[Congressional Record Volume 153, Number 150 (Thursday, October 4, 2007)]
[Senate]
[Pages S12728-S12737]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
BAN ASBESTOS IN AMERICA ACT OF 2007
Mrs. MURRAY. Mr. President, I ask unanimous consent that the Senate
now proceed to the consideration of Calendar No. 321, S. 742, the Ban
Asbestos in America Act of 2007; that the amendment at the desk be
considered and agreed to, the committee-reported substitute amendment
be agreed to, the bill, as amended, be read three times, passed, and
the motion to reconsider be laid upon the table; that the title
amendment be agreed to and any statements be printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The Senate proceeded to consider the bill to amend the Toxic
Substances Control Act to reduce the health risks posed by asbestos-
containing products, and for other purposes, which had been reported
from the Committee on Environment and Public Works, with an amendment
to strike all after the enacting clause and insert in lieu thereof the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ban Asbestos in America Act
of 2007''.
SEC. 2. FINDINGS.
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;
[[Page S12729]]
(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 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;
(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, and is
otherwise present as a contaminant, 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) 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;
(23) 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;
(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, added, or allowed to be knowingly present as a
contaminant in new construction and manufacturing materials
used in this country.
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'';
(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:
``Subtitle B--Asbestos-Containing Products
``SEC. 221. DEFINITIONS.
``In this subtitle:
``(1) Appropriate federal entity.--The 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 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 used or knowingly present in any
concentration.
``(3) Elongated mineral particle.--The 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 particle.--The 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) Director.--The term `Director' means the Director of
the National Institute for Occupational Safety and Health.
``(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 INSTITUTE FOR OCCUPATIONAL SAFETY AND
HEALTH STUDIES.
``(a) Studies.--
``(1) Current state of science study.--
``(A) In general.--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) Components.--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) In general.--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) Report.--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
[[Page S12730]]
``(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 appropriations.--There are
authorized to be appropriated such sums as are necessary to
carry out this subsection.
``(b) Methodology Study.--
``(1) In general.--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 appropriations.--There are
authorized to be appropriated such sums as are necessary to
carry out this subsection.
``SEC. 223. PUBLIC EDUCATION PROGRAM.
``(a) In General.--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) products having asbestos-containing materials 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) Greatest Risks.--In establishing the program, the
Administrator shall give priority to products that have
asbestos-containing materials and are used by consumers and
workers that pose the greatest risk of injury to human
health.
``(c) Authorization of Appropriations.--There are
authorized to be appropriated such sums as are necessary to
carry out this section.
``Subtitle C--Prohibition on Asbestos-Containing Materials
``SEC. 231. DEFINITION OF DISTRIBUTE IN COMMERCE.
``In this subtitle:
``(1) In general.--The term `distribute in commerce' has
the meaning given the term in section 3.
``(2) Exclusions.--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.
``SEC. 232. PROHIBITION ON ASBESTOS-CONTAINING MATERIALS.
``(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 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) 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 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) Terms and conditions.--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) Governmental use.--
``(A) In general.--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 act.--Any 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) In general.--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) Review.--
``(i) In general.--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) Scope.--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) Public participation.--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 exemption.--Upon
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) Disposal.--
``(1) In general.--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) Exemption.--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.
``(d) Compliance Testing.--
``(1) In general.--Subject to paragraph (2), and in
accordance with paragraph (3), not later than 1 year after
the date on which the Administrator promulgates the
regulations under subsection (a), and annually thereafter, to
ensure compliance with those regulations, the Administrator
shall carry out tests on an appropriate quantity of products,
as determined by the Administrator, to determine if the
products have asbestos-containing material.
``(2) Exempted products.--In carrying out the compliance
testing under paragraph (1), the Administrator shall not
carry out any test on any product that contains any material
that is the subject of an exemption described in subsection
(b).
``(3) Appropriate test methodologies.--In carrying out the
compliance testing under paragraph (1), the Administrator
shall use the appropriate test methodology for each product
that is the subject of the compliance testing.
``(4) Annual report.--
``(A) In general.--Upon completion of each annual testing
period described in paragraph (1), the Administrator shall
prepare a report for the annual testing period covered by the
report, describing those products that have asbestos-
containing material.
``(B) Public availability.--Not later than 90 days after
the date of completion of each annual testing period
described in paragraph (1), the Administrator shall make the
report for the annual testing period covered by the report
available to the public.''.
(b) Conforming Amendment.--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.
[[Page S12731]]
``Subtitle C--Prohibition on Asbestos-Containing Materials
``Sec. 231. Prohibition on asbestos-containing materials.''.
SEC. 4. ASBESTOS-RELATED 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. 417E. RESEARCH ON ASBESTOS-RELATED 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 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) In general.--Not later than 1 year after the date of
enactment of this section, the Director of the Centers for
Disease Control and Prevention, in cooperation with the
Director of the National Institute for Occupational Safety
and Health and the Administrator of the Agency for Toxic
Substances and Disease Registry, shall establish a 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) Treatment.--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 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 2008 and each fiscal year
thereafter.
``SEC. 417F. ASBESTOS-RELATED DISEASE RESEARCH AND TREATMENT
NETWORK.
``(a) Establishment.--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) Inclusions.--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) In general.--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) Requirements.--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) Period of inclusion.--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) Grants.--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 Appropriations.--There is authorized
to be appropriated to carry out this section $10,000,000 for
each of fiscal years 2008 through 2012.
``SEC. 417G. DEPARTMENT OF DEFENSE RESEARCH.
``(a) In General.--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) Administration.--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 Appropriations.--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.''.
The amendment (No. 3257) was agreed to, as follows:
On page 24, strike lines 10 through 22.
On page 24, line 23, strike ``(10)'' and insert ``(6)''.
On page 25, strike lines 1 through 3.
On page 25, line 4, strike ``(12)'' and insert ``(7)''.
On page 25, line 7, strike ``(13)'' and insert ``(8)''.
On page 25, line 11, strike ``(14)(A)'' and insert
``(9)(A)''.
On page 25, line 20, strike ``(15)'' and insert ``(10)''.
On page 25, line 23, strike ``(16)'' and insert ``(11)''.
On page 26, line 1, strike ``(17)'' and insert ``(12)''.
On page 26, line 6, strike ``(18)'' and insert ``(13)''.
On page 26, line 10, strike ``(19)'' and insert ``(14)''.
On page 26, line 15, strike ``(20)'' and insert ``(15)''.
On page 26, line 19, strike ``(21)'' and insert ``(16)''.
On page 27, line 1, strike ``(22)'' and insert ``(17)''.
On page 27, line 6, strike ``(23)'' and insert ``(18)''.
On page 27, line 15, strike ``(24)'' and insert ``(19)''.
On page 27, line 17, strike ``(25)'' and insert ``(20)''.
The committee amendment in the nature of a substitute, as amended,
was agreed to.
The amendment (No. 3258) was agreed to, as follows:
Amend the title so as to read: ``To amend the Toxic
Substances Control Act to reduce the health risks posed by
asbetos-containing materials and products having asbestos-
containing material, and for other purposes.''.
The bill was ordered to be engrossed for a third reading, was read
the third time and passed, as follows:
S. 742
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 2007''.
SEC. 2. FINDINGS.
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) 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;
[[Page S12732]]
(7) the National Institutes of Health reported to Congress
in 2006 that mesothelioma is a difficult disease to detect,
diagnose, and treat;
(8) 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;
(9)(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;
(10) in hearings before Congress in the early 1970s, the
example of asbestos was used to justify the need for
comprehensive legislation on toxic substances;
(11) in 1976, Congress passed the Toxic Substances Control
Act (15 U.S.C. 2601 et seq.);
(12) 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;
(13) 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;
(14) 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;
(15) the National Cancer Institute recognizes a clear need
for new agents to improve the outlook for patients with
mesothelioma and other asbestos-related diseases;
(16) 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;
(17) 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;
(18) 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;
(19) asbestos was banned throughout the European Union in
2005; and
(20) 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.
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'';
(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:
``Subtitle B--Asbestos-Containing Products
``SEC. 221. DEFINITIONS.
``In this subtitle:
``(1) Appropriate federal entity.--The 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 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 used or knowingly present in any
concentration.
``(3) Elongated mineral particle.--The 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 particle.--The 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) Director.--The term `Director' means the Director of
the National Institute for Occupational Safety and Health.
``(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 INSTITUTE FOR OCCUPATIONAL SAFETY AND
HEALTH STUDIES.
``(a) Studies.--
``(1) Current state of science study.--
``(A) In general.--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) Components.--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) In general.--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) Report.--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
[[Page S12733]]
``(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 appropriations.--There are
authorized to be appropriated such sums as are necessary to
carry out this subsection.
``(b) Methodology Study.--
``(1) In general.--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 appropriations.--There are
authorized to be appropriated such sums as are necessary to
carry out this subsection.
``SEC. 223. PUBLIC EDUCATION PROGRAM.
``(a) In General.--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) products having asbestos-containing materials 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) Greatest Risks.--In establishing the program, the
Administrator shall give priority to products that have
asbestos-containing materials and are used by consumers and
workers that pose the greatest risk of injury to human
health.
``(c) Authorization of Appropriations.--There are
authorized to be appropriated such sums as are necessary to
carry out this section.
``Subtitle C--Prohibition on Asbestos-Containing Materials
``SEC. 231. DEFINITION OF DISTRIBUTE IN COMMERCE.
``In this subtitle:
``(1) In general.--The term `distribute in commerce' has
the meaning given the term in section 3.
``(2) Exclusions.--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.
``SEC. 232. PROHIBITION ON ASBESTOS-CONTAINING MATERIALS.
``(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 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) 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 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) Terms and conditions.--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) Governmental use.--
``(A) In general.--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 act.--Any 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) In general.--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) Review.--
``(i) In general.--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) Scope.--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) Public participation.--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 exemption.--Upon
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) Disposal.--
``(1) In general.--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) Exemption.--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.
``(d) Compliance Testing.--
``(1) In general.--Subject to paragraph (2), and in
accordance with paragraph (3), not later than 1 year after
the date on which the Administrator promulgates the
regulations under subsection (a), and annually thereafter, to
ensure compliance with those regulations, the Administrator
shall carry out tests on an appropriate quantity of products,
as determined by the Administrator, to determine if the
products have asbestos-containing material.
``(2) Exempted products.--In carrying out the compliance
testing under paragraph (1), the Administrator shall not
carry out any test on any product that contains any material
that is the subject of an exemption described in subsection
(b).
``(3) Appropriate test methodologies.--In carrying out the
compliance testing under paragraph (1), the Administrator
shall use the appropriate test methodology for each product
that is the subject of the compliance testing.
``(4) Annual report.--
``(A) In general.--Upon completion of each annual testing
period described in paragraph (1), the Administrator shall
prepare a report for the annual testing period covered by the
report, describing those products that have asbestos-
containing material.
``(B) Public availability.--Not later than 90 days after
the date of completion of each annual testing period
described in paragraph (1), the Administrator shall make the
report
[[Page S12734]]
for the annual testing period covered by the report available
to the public.''.
(b) Conforming Amendment.--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.''.
SEC. 4. ASBESTOS-RELATED 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. 417E. RESEARCH ON ASBESTOS-RELATED 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 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) In general.--Not later than 1 year after the date of
enactment of this section, the Director of the Centers for
Disease Control and Prevention, in cooperation with the
Director of the National Institute for Occupational Safety
and Health and the Administrator of the Agency for Toxic
Substances and Disease Registry, shall establish a 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) Treatment.--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 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 2008 and each fiscal year
thereafter.
``SEC. 417F. ASBESTOS-RELATED DISEASE RESEARCH AND TREATMENT
NETWORK.
``(a) Establishment.--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) Inclusions.--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) In general.--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) Requirements.--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) Period of inclusion.--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) Grants.--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 Appropriations.--There is authorized
to be appropriated to carry out this section $10,000,000 for
each of fiscal years 2008 through 2012.
``SEC. 417G. DEPARTMENT OF DEFENSE RESEARCH.
``(a) In General.--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) Administration.--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 Appropriations.--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.''.
The PRESIDING OFFICER. The Senator from Washington.
Mrs. MURRAY. Mr. President, I thank all of my colleagues in the
Senate for taking a moment this afternoon to pass a very important
piece of legislation. What the Senate did was pass the Ban Asbestos in
America Act of 2007. This is a piece of legislation I have been working
on now for almost 7 years.
When I heard about Americans and people who were dying from asbestos,
I thought to myself, my gosh, I thought asbestos was banned many years
ago. How can this be?
Well, the fact is asbestos has never been banned. In fact, today
2,500 metric tons of asbestos are being imported every year. It is in
products such as hair dryers, ceiling tiles, it is in brake pads, and
over 3,000 other products Americans are using and being exposed to
every day.
I began, with Senator Paul Wellstone, 6 years ago to try and pass
this legislation. Of course, I lost my friend Senator Wellstone in an
airplane crash. I thought to myself: Wow, how am I ever going to get
this out of the Senate without his passion?
Well, I was very fortunate because I found another partner who was
just as passionate, and he is here with us today, Senator Isakson from
Georgia, who took up this banner with me, who has worked this bill
through every way possible, because he too looked in the eyes of those
families who were losing loved ones, members of their families today,
because asbestos was exposing them to deadly diseases, and they were
dying of mesothelioma.
I could not have done it without him. I thank him from the bottom of
my heart for working this bill through every nook and cranny, every
difficult challenge we have had, every difficult sentence.
For anybody out there who thinks legislation passes without anybody
looking at it, we can tell you that every ``T'' has been crossed, every
``I''
[[Page S12735]]
has been dotted, and this legislation, when it passes, is going to make
a real difference in the lives of Americans.
I thank Senator Boxer, the chair of the EPW Committee, who, when she
heard us working on this bill 7 or 8 months ago now, said: Senator
Murray, Senator Isakson, this bill is in my jurisdiction. I am going to
work with you to get it passed. She has worked every single day through
all of the challenges we have had, to this moment now, and what a
moment it is.
When I began this battle, I began it with two men I met who were
dying of mesothelioma as a result of being exposed to asbestos: Fred
Biekkola and Brian Harvey. I told them I would stand with them every
step of the way until this bill was passed, sent to the President, and
signed into law.
I lost both Brian and Fred, because they died of mesothelioma. But I
have met many others along the way too. Today I stand here on the floor
of the Senate and I tell everyone, when you believe in something, and
you work hard, and you find good people to work with you, you can make
a difference.
Because of the Freds and the Brians and the many other people I have
met, and my great colleagues on the floor of the Senate, today we are
making a difference. We are well on our way to banning the use of
asbestos.
It goes now to the House. We are working to make sure the House gets
this passed and to the President's desk. I can tell everyone in
America, when that bill is signed, we will no longer be exposed to the
importation and use of asbestos in this country. You can pick up your
hair dryer, or know that the ceiling tiles you buy, or the brake pads
that are in your car, or the mechanic who is exposed to it accidentally
will no longer be exposed to it, and we will have made a major step
forward in the health of all Americans.
I thank Senator Isakson, Senator Boxer, Senator Inhofe, all of the
people who have worked with us. But as we all know, we are doing this
because we want America to be a safer place. I thank everybody for this
major step forward.
I yield to my colleague who has worked so hard with me on this.
Mr. ISAKSON. Mr. President, today this body will pass comprehensive,
bipartisan legislation to permanently ban the production, manufacture,
and distribution of asbestos, a deadly carcinogen that is still legally
used in the United States.
It was my honor and pleasure to work with Senator Murray on this
legislation. I have nothing but the highest regard for the Senior
Senator from Washington State. The Senator and her staff have worked
tirelessly on this issue for several years, and I am eager to continue
to work with her to assure passage of this important legislation.
We also received invaluable cooperation and assistance from the Chair
and Ranking Member of the Environment and Public Works Committee,
Senators Boxer and Inhofe.
When inhaled, asbestos is known to cause diseases including
mesothelioma, a cancer that occurs when malignant cells develop in the
protective lining around the lungs. Despite this hazard, the substance
is not banned.
The EPA initially proposed a ban of most asbestos-containing
materials in the late 1970s. The rule was not finalized until 1989.
Only 2 years later, however, the Fifth Circuit struck down the rule,
finding that the EPA had ``failed to muster substantial evidence'' in
support of the ban.
Today, the U.S. consumes about 2,000 tons of asbestos yearly, down
from almost 800,000 tons consumed in the mid-1970s. Our bill will
establish a permanent ban of asbestos that will be enforced by the
Environmental Protection Agency.
The bill also mandates the most thorough Government study of asbestos
to date. The study will ensure the best experts from the National
Institute of Occupational Safety & Health, the National Academy of
Sciences and the EPA examine all aspects of asbestos, including its
natural properties, its geographic distribution across the United
States, and its effects on the human body.
The bill also calls for a national mesothelioma registry and a public
information campaign about the hazards of asbestos-containing
materials.
For the few areas where asbestos is still used in the United States,
this bill provides narrow exemptions or reasonable transitions to other
alternatives.
This bill is the culmination of months of bipartisan work to find
common ground on this issue. With a sweeping bill such as this one,
many issues were difficult to resolve.
One difficult issue to resolve involved the treatment of
nonasbestiform minerals. These so-called ``cleavage fragments'' are
minerals that appear naturally and more abundantly than asbestos, are
in land and dirt and are mined all across Georgia and in significant
areas of the Nation. They are similar to asbestos in chemical makeup
but differ significantly in structure and many other respects. The
Federal Government has in the past through two decisions--one by OSHA,
1992 rulemaking, and one by CPSC, 1988 decision--spoken to the lack of
health risk from nonasbestiform minerals, and many published, peer-
reviewed studies confirm those findings.
Our bill makes no presumption as to the health effects of
nonasbestiform minerals but rather enlists the Nation's best scientists
to study nonasbestiform minerals and elongated mineral particles, a
term that includes, but is not limited to, asbestos and other
biopersistent elongated mineral particles. It will be important in
these studies to both differentiate these minerals according to the
asbestos-related health risks, and distinguish between these minerals
as they are identified in the natural, mixed dust environment.
Asbestos, the path of its deadly health effects, the identification
and differentiation of asbestos from other minerals especially in the
natural, mixed dust environment, are all complex areas of science and
it is time for the Federal Government to pool its expertise scattered
among a half-dozen agencies, to better understand the risks and how to
properly identify the fibers of risk.
Senator Murray is to be complimented for her skill in crafting a bill
that provides what we intend to be a level playing field that will
produce a better understanding of the why's and how's of life-
threatening exposure to asbestos, how to accurately identify and
measure it in the natural and mixed dust environments, and how to
separate it from common everyday dirt and rocks critical to farming,
homebuilding, construction and our everyday society.
Our bill provides for research by Government agencies including the
world-renowned National Academy of Sciences, calling on their input
into their input into the Federal studies, to assure peer review and
consideration of the best science and studies available. It is
essential that we bring the best science possible to bear on this most
important issue.
Another difficult issue involved asbestos-based filters used in the
production of chlorine. Our bill includes a reasonable compromise that
protects the safety of the workers at these facilities and empowers the
EPA to review the installations to ensure that the filters pose no
unreasonable risk to workers.
Lastly, I want to commend the hard work of our staff on this issue.
Specifically, Bill Kamela with Senator Murray, Mary Anne Dunlap with
Senator Inhofe, Grant Cope with Senator Boxer, Ed Egee from my staff,
and Colin Campbell with the Office of Legislative Counsel.
Banning asbestos is simply the right thing to do. This bill provides
the framework for how this country must go about achieving this goal. I
plan to work with my colleagues on both sides of the aisle to see it to
the President's desk.
Mr. President, I thank the distinguished Senator from Washington,
Mrs. Murray, for her kind remarks.
But I tell everyone in this Chamber and everyone who reads about this
event, without her championing this issue over the last 7 years, it
would not have happened. She has been a marvelous champion on behalf of
those who have suffered from asbestos-related diseases, in particular
mesothelioma.
I have watched her encounter countless hurdles on what is a very
complex issue and a very complex piece of legislation. She has done a
marvelous job. Her staff member Bill Kamela has been a tremendous help,
as has my staff member Ed Egee. It would not have happened without the
two of them.
As was mentioned by Senator Murray, Senator Boxer has been the real
champion and given us the platform, the framework, and the latitude in
the
[[Page S12736]]
committee to work this through this day.
When I entered the Congress in 1999, I had the privilege of meeting a
gentleman by the name of Bruce Vento, a Congressman from the State of
Minnesota. I only got to know Bruce for a short period of time, because
a couple of years later his life was taken by mesothelioma. That was my
first experience with it. His wife Sue has been an advocate, in
countless appearances before the Congress, working toward a ban on
asbestos. Today in Washington, Renee Hansen from my State of Georgia,
Watkinsville, who suffers from mesothelioma, is here today by chance
advocating on behalf of those who suffer from that dreaded disease, and
seeking the Congress of the United States to take the action this
Senate has just taken.
This country started 37 years ago by banning asbestos. But through
court cases, through regulatory rulings, the ban never took place.
Although the use of it has been restricted, as was stated by Senator
Murray, it is used in countless products. This bill puts an end to
asbestos. In those narrow exceptions of national defense, the space
program, and a chlorine filter in a contained filter system, those are
grandfathered, but with a system where they go out of business as
replacements that can substitute for them come in.
Instead of taking legislative descriptions, we took scientific
evidence and declared scientific studies in the future to make the
determinations to see to it that Americans are no longer exposed to
life-threatening fibers known as asbestos.
It has been a privilege for me to work on many things in my
legislative career, both back in Georgia and in the Congress, but I do
not know that I have ever had a more rewarding experience than looking
in the eyes of those whose families and lives who have been touched by
mesothelioma, and tell them the Congress today is going to do something
about banning asbestos and take the step that is long overdue.
I am very proud to have walked in that march with Senator Murray and
with Senator Boxer. I thank Senator Inhofe and his staff for their
cooperation, who in the end made all of this possible.
The PRESIDING OFFICER. The Senator from Washington.
Mrs. MURRAY. Mr. President, before Senator Boxer speaks, I want to
thank all of my staff who have been involved in this. I will insert
their names in the Record. Bill, Crystal, Alex, in my press shop, Mike,
Pete, previous staff members have put in countless hours on this.
Without them we would never do this. I certainly know that working with
Senator Isakson's staff and the staff from EPW and Senator Boxer's
staff. It takes a lot of people to get something done. A tremendous
amount of people have worked on this. I thank them. Because of their
work, we are going to ban asbestos, we are going to dramatically expand
research and treatment, and we are going to launch a public education
campaign so all Americans understand how they can protect themselves
from the deadly asbestos products that may be in their home.
With that, I thank our chairwoman.
The PRESIDING OFFICER. The Senator from California.
Mrs BOXER. Mr. President, I thank the Senator from Maryland for
allowing us these few minutes to mark a very, I think, emotional moment
for all of us and a very important moment for the health and the safety
of the people of our Nation.
The work of Senator Murray, that of Senator Wellstone in the past,
and that of Senator Isakson, cannot be overstated. Because when the
book is written on how a bill becomes a law, what you learn is that on
something that has just a hint of controversy to it, you have to go
through so many hurdles and so many late-night meetings and so many
hours, and that is why the staffs deserve so much credit. In the
Environment and Public Works Committee, Bettina Poirier, Grant Cope,
and Erik Olson are very important, and from the HELP Committee, Bill.
Let me say, many countries have banned asbestos. As Senator Murray
said, if you would ask a person in the street: Is asbestos banned? They
would say, yes. But there was a court case many years ago which
overturned that ban. So we have seen a tremendous amount of asbestos in
the workplace, in consumer products, and the like. We still have more
work to do. We have to get this through the House. We think there are
friends in the House, remembering the wonderful Congressman Vento whom
Senator Isakson mentioned, in his memory.
Certainly we feel very good that the beloved Congressman will get
this honor after his death. We want to say, his wife has been an
extraordinary person in pushing this through.
Today Senators Murray and Isakson got a standing ovation from the men
and women who are suffering either from mesothelioma or their families
who were there representing them or some whose families are here,
although their loved one has perished. In this press conference I read
a poem written by a beautiful woman, a Californian who lost her
husband, and her agony as she watched her husband literally disappear
before her eyes. I met a woman today whose son died at age 33 from
mesothelioma. They can't figure out exactly where the exposure came
from. I saw his picture when he was 31, a vibrant, beautiful young man,
his emaciated face, still handsome a couple years later, and then he
was gone. This bill is so important, that we join the nations of the
world who have already banned asbestos and say, there are moments here
you feel proud of, you feel kind of proud of, you feel not so proud of.
Today I am so proud of my colleagues. The day I learned I had
jurisdiction over this matter in committee was a joyful day for me,
because I knew we could pull it off because we had Johnny Isakson on
the Republican side who would take the lead. We worked across party
lines. And to Patty Murray, I would say: There is a snag, call Johnny.
And they would talk.
So we are here this day. It is emotional. It is a wonderful moment. I
congratulate Senators Murray and Isakson. I am so proud I was in the
right place at the right time to help them.
The PRESIDING OFFICER (Mr. Webb). The majority leader.
Mr. REID. When I went to law school, I can only remember one woman in
my law school class. I went to George Washington. It was a large class.
Women didn't go to law school much in those days. A few years later, I
took the bar. It was a small group of men studying for the bar in
Nevada. There may have been a couple women, but that was it. When I
came to the Senate, Mikulski was the woman. She still is. Since that
time, we have had the good fortune of having a significant number of
women elected to the Senate. Fortunately, most of them are on this side
of the aisle. The Senate is a much better place because of women being
here. The legal profession is a better profession now because of women
being in it. Because as much as we joke about it, men and women are
different. They think differently. I can testify to that as a result of
having served in the Senate with a meager number of women and now with
a significant number. The Senate would only be better if there were
more women.
I extend my appreciation to Patty Murray, a woman of great stature,
somebody who has persevered on an issue that when she started it, she
was alone. She stood up during our battles we had here in recent years
on asbestos liability, with her eyes pointed toward one thing this
country should do, and that is not allow the importation of asbestos.
That now has happened.
Barbara Boxer, a kind, thoughtful person she is, with a heart as big
as anybody's heart in the Senate. I knew from the very beginning this
was something she wanted to do as chairman of the Environment and
Public Works Committee. It has been done.
Johnny Isakson is a conservative Republican from the State of
Georgia. But he is a person who is mindful of the need to work together
and get things done. I so admire his ability to work across party
lines. As tenacious and hard working as these two women I have
mentioned are, it couldn't have been done without Senator Isakson. This
is a very important day.
I can remember so clearly Bruce Vento. Two examples, then I won't
take any more time of Chairman Mikulski. I was a brand new House
member, walking across Independence Avenue. He said: You should have a
national park in Nevada. Because of him,
[[Page S12737]]
we got a national park in Nevada. The Great Basin National Park is in
Nevada. Bruce Vento pointed me in the right direction and that is what
we did. The most significant legislation I have ever offered has been
something in Nevada we call a negotiated settlement which involved two
endangered species, two Indian tribes, 100-year water war between the
States of California and Nevada. Wetlands had dried up from 100,000
acres to probably 1,000 putrid areas. It involved irrigation districts,
the cities of Reno and Sparks.
Bruce Vento was on the floor in 1993, and by unanimous consent in the
House worked his magic. It was late in the session, and it was the next
to the last thing that passed that session. As happens over there late
at night when they are trying to get things done, there was a lot of
confusion going on, but he got it done.
This is a wonderful day for the American people. We will get this
through the House and this will be signed by the President. I feel so
happy that this is done for so many different reasons.
Mr. LEAHY. Mr. President, I commend Senator Murray for her efforts to
end the use of asbestos in the United States. America should join the
more than 40 other countries that have banned its use. This is an issue
where the devastating health effects of asbestos far outweigh the
economic benefits of its continued widespread use. It is surprising to
me that there is any significant debate in light of what we know about
the deadliness of this substance, and the tremendous suffering of so
many Americans.
Nearly 10,000 people die each year from asbestos-related disease.
Asbestos is among the most lethal substances ever to be widely used in
the workplace. Between 1940 and 1980, more than 27.5 million workers
were exposed to asbestos on the job, and nearly 19 million of them had
high levels of exposure over long periods of time. We even know of
family members who have suffered asbestos-related disease from washing
the clothes of loved ones. The ravages of disease caused by asbestos
have affected tens of thousands of American families. Given what we
know about asbestos, we should not permit the immense suffering its use
has caused to continue any longer.
Senator Murray's bill is a step in the right direction toward a more
comprehensive solution to this problem. I am glad this bill contains
provisions for increased research and education concerning asbestos.
Preventing future exposure is a good thing, but we must do more to
address the terrible suffering that continues in the United States and
we owe it to those who have been affected to enact an effective system
for their care and compensation.
Although I would have preferred to have retained the more extensive
provisions contained in the comprehensive bipartisan bill then-
Judiciary Committee Chairman Specter and I proposed in the 109th
Congress, I believe that if enacted, this legislation will save many
lives in the future. We owe it to all Americans to do everything we can
to end the use of asbestos and to confront the terrible legacy this
deadly substance has left behind.
The PRESIDING OFFICER. The Senator from Maryland.
Ms. MIKULSKI. Before my three colleagues who have accomplished this
significant feat leave the floor, I, too, wish to salute them. Dear
colleagues, what an emotional day. First, our good friend Senator
Wellstone embarked on that with you, Senator Murray, many years ago.
Paul is no longer with us. His legacy lives on. There is a saying I
learned in Catholic girls school: exegi aani perrenius. I will build a
monument in lasting bronze. And when one thinks about a monument to
Paul Wellstone, the kind of wise guy he was, he wouldn't be a marble
guy or want some bronze statue. He would want this as a memorial that
others might live. As a Senator from Maryland, my State is a
manufacturing State. In my shipyards, there was so much asbestos. To
this day, the shipyard workers of Baltimore and Fairfield, Bethlehem
Steel, people who built the liberty ships, the ones who helped win the
battle of the North Atlantic, the ones who every day would go to work
with their lunch pail, now go to the senior citizen meetings carrying
an oxygen tank, and not only have they suffered but their spouses
suffer. Most of the guys in those days would come home and they would
wash their clothes and take care of them. The women were exposed to
this as well. It is not only secondhand smoke, but it was secondhand
asbestos.
For me today to know that when we talked about better things through
chemistry, the answer was yes, but what we did without realizing it was
subject our American citizens to such unbelievable pain. So for the
guys at the shipyards, we say to Murray, to Boxer, and to Isakson:
Anchors aweigh, my boys and girls, anchors aweigh.
I yield the floor.
The PRESIDING OFFICER. The Senator from Washington.
Mrs. MURRAY. Mr. President, I thank my colleagues and our floor staff
on both sides of the aisle who helped us. They know that Senator
Isakson and I dogged them every single day, every single minute of the
way until we got this done. Without their help we couldn't be here
either. I will end by saying I have looked in the eyes of too many
people who have lost a loved one to a product that contained asbestos
because they went to work and didn't know they were being exposed. To
all of those people who have stuck with us and worked with us and
fought with us--some of them are here in the Senate with us today--we
wouldn't be here without you and your passion. Because of that, we are
changing the world to a better place.
I thank the Chair.
____________________