[Congressional Record (Bound Edition), Volume 154 (2008), Part 14]
[Extensions of Remarks]
[Page 19353]
[From the U.S. Government Publishing Office, www.gpo.gov]




 INTRODUCTION OF THE BRUCE VENTO BAN ASBESTOS AND PREVENT MESOTHELIOMA 
                              ACT OF 2008

                                 ______
                                 

                            HON. GENE GREEN

                                of texas

                    in the house of representatives

                      Tuesday, September 16, 2008

  Mr. GENE GREEN of Texas. Madam Speaker, today marks a milestone for 
the U.S. House of Representatives in the fight against asbestos-related 
disease. The Bruce Vento Act is strong and comprehensive legislation to 
prohibit asbestos-containing products in commerce.
  As chairman of the Subcommittee on the Environment and Hazardous 
Materials Subcommittee, I believe action to eliminate asbestos-
containing products from the U.S. economy and prevent asbestos-related 
disease is long overdue.
  We are proud to have the support of the Asbestos Disease Awareness 
Organization, the Mesothelioma Applied Research Foundation, the AFL-
CIO, the American Public Health Association, the Environmental Working 
Group, and other asbestos organizations.
  Since we take this historic step near the end of the 110th Congress, 
we intend to move the legislation forward next Congress and work with 
all parties to address their concerns while maintaining public health 
protection.
  We are taking this action because many of our constituents have 
suffered and passed away due to asbestosis, mesothelioma, lung cancer 
and other asbestos-related diseases and yet asbestos remains a legal 
product for many uses. Many workers in the 29th Congressional District 
of Texas were tragically lost due to their hard work in the shipping 
and maritime industries.
  Many longshoreman, pipefitters, seafarers, and other maritime workers 
have been exposed to deadly asbestos risks, so Houston is no stranger 
to the scourge of asbestos, as uncounted families continue to grieve 
their loss day after day.
  In 2000, a highly-valued Member of this House, Congressman Bruce 
Vento of Minnesota, was tragically lost to mesothelioma. He had made 
the protection of public health and the environment one of his 
priorities in Congress, and he represented his district extremely well.
  We have worked very closely on this legislation with his successor, 
Congresswoman Betty McCollum, who is equally devoted to the protection 
of her constituents and the legacy of Congressman Vento. Congresswoman 
McCollum's expertise, urgency and constructive attitude should be an 
inspiration to us all on this issue.
  I would also like to recognize my good friends and colleagues on the 
Energy and Commerce Committee, Congresswoman Hilda Solis and 
Congresswoman Lois Capps for their strong support and valuable 
contribution to this important legislation. Like many Members, they 
also represent too many families that have been devastated by asbestos-
related disease.
  For many years, statistics were inaccurate, but recent medical 
knowledge reveals that nearly 10,000 people continue to die each year 
as a result of asbestos-related disease. With such a horrible toll, 
many Americans may believe that asbestos was already banned.
  In fact, EPA attempted to ban asbestos in products in 1989, well 
after the deadly effects were well-known, but their decision was 
overturned by the Fifth Circuit Court of Appeals in 1991 in the case 
Corrosion Proof Fittings v. EPA. This ruling based on the statutory 
interpretation of the Toxics Substances Control Act and administrative 
law kept the market for asbestos-containing products alive, while 
thousands continued to die.
  The Bruce Vento Act does not permit asbestos in products sold in the 
U.S. in any concentration, except for those products that meet certain 
narrow, justifiable, and unavoidable exceptions and exemptions.
  These exceptions apply when asbestos is present in a product due to 
deposition from ambient air, or from water that meets the Safe Water 
Drinking Act standard for asbestos. The limited exemptions from the 
prohibition banning asbestos-containing products take into account 
public health considerations and apply in specific situations and for 
certain products, such as aggregate products, like asphalt or concrete, 
or certain minerals that can be associated with asbestos.
  These exemptions are narrowly tailored to reduce asbestos in products 
to the maximum extent possible. While asbestos is a naturally occurring 
mineral, it does not enter the stream of commerce without being brought 
there by economic activity.
  As a result, we limit exemptions to situations where very low 
concentrations of asbestos are unavoidable. However, we continue to 
recognize that U.S. Environmental Protection Agency experts and others 
testified before our Committee that there is no known safe level of 
asbestos and it remains highly toxic even in very low concentrations.
  Regarding these narrow exemptions, the legislative language is also 
quite clear that no exemption from an asbestos ban--either statutory or 
regulatory--should have any bearing on any litigation on one side or 
the other.
  Our legislation explicitly takes care to not create any new federal 
causes of action or defenses for plaintiffs or defendants. In the 
United States, the courthouse doors should always be open to people 
with valid claims, but our goal is to reduce the need for such claims 
to be filed in the first place by avoiding asbestos-related injuries 
and deaths.
  To prevent asbestos from entering the stream of commerce, our 
legislation provides for civil and criminal penalties for selling 
asbestos containing products consistent with other environmental laws. 
To be liable for criminal penalties, a violation must be knowing or 
willful.
  As the chairman of the Environment and Hazardous Materials 
Subcommittee, I intend to work with my colleagues and all parties and 
move this legislation next year.

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