[Congressional Record (Bound Edition), Volume 153 (2007), Part 19]
[Senate]
[Pages 26727-26737]
[From the U.S. 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;

[[Page 26728]]

       (2) many people in the United States incorrectly believe 
     that--
       (A) asbestos has been banned in the United States; and
       (B) there is no risk of exposure to asbestos through the 
     use of new commercial products;
       (3) the United States Geological Survey reported that, in 
     2006, the United States used 2,000 metric tons of asbestos, 
     of which approximately--
       (A) 55 percent was used in roofing products;
       (B) 26 percent was used in coatings; and
       (C) 19 percent was used in other products, such as friction 
     products;
       (4) the Department of Commerce estimates that the United 
     States imports more than $100,000,000 of brake parts per 
     year;
       (5) available evidence suggests that--
       (A) imports of some types of asbestos-containing products 
     are increasing; and
       (B) some of those products are imported from foreign 
     countries in which asbestos is poorly regulated;
       (6) there is no known safe level of exposure to asbestos;
       (7) even low levels of exposure to asbestos may cause 
     asbestos-related diseases, including mesothelioma;
       (8) millions of workers in the United States have been, and 
     continue to be, exposed to dangerous levels of asbestos;
       (9) worker deaths from noncancerous lung disease can occur 
     at levels of exposure to asbestos below the levels allowed by 
     the Occupational Safety and Health Administration as of the 
     date of enactment of this Act;
       (10) families of workers are put at risk because of 
     asbestos brought home by the workers on the shoes, clothes, 
     skin, and hair of the workers;
       (11) approximately \1/3\ of mesothelioma victims were 
     exposed to asbestos while serving the United States on Navy 
     ships or shipyards;
       (12) the National Institutes of Health reported to Congress 
     in 2006 that mesothelioma is a difficult disease to detect, 
     diagnose, and treat;
       (13) the Environmental Working Group estimates that as many 
     as 10,000 citizens of the United States die each year from 
     mesothelioma and other asbestos-related diseases;
       (14)(A) mesothelioma responds poorly to conventional 
     chemotherapy; and
       (B) although new combination treatments for mesothelioma 
     have demonstrated some benefits--
       (i) the median survival period for mesothelioma is only 1 
     year after diagnosis of the disease; and
       (ii) the majority of mesothelioma patients die within 2 
     years of diagnosis of the disease;
       (15) in hearings before Congress in the early 1970s, the 
     example of asbestos was used to justify the need for 
     comprehensive legislation on toxic substances;
       (16) in 1976, Congress passed the Toxic Substances Control 
     Act (15 U.S.C. 2601 et seq.);
       (17) in 1989, the Administrator 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--

[[Page 26729]]

       ``(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

       ``(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

[[Page 26730]]

       ``(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.

       ``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)''.

[[Page 26731]]

       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;
       (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--

[[Page 26732]]

       ``(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

       ``(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.--

[[Page 26733]]

       ``(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.

       ``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.

[[Page 26734]]

       ``(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'' 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 2 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

[[Page 26735]]

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 
2 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 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.

[[Page 26736]]

  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 2 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, 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

[[Page 26737]]

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.

                          ____________________