creating 
materials to educate consumers and workers about the dangers of 
asbestos-contaminated vermiculite.
  While we need to ensure that we are no longer adding asbestos to our 
products on purpose, we also need to ensure that asbestos in harmful 
concentrations isn't ending up in our consumer products by accident. I 
am glad EPA, ATSDR and NIOSH are now proactively reaching out to 
consumers and workers to warn them to stay away from vermiculite attic 
insulation. This is an important first step in dealing with just one 
aspect of the legacy created by W.R. Grace in Libby.
  There is another important reason to ban asbestos that I would like 
to share with my colleagues. As I mentioned previously, the United 
States is still importing products that contain asbestos. 
Unfortunately, we do not have precise statistics on which products 
coming into this country contain the deadly mineral. The Department of 
Commerce's import database does not distinguish between asbestos-
containing products and products containing asbestos substitutes. 
According to the U.S. International Trade Commission, in 2002 this 
country imported more than 44,000 tons of asbestos-cement products, 
some of which may have contained cellulose instead of asbestos.
  With increased globalization and international trade, U.S. imports of 
asbestos containing consumer and industrial products will continue to 
rise--unless we prohibit these products from crossing our borders in 
the first place.
  Although we do not have accurate numbers for the extent to which 
asbestos products are flowing across our borders, we do know that 
asbestos is being heavily marketed to developing countries. According 
to an August 2, 1999 USA Today article, ``As asbestos demand has 
plummeted in the industrialized world the past 25 years, it has soared 
in many developing nations and formerly communist countries. Its use in 
these countries is largely unregulated, haphazard and deadly.''
  A more recent editorial in the Canadian Medical Association Journal 
compares the asbestos industry to the tobacco industry. The February 
20, 2001 article by Doctors Joseph LaDou, Philip Landrigan, John C. 
Bailar III, Vito Foa and Arthur Frank reads:
  ``The commercial tactics of the asbestos industry are very similar to 
those of the tobacco industry. In the absence of international 
sanctions, losses resulting from reduced cigarette consumption in the 
developed countries are offset by heavy selling to developing nations. 
In a similar fashion, the developed world has responded to the asbestos 
health catastrophe with a progressive ban on the use of asbestos. In 
response, the asbestos industry is progressively transferring its 
commercial activities and the health hazards to the developing 
countries.''
  Banning asbestos in the United States sends an important message to 
the rest of the world. The asbestos industry will no longer be able to 
justify its marketing to developing countries by pointing out that 
asbestos is still legal in the U.S., and therefore, it must be safe. 
More than 30 countries have already banned asbestos, and it is time for 
this country to follow suit. It is our moral responsibility as the 
world's strongest economy, the most powerful Nation and a leader in 
environmental protection and public health to ban this harmful 
substance.
  That is why today I am introducing the Ban Asbestos in America Act. 
The legislation has five main parts. First, this bill protects public 
health by doing what the EPA tried to do 14 years ago: ban asbestos in 
the United States. The legislation requires EPA to ban it within two 
years of passage of the Act. As under the regulations EPA finalized in 
1989, companies may file for an exemption to the ban if there is no 
substitute material available.
  Second, the bill requires EPA to convene a Blue Ribbon Panel on 
asbestos policy and to have the National Academy of Sciences conduct an 
asbestos study. In response to the 2001 EPA Inspector General's report 
on Libby, Montana, the EPA promised to convene a Blue Ribbon Panel on 
asbestos and non-regulated fibers. But instead of convening a high 
level panel, EPA hired a non-profit organization, the Global 
Environment and Technology Foundation, to develop an asbestos policies 
focus group. Just yesterday EPA released GETF's Asbestos Strategies 
Report. I am very pleased that the Report recommends several aspects of 
the Ban Asbestos in America Act, including that Congress pass 
legislation to ban asbestos.
  While the recommendations are certainly helpful in providing guidance 
to EPA, Congress and other federal agencies on the next steps to 
address asbestos, the GETF report does not replace a full fledged Blue 
Ribbon Panel. The Ban Asbestos in America Act codifies creation of a 
Blue Ribbon Panel as EPA first committed to in 2001. The panel will 
include participation from the Department of Labor and the Consumer 
Product Safety Commission. It will review the current laws and rules in 
place to protect workers and consumers, and make recommendations for 
improving protections within 2 years of passage of the Act.
  In addition, the bill calls for EPA to have the NAS conduct a study 
on the current state of the science relating to the human health 
effects of exposure to asbestos and other durable fibers. The NAS study 
shall also include recommendations for a uniform system of asbestos 
exposure standards and for a uniform system to create protocols to

[[Page S6997]]

detect and measure asbestos. As I mentioned previously, asbestos is 
regulated under multiple statutes. There are different standards within 
EPA and across Federal agencies, and agencies rely on different 
protocols to identify the substance. The NAS shall be required to 
submit the study to EPA, other federal agencies and Congress within 18 
months of passage of the Act.
  Third, the legislation requires a survey to determine which products 
contain asbestos, either on purpose or as a contaminant. EPA will be 
required to conduct this review with input from the Department of 
Labor, the Consumer Product Safety Commission and the International 
Trade Commission.
  The bill directs the EPA to conduct a survey on the status of 
asbestos-containing products, such as roofing materials, brake pads and 
gaskets, which contain asbestos on purpose. EPA must also study 
contaminant-asbestos products, such as some insulation and 
horticultural products, which contain asbestos as a contaminant of 
another substance. The study will examine how people use these products 
and the extent to which people are exposed to harmful levels of 
asbestos. The study must be finalized within 18 months to inform the 
Blue Ribbon Panel and the education campaign.
  Fourth, based on the results of the study, EPA shall conduct a public 
education campaign to increase awareness of the dangers posed by 
asbestos-containing products and contaminant-asbestos products, 
including those in homes and workplaces. The agency shall give priority 
to those products posing the greatest risk, as determined by the study 
required by the bill. The education campaign must be conducted within 2 
years of passage of the bill.
  EPA and the Consumer Product Safety Commission shall still be 
required to conduct a national education campaign about vermiculite 
insulation within 6 months of passage of the Act. As many as 35 million 
homes and businesses may contain asbestos-contaminated insulation made 
with vermiculite from Libby. This requirement is still in the bill 
despite EPA's recent announcement of an education campaign about 
vermiculite attic insulation. This will ensure EPA's long-term 
commitment to educating the public.
  Finally, the Ban Asbestos in America Act increases the federal 
commitment to finding new treatments for the terrible diseases caused 
by asbestos. At least 2,000 people per year die from mesothelioma, a 
deadly cancer of the lining of the lungs and internal organs caused by 
exposure to asbestos. The legislation would direct the head of NIH to 
``expand, intensify and coordinate programs for the conduct and support 
of research on diseases caused by exposure to asbestos.'' The Centers 
for Disease Control would be required to create a National Mesothelioma 
Registry to improve tracking of the disease, which in many cases goes 
undiagnosed and thus unrecorded. In addition, the bill creates 10 
mesothelioma treatment centers around the country to improve treatments 
for and awareness of this fatal cancer.
  Our hope is that by continuing to work together, we will build 
support for the Ban Asbestos in America Act. If we can get this 
legislation passed, fewer people will be exposed to asbestos, fewer 
people will contract asbestos diseases in the first place, and those 
who already have asbestos diseases will receive treatments to prolong 
and improve quality of life. I urge my colleagues to support this 
important legislation.
  In the meantime, we should do all we can to ensure that the rules in 
place to protect workers, consumers and schoolchildren from asbestos 
are followed and are strengthened if necessary. We also need to make 
sure that Federal agencies are given adequate resources to fully 
implement Congress' many mandates.
  I ask unanimous consent that the text of the Ban Asbestos in America 
Act of 2003 be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1115

       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:

[[Page S6998]]

               ``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

[[Page S6999]]

       ``(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.''.
                                 ______