[Congressional Record Volume 161, Number 40 (Tuesday, March 10, 2015)]
[Senate]
[Pages S1387-S1388]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN (for himself and Mr. Markey):
  S. 700. A bill to amend the Asbestos Information Act of 1988 to 
establish a public database of asbestos-containing products, to require 
public disclosure of information pertaining to the manufacture, 
processing, distribution, and use of asbestos-containing products in 
the United States, and for other purposes; to the Committee on 
Environment and Public Works.
  Mr. DURBIN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 700

       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 ``Reducing Exposure to 
     Asbestos Database Act of 2015'' or the ``READ Act''.

     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) the International Agency for Research on Cancer has 
     classified asbestos as a class 1 human carcinogen;
       (3) despite the enactment of the Asbestos Information Act 
     of 1988 (15 U.S.C. 2607 note; Public Law 100-577), which 
     sought to improve transparency and public awareness of the 
     presence of asbestos in commercial materials and products, 
     many people in the United States still 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;
       (4) asbestos is still being imported and used, and is 
     otherwise present as a contaminant, in some consumer and 
     industrial products in the United States;
       (5) according to the Environmental Protection Agency, the 
     manufacture, importation, processing, and distribution in 
     commerce of many asbestos-containing products are not banned 
     in the United States, including--
       (A) cement corrugated sheet;
       (B) cement flat sheet;
       (C) clothing;
       (D) pipeline wrap;
       (E) roofing felt;
       (F) vinyl floor tile;
       (G) cement shingle;
       (H) millboard;
       (I) cement pipe;
       (J) automatic transmission components;
       (K) clutch facings;
       (L) friction materials;
       (M) disc brake pads;
       (N) drum brake linings;
       (O) brake blocks;
       (P) gaskets;
       (Q) non-roofing coatings; and
       (R) roof coatings;
       (6) consumers and workers are at risk of asbestos exposure, 
     and families of workers are also put at risk because of 
     asbestos brought home by the workers on the shoes, clothes, 
     skin, and hair of the workers;
       (7) 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;
       (8) the National Institutes of Health reported to Congress 
     that mesothelioma is a difficult disease to detect, diagnose, 
     and treat;
       (9) mesothelioma responds poorly to conventional 
     chemotherapy, and although new combination treatments for 
     mesothelioma have demonstrated some benefits--
       (A) the median survival period for mesothelioma is only 1 
     year after diagnosis of the disease; and
       (B) the majority of mesothelioma patients die within 2 
     years of diagnosis of the disease; and
       (10) until asbestos is completely banned from being used in 
     or imported into the United States, transparent and 
     accessible information about the location and identity of 
     asbestos and asbestos-containing products in the United 
     States is necessary to better protect consumers, workers, 
     families, and the people of the United States.

     SEC. 3. ESTABLISHMENT OF ASBESTOS-CONTAINING PRODUCT 
                   DATABASE.

       The Asbestos Information Act of 1988 (15 U.S.C. 2607 note; 
     Public Law 100-577) is amended--
       (1) in section 4--
       (A) by redesignating paragraphs (3) through (7) as 
     paragraphs (4) through (8), respectively; and
       (B) by inserting after paragraph (2) the following:
       ``(3) 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.'';
       (2) in section 2, by inserting ``(referred to in this Act 
     as the `Administrator')'' after ``Administrator of the 
     Environmental Protection Agency''; and
       (3) by adding at the end the following:

     ``SEC. 5. ASBESTOS-CONTAINING PRODUCT DATABASE.

       ``(a) In General.--Using funds otherwise made available to 
     the Administrator, the Administrator shall, in accordance 
     with this section, establish and maintain a database of 
     asbestos-containing products (referred to in this Act as the 
     `database') that is--
       ``(1) publicly available;
       ``(2) searchable; and
       ``(3) accessible through the website of the Administrator.
       ``(b) Submission of Detailed Implementation Plan to 
     Congress.--
       ``(1) In general.--Not later than 180 days after the date 
     of enactment of this section, the Administrator shall submit 
     to the appropriate congressional committees a detailed plan 
     for establishing and maintaining the database, including 
     plans for the operation, content, maintenance, and 
     functionality of the database.
       ``(2) Integration.--The plan described in paragraph (1) 
     shall detail the integration of the database into the overall 
     information technology improvement objectives and plans of 
     the Administrator.
       ``(3) Implementation.--The plan described in paragraph (1) 
     shall include--
       ``(A) a detailed implementation schedule for the database; 
     and
       ``(B) plans for a public awareness campaign conducted by 
     the Administrator to increase awareness of the database.
       ``(c) Date of Initial Availability.--Not later than 180 
     days after the date on which the Administrator submits the 
     plan under subsection (b)(1), the Administrator shall 
     establish the database.
       ``(d) Submission of Information on Asbestos-containing 
     Products.--
       ``(1) In general.--Beginning on the date that is 270 days 
     after the date of enactment of this section, and not less 
     frequently than annually thereafter, any person who 
     manufactured, processed, distributed, sold, imported, 
     transported, or stored an asbestos-containing product in the 
     immediately preceding calendar year shall submit to the 
     Administrator a written report, in a form to be determined by 
     the Administrator, containing information sufficient to 
     identify the characteristics and location of the asbestos-
     containing products.
       ``(2) Contents.--The report under paragraph (1) shall 
     include--
       ``(A) the type or class of asbestos-containing product;
       ``(B) the manufacturer of the asbestos-containing product;

[[Page S1388]]

       ``(C) any applicable import history of the asbestos-
     containing product;
       ``(D) the name and street address of any location 
     accessible by the public in which the person has reasonable 
     knowledge that the asbestos-containing product has been 
     present within the immediately preceding calendar year; and
       ``(E) any additional information the Administrator 
     determines is appropriate to enable consumers and workers to 
     avoid exposure to asbestos-containing products.
       ``(e) Organization of Database.--The Administrator shall--
       ``(1) categorize the information available on the 
     database--
       ``(A) in a manner consistent with the public interest; and
       ``(B) in such manner as the Administrator determines will 
     facilitate easy use by consumers; and
       ``(2) ensure, to the maximum extent practicable, that the 
     database is sortable and accessible by--
       ``(A) the date on which information is submitted for 
     inclusion in the database;
       ``(B) the name of the asbestos-containing product;
       ``(C) the model name;
       ``(D) the name of the manufacturer;
       ``(E) the name of the importer, if applicable;
       ``(F) the name of the reporting person;
       ``(G) the name and street address of any location in which 
     an asbestos-containing product is reported to have been 
     present; and
       ``(H) any other element the Administrator considers to be 
     in the public interest.

     ``SEC. 6. PENALTIES.

       ``(a) In General.--Any person who knowingly manufactured, 
     processed, distributed, sold, imported, transported, or 
     stored an asbestos-containing product in the immediately 
     preceding calendar year and who did not submit a report to 
     the Administrator under section 5 shall be liable for a civil 
     penalty of $10,000 for each day after the deadline under 
     section 5(d)(1) the report has not been submitted.
       ``(b) False or Inaccurate Information.--Any person who 
     knowingly provides false or inaccurate information in a 
     report under section 5 or who knowingly fails to provide 
     information required in a report under section 5 shall be 
     liable for a civil penalty of $10,000 for each violation of 
     this paragraph.''.

     SEC. 4. GOVERNMENT ACCOUNTABILITY OFFICE REPORT.

       Not later than 2 years after the Administrator of the 
     Environmental Protection Agency establishes the database of 
     asbestos-containing products under section 5(a) of the 
     Asbestos Information Act of 1988 (15 U.S.C. 2607 note; Public 
     Law 100-577) (referred to in this section as the 
     ``database''), the Comptroller General of the United States 
     shall submit to the appropriate congressional committees a 
     report that contains--
       (1) an analysis of the utility of the database, including--
       (A) an assessment of the extent of use of the database by 
     consumers, including--
       (i) whether the database is accessed by a broad range of 
     the public; and
       (ii) whether consumers find the database to be useful; and
       (B) efforts by the Administrator to inform the public about 
     the database;
       (2) recommendations for measures to increase use of the 
     database by consumers; and
       (3) recommendations for measures to further reduce the harm 
     caused by exposure to asbestos, including bans on the 
     importation and use of asbestos-containing products.

                          ____________________