[Senate Report 110-189]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 321
110th Congress                                                   Report
                                 SENATE
 1st Session                                                    110-189

======================================================================



 
                  BAN ASBESTOS IN AMERICA ACT OF 2007

                                _______
                                

                October 3, 2007.--Ordered to be printed

                                _______
                                

    Mrs. Boxer, from the Committee on Environment and Public Works, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 742]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, to which was 
referred the bill (S. 742) to amend the Toxic Substances 
Control Act to reduce the health risks posed by asbestos-
containing products, and for other purposes, having considered 
the same, reports favorably thereon with an amendment in the 
nature of a substitute and recommends the bill, as amended, do 
pass.

                 Purpose and Summary of the Legislation

    The purpose of S. 742 is to prohibit the importation, 
manufacturing, processing and distribution of asbestos-
containing material and products having asbestos-containing 
material. The bill also expands research efforts on asbestos-
related diseases and establishes a public education campaign to 
inform Americans about the dangers of asbestos exposure.

                  Background and Need for Legislation


                       MINERAL FORMS OF ASBESTOS

    Asbestos is a commercial name given to six minerals--
amosite, crocidolite, tremolite, actinolite, anthophyllite, and 
chrysotile.\1\ In traditional mineralogy, asbestos is a 
commercial term that describes a variety of certain silicates 
belonging to the serpentine and amphibole mineral groups, which 
have crystallized in the asbestiform habit into bundles of 
fibers causing them to be easily separated into long, very 
thin, flexible, heat resistant, strong parallel fibers when 
crushed or processed. When commercial asbestos products are 
handled, the measurement of asbestos in both the bulk material 
and in the air is relatively simple and straightforward. In the 
natural environment, however, where both asbestiform and non-
asbestiform varieties of these minerals can occur 
simultaneously, these analyses are quite complex and 
challenging. The methodology study (Section 222(b)) to be 
conducted will serve to inform those analyzing these complex 
samples, so that the properties of asbestos can be more 
accurately determined and distinguished from those properties 
of elongated particles that are not asbestos. Amphibole 
fibers--which include actinolite asbestos, tremolite asbestos, 
anthophyllite asbestos, crocidolite and amosite--are generally 
brittle and often have a rod- or needle-like shape, whereas 
chrysotile fibers are flexible and curved.\2\ Some federal 
agencies regulate these same minerals in the nonfibrous form 
under particulate matter standards. Substances, including 
building stone,\3\ talc,\4\ and vermiculite\5\ may contain 
these minerals, including asbestos.
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    Footnotes appear at end of section.
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                       HEALTH EFFECTS OF ASBESTOS

    All forms of asbestos are hazardous and all can cause 
cancer, but amphibole forms of asbestos are considered by some 
to be somewhat more hazardous to health than chrysotile. 
Asbestos can also cause a non-cancerous lung scarring and 
asbestosis.\6\ The incidence of disease generally depends on 
fiber type and size and the extent and duration of exposure.\7\

Exposure

    Asbestos materials have a tendency to separate into 
microscopic fibers or fibrils that can be suspended in the air 
for days and easily inhaled. Fibers can become suspended when 
asbestos-containing materials break down in natural deposits. 
Fibers can also become suspended during manufacturing or when 
products having asbestos-containing material degrade or undergo 
maintenance.\8\
    Small asbestos fibers are inhaled deep into the lungs and 
can trigger cells deaths. The body's cells can envelop asbestos 
fibers from the lungs, but the great majority of fibers in the 
lung remain uncoated. Once enveloped by a cell, the body may 
form lung scarring, clear the material or transported it to 
another area in the body.\9\
    According to EPA, between 1940 and 1980, an estimated 27 
million American workers had an occupational exposure to 
asbestos that could result in health effects.\10\ Today, an 
estimated 1.3 million employees in construction and general 
industry still face significant asbestos exposure on the 
job.\11\ Family members and others can be exposed to asbestos 
that is carried home or to other locations than the 
workplace.\12\ People can also be exposed to asbestos if the 
substance exists in structures and airborne asbestos dust has 
an exposure route, including demolition, remolding, or 
fires.\13\

Cancer

    Domestic and international public health organizations 
recognize that asbestos causes cancer, including the 
Environmental Protection Agency,\14\ Occupational Safety and 
Health Administration,\15\ National Institutes of Health,\16\ 
Centers for Disease Control,\17\ and the International Agency 
for Research on Cancer,\18\ which is part of the World Health 
Organization.
    Two types of cancer are most prominently associated with 
asbestos: lung cancer and mesothelioma.\19\ Mesothelioma is a 
rare form of cancer associated with asbestos exposure. The 
symptoms of lung cancers may take 40 years to develop.\20\ 
According the NIOSH, there were roughly 2,500 work-related 
mesothelioma deaths each year between 1999 and 2002.\21\

Non-Cancer Health Impacts

    Non-cancer health impacts include asbestosis, pleural 
plaques, and thickening and effusions in the lungs, which can 
cause coughing, shortness of breath, scarring of lung tissue, 
reduced oxygen levels and death.\22\ Work-related asbestosis 
deaths recorded among US residents age 15 and over have 
increased from fewer than 100 in 1968 to more than 1,250 
annually in 1999.\23\ According to NIOSH, over a 10-year period 
from 1990 to 1999, there were more than 10,000 work-related 
asbestosis deaths, and annual asbestosis deaths increased by 
one-third.\24\

                          USES OF ASBESTOS\25\

    In 2005, world production of asbestos was 2.40 million 
metric tons, an increase from 2.36 million metric tons in 2004. 
Russia led the world in asbestos production, followed by China, 
Kazakhstan, Canada, Brazil, and Zimbabwe.
    Asbestos has not been mined in the United States since 
2002, and imports, mostly from Canada (88 percent), satisfy 
domestic manufacturing needs. In the United States, asbestos 
has been used in about 3,000 different products. The United 
States used about 2,530 metric tons of asbestos in 2005. 
Roofing products accounted for 55 percent of this use, coating 
and compounds about 26 percent, other uses about 19 percent, 
and electrical insulation less than 1 percent. In 2005, the 
United States also imported a number of products that contained 
asbestos or that could contain asbestos, including cement and 
cement panels, sheets, and tiles; fabric, including yarn, 
thread, cord, and string; gaskets, packing material, and seals; 
and aircraft parts.
    The United States exports and reexports asbestos and 
asbestos products. The main products include brake lining and 
disk brake pads, cement panels, sheets, tiles, and tubes, 
clutch facings and linings, fiber products, gaskets, packing 
and seals, and paper and millboard.

      STANDARDS AND RECOMMENDATIONS TO REDUCE EXPOSURE TO ASBESTOS

    A number of federal agencies and international 
organizations have developed standards or recommendations for 
reducing exposure to asbestos.

The National Institutes for Occupational Safety and Health (NIOSH)\26\

    For asbestos fibers greater than 5 micrometers in length, 
NIOSH has a Recommended Exposure Limit of 100,000 fibers per 
cubic meter of air, which is equal to 0.1 fibers per cubic 
centimeter of air.
    NIOSH defines airborne asbestos fibers as having (1) an 
aspect ratio (i.e. length to width ratio) of 3 to 1 or greater, 
and (2) the mineralogical characteristics (i.e. the crystal 
structure and elemental composition) of asbestos minerals and 
nonasbestiform substances.
    NIOSH defines asbestos minerals as chrysotile, crocidolite, 
amosite, anthophyllite, tremolite, and actinolite. Airborne 
cleavage fragments from the nonasbestiform types of the 
serpentine minerals antigorite and lizardite, and the amphibole 
minerals contained in the series cummingtonite-grunerite, 
tremolite-ferroactinolite, and glaucophane-riebeckite also 
count as fibers provided they meet the criteria for a fiber 
when viewed microscopically.
    According to NIOSH, 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.\27\

Environmental Protection Agency (EPA)

            Toxic Substances Control Act (TSCA)\28\
    In 1989 EPA tried to ban or phase out various uses of 
asbestos under TSCA, but a 1991 court decision overturned much 
of EPA's action. Six asbestos products are still banned: (1) 
Corrugated paper, (2) Rollboard, (3) Commercial Paper, (4) 
Specialty Paper, (5) Flooring Felt, and (6) New Uses of 
Asbestos. Based on EPA's failure to follow statutory and 
administrative procedures, the court overturned EPA actions to 
ban or phase out the following products: asbestos-cement 
corrugated sheet, asbestos-cement flat sheet, asbestos 
clothing, pipeline wrap, roofing felt, vinyl-asbestos floor 
tile, asbestos-cement shingle, millboard, asbestos-cement pipe, 
automatic transmission components, clutch facings, friction 
materials, disc brake pads, drum brake linings, brake blocks, 
gaskets, non-roofing coatings, and roof coatings. However, 
additional scientific evidence demonstrates an ongoing threat 
from asbestos exposure,\29\ and manufacturers have decreased or 
eliminated their use of asbestos in such products over the past 
15 years.\30\
            Clean Air Act
    EPA regulates asbestos in two ways under the Clean Air Act, 
with spray-on applications of material that contain asbestos 
and in demolishing and renovating certain structures that have 
asbestos-containing material inside.
    EPA regulates the use of asbestos in spray-on applications 
of materials that contain more than 1 percent asbestos in 
buildings, structures, pipes, and conduits, unless the material 
is encapsulated during the spraying and the materials do not 
easily crumble after drying. EPA still allows spray-on 
applications of material containing more than one percent of 
asbestos on equipment and machinery, if the asbestos fibers in 
the materials are encapsulated during spraying and the 
materials do not easily crumble after drying.\31\ EPA 
acknowledges that the one percent threshold still could present 
a public health threat.\32\
    EPA's regulation of demolition and renovation activities 
applies to residential buildings with four or more living 
units, commercial, institutional, industrial, or public 
buildings, ships and other structures that contain certain 
threshold amounts of asbestos-regulated material. Public notice 
must be given prior to beginning work and certain exposure 
mitigation steps must be taken during the work and with 
transportation and disposal of the material.\33\

Occupational Safety and Health Administration (OSHA)\34\

    OSHA has a Permissible Exposure Limit (PEL) with two parts: 
(1) Time Weighted Average--requires employers to ensure that no 
employee is exposed to an airborne concentration of asbestos in 
excess of 0.1 fibers per cubic centimeter of air as an 8-hour 
time-weighted average. OSHA acknowledges that significant risk 
remains with its PEL. However, OSHA did not set a lower PEL 
because OSHA determined that lower asbestos levels cannot be 
reliably measured at the time and because additional steps, 
such as wetting down material, could further reduce exposures.
    OSHA also set an Excursion Limit that requires employers to 
ensure that no employee is exposed to an airborne concentration 
of asbestos in excess of 1.0 fiber per cubic centimeter of air 
as averaged over a 30 minute sampling period.
    OSHA and MSHA did not accept the NIOSH position to regulate 
nonasbestiform minerals in its asbestos standard.

Mine Safety and Health Administration (MSHA)

    In 2002, MSHA issued an advanced notice of proposed 
rulemaking to revise their existing health standards for 
asbestos exposure at metal and nonmetal mines, surface coal 
mines, and surface areas of underground coal mines. The 
proposed rule would reduce the permissible exposure limit to 
make it consistent with OSHA's rulemaking.

             INTERNATIONAL BANS ON THE USE OF ASBESTOS\35\

    According to the World Health Organization, more than 40 
countries--including all members of the European Union--have 
banned asbestos, with some exceptions for certain uses.

                               FOOTNOTES

    \1\NIOSH, Asbestos, Available at: www.cdc.gov/niosh/topics/
asbestos.
    \2\ATSDR, Toxicological Profile for Asbestos (2001).
    \3\NIOSH, Occupational Respiratory Disease Surveillance, available 
at: http://www.cdc.gov/niosh/topics/surveillance/ORDS/
NationalStatistics/Highlights/table01-08(A09).html, and ATSDR, 
Asbestos, Available at: http://www.cdc.gov/niosh/topics/surveillance/
ORDS/NationalStatistics/Highlights/table01-08(A09).html.
    \4\ATSDR, Toxicological Profile for Asbestos (2001).
    \5\EPA, Asbestos and Vermiculite, Available at: http://www.epa.gov/
asbestos/.
    \6\ATSDR, Toxicological Profile for Asbestos (2001).
    \7\World Health Organization, Elimination of Asbestos-Related 
Diseases, Available at: www.who.int/entity/occupational_health/
publications/asbestosrelateddiseases.pdf.
    \8\ATSDR, Toxicological Profile for Asbestos (2001) and ATSDR, 
Questions and Answers, Exposure to Asbestos, Available at: 
www.atsdr.cdc.gov/NEWS/asbestosexposure2.html.
    \9\ATSDR, Toxicological Profile for Asbestos (2001) and American 
Thoracic Society, Diagnosis and Initial Management of Nonmalignant 
Diseases Related to Asbestos (2004), Available at: http://
www.thoracic.org/sections/publications/statements/pages/eoh/
asbestos.html.
    \10\EPA, Asbestos, The Asbestos Informer, Available at: 
www.epa.gov/region4/air/asbestos/inform.htm.
    \11\OSHA, Safety and Health Topics, Asbestos, Available at: 
www.osha.gov/SLTC/asbestos/.
    \12\ATSDR, Asbestos, ToxFAQs, ATSDR, Toxicological Profile for 
Asbestos (2001), and EPA, Preventing Asbestos Exposure Among Brake and 
Clutch Repair Workers (2007).
    \13\EPA, The Asbestos Informer, Available at: http://www.epa.gov/
region4/air/asbestos/inform.htm, ATSDR, Asbestos, ToxFAQs and ATSDR, 
Toxicological Profile for Asbestos (2001).
    \14\EPA, Asbestos and Vermiculite, Asbestos in Your Home, Available 
at: http://www.epa.gov/asbestos/pubs/ashome.html.
    \15\OSHA Asbestos Regulation, 29 C.F.R. 1910.1001(j)(3)(ii)(A).
    \16\National Cancer Institute, U.S. National Institutes of Health, 
National Cancer Institute Factsheet.
    \17\ATSDR, Asbestos, ToxFAQs.
    \18\World Health Organization, International Agency for Research on 
Cancer, IARC Mongraphs on the Evaluation of Carcinogenic Risks to 
Humans, Supplement 7.
    \19\ATSDR, Asbestos, ToxFAQs.
    \20\National Cancer Institute, U.S. National Institutes of Health, 
National Cancer Institute Factsheet.
    \21\NIOSH, Work-Related Lung Disease (eWoRld) Surveillance System, 
Available at: http://www2.cdc.gov/drds/WorldReportData/.
    \22\National Cancer Institute, U.S. National Institutes of Health, 
National Cancer Institute Factsheet and ATSDR, Questions and Answers, 
Exposure to Asbestos, Available at: www.atsdr.cdc.gov/NEWS/
asbestosexposure2.html.
    \23\NIOSH, Work-Related Lung Disease (eWoRld) Surveillance System, 
Available at: http://www2.cdc.gov/drds/WorldReportData/.
    \24\NIOSH, Work-Related Lung Disease (eWoRld) Surveillance System, 
Available at: http://www2.cdc.gov/drds/WorldReportData/.
    \25\USGS, 2005 Minerals Yearbook: Asbestos.
    \26\NIOSH, Comments of the National Institute for Occupational 
Safety and Health on the Mine Safety and Health Administration Advanced 
Notice of Proposed Rulemaking on Measuring and Controlling Asbestos 
Exposure (2002).
    \27\David N. Weissman Director, Division of Respiratory Disease 
Studies, National Institute for Occupational Safety and Health, Centers 
for Disease Control and Prevention, U.S. Department of Health and Human 
Services, Testimony before the U.S. Senate Committee on Environment and 
Public Works, Available at http://www.hhs.gov/asl/testify/2007/06/
t20070612c.html.
    \28\EPA, EPA Asbestos Materials Bans: Clarification (1999), 
Available at: http://www.epa.gov/asbestos/pubs/asbbans2.pdf and EPA, 
Obtaining Information on Asbestos, Available at: http://www.epa.gov/
asbestos/pubs/inforev.pdf
    \29\NIOSH, Work-Related Lung Disease (eWoRld) Surveillance System, 
Available at: http://www2.cdc.gov/drds/WorldReportData/, NIOSH, 
Comments of the National Institute for Occupational Safety and Health 
on the Mine Safety and Health Administration Advanced Notice of 
Proposed Rulemaking on Measuring and Controlling Asbestos Exposure 
(2002), World Health Organization, Elimination of Asbestos-Related 
Diseases, Available at: www.who.int/entity/occupational_health/
publications/asbestosrelateddiseases.pdf.
    \30\USGS, Mineral Yearbooks, Available at: http://
minerals.usgs.gov/minerals/pubs/commodity/asbestos/.
    \31\EPA, EPA Asbestos Materials Bans: Clarification (1999), 
Available at: http://www.epa.gov/asbestos/pubs/asbbans2.pdf.
    \32\EPA, addressing Asbestos at Superfund Sites, Available at: 
http://www.epa.gov/superfund/programs/asbestos/index.htm and GAO, 
Hazardous Materials, EPA's Cleanup of Asbestos in Libby, Montana, and 
Related Actions to Address Asbestos Contaminated Material (2003).
    \33\EPA, Common Questions on the Asbestos NESHAP, Available at: 
http://www.epa.gov/region4/air/asbestos/asbqa.htm.
    \34\OSHA Asbestos Regulation, 29 C.F.R. 1910.1001(b)-(c) and OSHA, 
Correspondence from Charles Jeffress, Assistant Secretary of OSHA to 
William Dyson (1999), Available at: http://www.osha.gov/pls/oshaweb/
owadisp.show_document?p_table=INTERPRETATIONS&p_id=22770.
    \35\World Health Organization, WHO Calls for Prevention of Cancer 
Through Healthy Workplaces, Available at: www.who.int/mediacentre/news/
notes/2007/np19/en/index.html.

                      Section-by-Section Analysis


Section 1. Short title

    This section sets forth the short title of the bill as the 
``Ban Asbestos in America Act of 2007.''

Section 2. Findings

    Summary: This section of the bill includes 20 findings 
regarding the importance of the ban on products having 
asbestos-containing materials, increased research, and an 
expanded effort to educate Americans about the effects of 
asbestos exposure.

Section 3. Asbestos-containing products

            Section 3. Subtitle A--General Provisions
    Summary: This section provides the technical changes to 
TSCA regarding the list of materials.
            Section 3. Subtitle B--Asbestos-Containing Products
    Summary: This section of the bill amends the Toxic 
Substances Control Act in several ways. First, it establishes 
new definitions, limited to this Subtitle, including 
``asbestos-containing product;'' ``elongated mineral 
particle;'' and ``biopersistent elongated mineral particle.''
    Second, it outlines new studies to be conducted by the 
National Institute of Occupational Safety and Health (NIOSH), 
in consultation with the National Academies of Science, US 
Geological Survey, and the Environmental Protection Agency, and 
appropriate Federal entities--a current state of the science 
study, a mode of action and health effects study, and a 
methodology study. This section also establishes a testing and 
public right-to-know program, which is also intended to 
facilitate enforcement. This section also requires an asbestos 
public education program.
    Third, this section requires the issuance of proposed and 
final regulations that prohibit the importation, manufacturing, 
processing, or distributing in commerce of asbestos-containing 
materials by the Environmental Protection Agency (EPA), and 
notes the conditions for limited exemptions including certain 
government uses, and diaphragms for existing electrolysis 
installations. The terms and conditions for exemptions are also 
established. In addition, this section outlines the 
requirements for disposing of materials prohibited under this 
bill.
    Finally, this section authorizes appropriations in such 
sums as necessary to carry out the provisions.
    Discussion--Definitions: The Committee intends that the 
definition of ``elongated mineral particle'' include, but not 
be limited to, asbestos and ``biopersistent elongated mineral 
particles'', acknowledging that an ``elongated mineral 
particle'' may or may not be asbestos or biopersistent, and may 
or may not present the same health risks as asbestos.
    The Committee recognizes that the term ``nonasbestiform 
minerals'' is used throughout the study section of the bill, 
but the term is not defined. For purposes of this section of 
the bill, the term ``nonasbestiform minerals'' refers to those 
minerals in the non-asbestiform varieties of chrysotile, 
amosite, crocidolite, anthophyllite, tremolite, actinolite, 
winchite, richterite, erionite and the nonasbestiform varieties 
of other amphiboles.
    It has come to the Committee's attention that the 
definition of ``elongated mineral particle'' in the bill could 
be construed to include synthetic polycrystalline fibers. The 
Committee does not intend this result. Synthetic fibers subject 
to human production and control are not included within the 
study at this time.
    Studies: With respect to the NIOSH studies, both the 
current state of the science study and the mode of action and 
health effects study, the Committee intends for NIOSH to 
examine and generate scientific evidence to guide the 
development of regulations that will distinguish those 
materials that may from those that do not cause asbestos-
related diseases.
    Both the description of the means by which to ``identify, 
distinguish, and measure'' such minerals and recommendations 
for controls to protect human health shall reflect the 
potential health risks found in occupational, recreational, 
residential, and other settings that are based on exposure 
patterns that people may encounter.
    The Committee intends the term ``consultation'' to mean 
that NIOSH should seek those organizations' expertise 
throughout the research work, and seeking comments prior to 
NIOSH's submission for publication.
    The Committee notes that Section 222 of the bill references 
a number of organizations, including the U.S. EPA, U.S. 
Geological Survey, the National Academy of Sciences, and 
appropriate federal entities. Other appropriate federal 
entities may include, but is not limited to, the National 
Institutes of Health, the National Cancer Institute and the 
National Institute of Environmental Health Sciences and others, 
that have been involved in mesothelioma and asbestos-related 
disease research. The Committee wishes to emphasize the 
importance of focusing consultation activities with agencies 
that have significant experience in researching and addressing 
the health effects of asbestos-related diseases.
    Public Education Program: The Committee believes that 
federal government has a responsibility to increase public 
awareness about the dangers of asbestos-containing materials 
and the harmful effects of asbestos exposure in the workplace, 
home, natural disasters, building demolishment, environment and 
other locations. In addition to the larger public education 
campaign, this information should be provided directly to 
asbestos-related disease patients, family members, and 
healthcare professionals. The Committee expects that this 
information will be comprehensive, timely and accurate. The 
Committee also encourages state and local governments to 
participate in this national public education campaign by 
sharing information with customers through state agencies.
            Section 3. Subtitle C--Prohibition on Asbestos-Containing 
                    Materials
    Summary: This section includes the prohibition of asbestos-
containing materials, provisions for conditional exemptions to 
this prohibition and includes a definition for distribute in 
commerce.
    Discussion: The prohibition in Section 232(a) applies only 
to asbestos-containing materials, which is a term defined in 
the Toxic Substances Control Act (TSCA) to mean ``any material 
which contains more than 1 percent asbestos by weight.''
    The exemption for existing electrolysis installations in 
Section 232(b)(4) applies to any installation (facility or 
plant) which uses asbestos diaphragms and meets the other 
requirements of the exemption. This exemption allows the 
importation, manufacturing, processing, and distribution in 
commerce of asbestos to be used to manufacture asbestos 
diaphragms, and the importation, manufacturing, processing, and 
distribution in commerce of asbestos diaphragms, so long as the 
diaphragms are intended for use in existing electrolysis 
installations meeting the requirements of the exemption. The 
Administrator must authorize these activities through 
regulations adopted under Section 232(a).
    The Administrator's review of an exemption under Section 
232(b)(4)(B) will be on an installation-by-installation basis. 
The exemption will continue to apply unless the Administrator 
determines under Section 232(b)(4)(C) that the use of asbestos 
diaphragms in the installation poses an unreasonable risk to 
health or the environment. This is a standard used in 
Subchapter I of the Toxic Substances Control Act. The 
Administrator's review of exemptions shall consider the factors 
listed in Section 6(c)(1)(A)-(D) of TSCA, using information 
that should include a consideration of the latest scientific 
findings on heath effects and technological considerations, and 
other appropriate guidance on relevant issues.
    This section also includes a public right-to-know and 
compliance testing program. Right to know programs can be an 
effective way to inform the public about potential health 
threats, encourage additional business scrutiny of their 
practices, and facilitate government enforcement efforts. The 
Committee expects that EPA's annual testing program shall be 
comprehensive including both qualitative and quantitative 
information on a diversity of products--produced domestically 
and internationally--which reflect the full range of products 
having asbestos-containing materials. Testing shall use the 
latest detection technologies to ensure that our ability to 
identify and eliminate the use of products having asbestos-
containing materials is enhanced by scientific advances. The 
Administrator should consider using multiple, independent 
laboratories to cross test products and to perform quality 
assurance and quality control activities. Compliance testing 
outlined in Section 232(d) shall not apply to the exemptions 
outlined in Section 232(b). The Administrator should widely 
distribute the annual report to the public and incorporate the 
report's findings into the bill's public education campaign and 
the Agency's enforcement efforts.

Section 4. Asbestos-Related Diseases

    Summary: This section of the bill amends the Public Health 
Service Act by requiring the Centers for Disease Control and 
Prevention (CDC), NIOSH and the Agency for Toxic Substances and 
Disease Registry to establish an asbestos-related disease 
registry, and by requiring the National Institutes of Health 
(NIH) to establish an asbestos-related disease research 
treatment network (``Network'').
    Data collected through the registry will serve as the 
foundation for a research clearinghouse on asbestos-related 
diseases, with a particular emphasis on mesothelioma.
    The ``Network'' will support the detection, prevention, 
treatment, and cure of asbestos-related diseases, with 
particular emphasis on malignant mesothelioma, and must include 
at least 10 extramural centers. The extramural centers, chosen 
by the director of NIH after competitive peer review, can 
include nonprofit hospitals, universities, or medical or 
research institutions. The director is required to provide a 
$1,000,000 for each center in the Network. The Network is 
authorized for four fiscal years (2008-2012).
    This section requires the Secretary of Labor, through the 
United States Army Medical Research and Material Command, to 
support research on mesothelioma and other asbestos-related 
diseases that are relevant to the health of members and 
veterans of the Armed Forces.
    Finally, this section authorizes appropriations in such 
sums as necessary to carry out the research provisions and 
authorizes $10,000,000 for each of the fiscal years 2008-2012 
for the treatment networks.
    Discussion: Asbestos-Related Disease Registry: The 
Committee strongly urges the CDC to use the data of the disease 
registry to enhance studies of occupational respiratory disease 
mortality among workers, to help accurately assess residential 
and other asbestos-related disease risks, and to better 
characterize the magnitude of mesothelioma and other asbestos-
related diseases in the United States.
    Treatment Networks: The Committee encourages the Director 
of NIH to seek collaboration between the National Cancer 
Institute (NCI), particularly the NCI's Cooperative Oncology 
Groups and Community Clinical Oncology Program, and the 
National Institute for Environmental Health Sciences in the 
establishment of an asbestos-related disease research and 
treatment network focused particularly on mesothelioma. This 
collaboration should also extend to investigators directing 
NIOSH's National Virtual Mesothelioma Registry and Tissue Bank. 
The network is an opportunity for mesothelioma medical experts 
to expand treatment options and benefits to patients in a 
clinical setting and for basic scientists including young 
investigators to obtain better understanding of the 
mesothelioma cell and the carcinogenic pathology of asbestos in 
order to develop new, more effective treatments.
    Department of Defense Research: Because of the substantial 
number of veterans who were exposed to asbestos, particularly 
during the Second World War, research attention on the health 
impacts of such asbestos exposure is clearly warranted. These 
military personnel provided the national defense during a 
critical period in our history. Committee expects the Secretary 
to work closely with the Department of Defense, NIH, and NIOSH 
to support research on asbestos-related diseases, particularly 
mesothelioma, including an outline of an aggressive research 
agenda that has ``clear scientific value and direct relevance 
to the health of members and veterans of the Armed Forces.''

             Legislative History, Committee View and Votes

    Senator Murray began her efforts to ban asbestos nearly six 
years ago. She held her first hearing on asbestos in 2001. In 
2002, she introduced the Ban Asbestos in America Act with four 
co-sponsors. With 14 co-sponsors, she re-introduced the bill on 
May 22, 2003. Senator Murray re-introduced the Ban Asbestos in 
America Act of 2007 on March 1, which was received, read twice 
and referred to the Committee on Environment and Public Works.

                                HEARINGS

    On March 2, 2007, the Senate Health, Education, Labor, and 
Pensions Subcommittee on Employment and Workplace Safety held a 
hearing to examine the harmful effects of asbestos exposure.

                             ROLLCALL VOTES

    The Committee on the Environment and Public Works 
unanimously (19-0) passed a substitute amendment bill out of 
Committee on July 31, 2007. With 20 co-sponsors, the bill was 
placed on the Senate Legislative Calendar under general orders 
on August 2, 2007 (No. 321).

                      Regulatory Impact Statement

    The committee finds that a number of different businesses 
may be impacted by this bill, including producers of brake pads 
and linings, roofing materials, and cement that contain banned 
substances. However, existing information demonstrates that 
substitutes with comparable costs are generally available and 
the bill also contains an exemption process for critical uses. 
The economic impact of this bill on the private sector is 
anticipated to be $131 million in 2007. There is no anticipated 
impact on personal privacy.

                          Mandates Assessment

    In compliance with the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4), the committee finds that S. 742 contains 
both intergovernmental and private-sector unfunded mandates, as 
defined in UMRA. The cost of complying with these mandates, 
however, is not expected to exceed the annual thresholds 
established under UMRA.

                          Costs of Legislation

    Section 403 of the Congressional Budget and Impoundments 
Control Act requires a statement of the cost of the reported 
bill, prepared by the Congressional Budget Office, be included 
in the report.

    Dear Madam Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 742, the Ban 
Asbestos in America Act of 2007.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Susanne S. 
Mehlman and Sarah Evans.
            Sincerely,
                                                   Peter R. Orszag.
    Enclosure.

S. 742--Ban Asbestos in America Act of 2007

    Summary: S. 742 would amend the Toxic Substances Control 
Act and the Public Health Service Act to require the 
Environmental Protection Agency (EPA) and agencies within the 
Department of Health and Human Services (HHS) to reduce the 
health risks posed by products containing asbestos. CBO 
estimates that implementing this legislation would cost $112 
million over the 2008-2012 period, assuming appropriation of 
the necessary amounts. Enacting the legislation would not 
affect direct spending or revenues.
    CBO estimates that under the bill, $35 million would be 
spent by EPA over the next five years to establish a public 
education program, issue regulations concerning asbestos use, 
and conduct tests on certain products to determine whether they 
contain asbestos. CBO estimates that $77 million would be spent 
by HHS agencies over the same period to prepare several studies 
related to asbestos and to support an asbestos-related diseases 
registry and a national clearinghouse on asbestos and health 
information.
    S. 742 contains both intergovernmental and private-sector 
mandates, as defined in the Unfunded Mandates Reform Act 
(UMRA), because it would prohibit importing, manufacturing, 
processing, or commercially distributing materials containing 
asbestos. Based on information from EPA and industry sources, 
CBO expects that the direct cost to comply with those mandates 
would not exceed the annual thresholds established in UMRA ($66 
million for intergovernmental mandates and $131 million for 
private-sector mandates in 2007, adjusted annually for 
inflation).
    Estimated costs to the Federal Government: The estimated 
budgetary impact of S. 742 is shown in the following table. The 
costs of this legislation fall within budget functions 300 
(natural resources and environment) and 550 (health).

------------------------------------------------------------------------
                                      By fiscal year, in millions of
                                                 dollars--
                                 ---------------------------------------
                                   2008    2009    2010    2011    2012
------------------------------------------------------------------------
              CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Toxic Substances Control Act
 Amendments:
    National Institute for
     Occupational Safety and
     Health Studies:
        Estimated Authorization        2       3       0       0       0
         Level..................
        Estimated Outlays.......       1       2       2       0       0
    EPA Public Education
     Program:
        Estimated Authorization        2       2       2       2       2
         Level..................
        Estimated Outlays.......       2       2       2       2       2
    EPA Prohibition on Asbestos-
     Containing Materials:
        Estimated Authorization        5       5       5       5       5
         Level..................
        Estimated Outlays.......       5       5       5       5       5
Public Health Service Act
 Amendments:
    HHS Research on Asbestos-
     Related Diseases:
        Estimated Authorization        6       8       7       7       7
         Level..................
        Estimated Outlays.......       2       6       7       7       7
    Asbestos-Related Research
     and Treatment Network:
        Estimated Authorization        0      10      10      10      10
         Level..................
        Estimated Outlays.......       0       3       8      10      10
    Department of Defense
     Research on Asbestos-
     Related Diseases:
        Estimated Authorization        0       4       4       4       4
         Level..................
        Estimated Outlays.......       0       1       3       4       4
Total Changes:
    Estimated Authorization           15      32      28      28      28
     Level......................
    Estimated Outlays...........      10      19      27      28      28
------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that S. 
742 will be enacted near the start of fiscal year 2008, that 
the necessary amounts will be appropriated each year, and that 
outlays will follow historical spending patterns for similar 
programs.

Toxic Substances Control Act amendments

    National Institute for Occupational Safety and Health 
(NIOSH) Studies. Section 222 would authorize the appropriation 
of such sums as necessary for NIOSH to conduct several studies, 
including studies addressing the current state of science 
concerning the health effects and toxicological properties of 
nonabsetiform minerals and elongated mineral particles. Based 
on information from agency staff and the cost of similar 
activities, CBO estimates that NIOSH would need appropriations 
of $2 million in 2008 and $5 million over the 2008-2012 period 
to perform those studies. Assuming appropriation of those 
amounts, CBO estimates that implementing section 222 would cost 
$1 million in 2008 and $5 million over the 2008-2012 period.
    EPA Public Education Program. Section 223 would require EPA 
to establish a program aimed at increasing public awareness of 
the dangers posed by asbestos-containing products in homes and 
workplaces. The program also would encourage those affected by 
asbestos and their families to participate in related research 
and treatment endeavors. The program would begin no later than 
one year following the bill's enactment.
    Currently, EPA oversees a lead poisoning program, which 
involves coordinating with other agencies to run a hotline and 
provide various informational documents to the public. 
According to EPA, the public education program required under 
this legislation would be similar to the lead poisoning 
program, which costs about $2 million annually to operate. 
Thus, CBO estimates that EPA would need $2 million annually to 
oversee and administer this new program.
    Prohibition on Asbestos-Containing Materials. Under section 
232, EPA would establish regulations prohibiting the 
importation, manufacture, processing, or distribution of 
products that contain asbestos. Requests for exemptions, 
including those sought by the Department of Defense and the 
National Aeronautics and Space Administration, would be 
considered by EPA. In addition, following the promulgation of 
regulations concerning asbestos use, EPA would conduct tests on 
certain products to determine whether those products contain 
asbestos. Based on information from EPA, CBO estimates that the 
agency would need $5 million a year for additional personnel, 
contractor support, and information technology support to 
perform those activities.

Public Health Service Act amendments

    The bill would amend the Public Health Service (PHS) Act to 
require several HHS agencies to expand research and treatment 
activities related to conditions caused by exposure to 
asbestos. In particular, the bill would direct the National 
Institutes of Health (NIH), the Centers for Disease Control and 
Prevention (CDC), and the Agency for Toxic Substances and 
Disease Registry (ATSDR) to establish a registry to coordinate 
the collection from multiple sources of data and specimens 
related to asbestos.
    The bill also would modify title IV of the PHS Act to 
direct NIH to expand or initiate several programs to support 
research on and treatment of asbestos-related conditions. 
Current law authorizes the appropriation of a specific amount--
$32.8 billion--for 2008 for activities under title IV of the 
PHS Act. Thus, legislation authorizing the appropriation for 
2008 of funding for specific activities under title IV of the 
PHS Act would not change the overall authorization of 
appropriations for activities in that year, and would have no 
cost. Legislation authorizing the appropriation of specific 
amounts for activities under title IV for 2009 and subsequent 
years would affect estimated spending. (Current law authorizes 
the appropriation of such sums as are necessary for 2009, but 
there is no authorization of appropriations for activities 
under title IV after 2009.)
    HHS Research on Asbestos-Related Diseases. S. 742 would 
require NIH, CDC, and ATSDR to establish a registry to support 
research related to asbestos. CBO compared the activities that 
would be required under the bill to those performed by the 
National Cancer Institute's (NCI's) Surveillance, Epidemiology, 
and End Results (SEER) program, which the NCI projects will 
cost $32 million in 2007. CBO expects that the registry 
required by S. 742 would be smaller in scale than the SEER 
registry (primarily because asbestos-related diseases are less 
common than cancer), and would require the appropriation of $6 
million for 2008 and $35 million over the 2008-2012 period. 
Assuming the appropriation of those amounts, CBO estimates that 
establishing the registry would cost $2 million in 2008 and $29 
million over the 2008-2012 period.
    Asbestos-Related Disease Research and Treatment Network. 
The NIH currently supports several investigator-initiated 
research activities focused on asbestos and mesothelioma. In 
fiscal year 2006, the institutes that supported the most 
activities in these research areas--the National Cancer 
Institute and the National Institute for Environmental Health 
Sciences--spent $12 million on projects related to asbestos or 
mesothelioma.
    S. 742 would authorize the appropriation of $10 million a 
year for fiscal years 2008 through 2012 for the NIH to 
establish and maintain asbestos-related disease research and 
treatment centers. Based on historical spending patterns for 
similar activities, and assuming appropriation of the 
authorized amounts, CBO estimates those activities would cost 
$31 million over the 2009-2012 period.
    Department of Defense Research on Asbestos-Related 
Diseases. S. 742 would modify title IV of the PHS Act to 
authorize the appropriation of such sums as necessary for 2008 
and subsequent fiscal years for the Secretary of HHS to support 
research on mesothelioma and other asbestos-related diseases 
that may affect the health of members and veterans of the armed 
forces. CBO estimates that implementing that provision would 
have no cost in 2008 (because the bill would not affect total 
funding for activities under title IV of the PHS Act) and would 
cost $12 million over the 2009-2012 period.
    Intergovernmental and private-sector impact: S. 742 
contains both intergovernmental and private-sector mandates, as 
defined in UMRA, because it would prohibit importing, 
manufacturing, processing, or commercially distributing 
materials that contain asbestos. In addition, within two years 
of enactment, the bill would require the disposal of prohibited 
products left unsold or not otherwise in the possession of an 
end user. Many products used in the United States contain 
asbestos, including brake pads and linings, roofing materials, 
ceiling tiles, and cement. While there is limited information 
about the amount of such products imported or used commercially 
in the United States, according to EPA and industry sources, 
substitutes with comparable cost are generally available to 
replace those products that contain asbestos. Therefore, CBO 
expects that the costs to comply with the mandates would not 
exceed the annual thresholds established in UMRA ($66 million 
for intergovernmental mandates and $131 million for private-
sector mandates in 2007, adjusted annually for inflation).
    In addition, S. 742 would create a $10 million grant 
program to assist nonprofit hospitals, universities, and 
research institutions in conducting research and providing 
treatment for asbestos-related diseases. Any costs those 
entities might incur, including matching funds, would be 
incurred voluntarily.
    Estimate prepared by: Federal Costs: Susanne S. Mehlman for 
EPA; Sarah Evans and Tim Gronniger for HHS; Impact on State, 
Local, and Tribal Governments: Neil Hood; Impact on the Private 
Sector: Paige Piper/Bach.
    Estimate approved by: Peter H. Fontaine, Assistant Director 
for Budget Analysis.

                        Changes in Existing Law

    In compliance with section 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill 
as reported are shown as follows: Existing law proposed to be 
omitted is enclosed in [black brackets], new matter is printed 
in italic, existing law in which no change is proposed is shown 
in roman:

           *       *       *       *       *       *       *

                              ----------                              


TOXIC SUBSTANCES CONTROL ACT

           *       *       *       *       *       *       *


SEC. 1

                            TABLE OF CONTENTS

                  TITLE I--CONTROL OF TOXIC SUBSTANCES

Sec. 1. Short title and table of contents.
Sec. 2. * * *
      * * * * * * *

              TITLE II--ASBESTOS HAZARD EMERGENCY RESPONSE

                     Subtitle A--General Provisions

Sec. 201. Congressional findings and purpose.
Sec. 216. Training grants.

                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.

                    TITLE III--INDOOR RADON ABATEMENT

Sec. 301. National goal.
Sec. 302. * * *
      * * * * * * *

                    TITLE IV--LEAD EXPOSURE REDUCTION

Sec. 401. * * *
      * * * * * * *
Sec. 412. Authorization of appropriations.

SEC. 2. FINDINGS, POLICY, AND INTENT.

      (a) Findings.--The Congress finds that--* * *

           *       *       *       *       *       *       *


                     Subtitle A--General Provisions

SEC. 201. CONGRESSIONAL FINDINGS AND PURPOSE.

      (a) Findings.--* * *

           *       *       *       *       *       *       *


SEC. 202. DEFINITIONS.

      For purposes of this title--
          (1) Accredited asbestos contractor.--The term 
        ``accredited asbestos contractor'' means a person 
        accredited pursuant to the provisions of section 206.
          (2) Administrator.--The term ``Administrator'' means 
        the Administrator of the Environmental Protection 
        Agency.
          (3) Asbestos.--The term ``asbestos'' means 
        asbestiform varieties of--
                  (A) chrysotile (serpentine)[,];
                  (B) crocidolite (riebeckite)[,];
                  (C) amosite (cummingtonite-grunerite)[,];
                  (D) anthophyllite[,];
                  (E) tremolite[, or];
                  (F) actinolite[.];
                  (G) any material formerly classified as 
                tremolite, including--
                          (i) winchite asbestos; and
                          (ii) richterite asbestos; and
                  (H) any asbestiform amphibole mineral

                Subtitle B--Asbestos-Containing Products

SEC. 221. DEFINITIONS.

  In this subtitle:
          (1) Appropriate federal entity.--The term 
        ``appropriate Federal entity'' means any appropriate 
        Federal entity, as determined by the Director, 
        including--
                  (A) the Agency for Toxic Substances and 
                Disease Registry;
                  (B) the Department of Health and Human 
                Services;
                  (C) the Environmental Protection Agency;
                  (D) the Mine Safety and Health 
                Administration;
                  (E) the National Institute of Standards and 
                Technology;
                  (F) the United States Geological Survey;
                  (G) the National Institute of Environmental 
                Health Sciences;
                  (H) the National Institute for Occupational 
                Safety and Health; and
                  (I) the Occupational Health and Safety 
                Administration.
          (2) Asbestos-containing product.--The term 
        ``asbestos-containing product'' means any product 
        (including any part) to which asbestos is deliberately 
        or knowingly added or in which asbestos is deliberately 
        used or knowingly present in any concentration.
          (3) Elongated mineral particle.--The term ``elongated 
        mineral particle'' means a single crystal or similarly 
        elongated polycrystalline aggregate particle with a 
        length to width ratio of 3 to 1 or greater.
          (4) Biopersistent elongated mineral particle.--The 
        term ``biopersistent elongated mineral particle'' means 
        an elongated mineral particle that--
                  (A) occurs naturally in the environment; and
                  (B) is similar to asbestos in--
                          (i) resistance to dissolution;
                          (ii) leaching; and
                          (iii) other physical, chemical, or 
                        biological processes expected from 
                        contact with lung cells and other cells 
                        and fluids in the human body.
          (5) Director.--The term ``Director'' means the 
        Director of the National Institute for Occupational 
        Safety and Health.
          (6) Person.--The term ``person'' means--
                  (A) any individual;
                  (B) any corporation, company, association, 
                firm, partnership, joint venture, sole 
                proprietorship, or other for-profit or 
                nonprofit business entity (including any 
                manufacturer, importer, distributor, or 
                processor);
                  (C) any Federal, State, or local department, 
                agency, or instrumentality; and
                  (D) any interstate body.

SEC. 222. NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH 
                    STUDIES.

  (a) Studies.--
          (1) Current state of science study.--
                  (A) In general.--The Director, in 
                consultation with the United States Geological 
                Survey, the Environmental Protection Agency, 
                the National Academy of Sciences, and 
                appropriate Federal entities, shall conduct a 
                study and, not later than 1 year after the date 
                of enactment of this subtitle, submit to the 
                Administrator, the Committees on Environment 
                and Public Works and Health, Education, Labor, 
                and Pensions of the Senate, the Committees on 
                Energy and Commerce and Education and Labor of 
                the House of Representatives, and other Federal 
                agencies a report containing--
                          (i) a description of the current 
                        state of the science relating to--
                                  (I) the disease mechanisms 
                                and health effects of exposure 
                                to non-asbestiform minerals and 
                                elongated mineral particles; 
                                and
                                  (II) methods for measuring 
                                and analyzing non-asbestiform 
                                minerals and elongated mineral 
                                particles; and
                          (ii) recommendations for--
                                  (I) future research relating 
                                to diseases caused by exposure 
                                to--
                                          (aa) non-asbestiform 
                                        minerals; and
                                          (bb) elongated 
                                        mineral particles;
                                  (II) exposure assessment 
                                practice needs;
                                  (III) any new classification 
                                of naturally occurring 
                                elongated mineral particles; 
                                and
                                  (IV) 1 or more definitions 
                                and dimensions to be used for 
                                the quantification and risk 
                                assessment of--
                                          (aa) non-asbestiform 
                                        minerals; and
                                          (bb) elongated 
                                        mineral particles.
                  (B) Components.--The report described in 
                subparagraph (A) shall include--
                          (i) peer-reviewed published 
                        literature;
                          (ii) regulatory decisions; and
                          (iii) information obtained from the 
                        National Institute for Occupational 
                        Safety Asbestos Research Roadmap.
          (2) Mode of action and health effects study.--
                  (A) In general.--The Director, in 
                consultation with the Environmental Protection 
                Agency, the National Academy of Sciences, and 
                appropriate Federal entities, shall conduct a 
                study--
                          (i) to evaluate the known or 
                        potential mode of action and health 
                        effects of--
                                  (I) non-asbestiform minerals; 
                                and
                                  (II) elongated mineral 
                                particles; and
                          (ii) to develop recommendations for a 
                        means by which to identify, 
                        distinguish, and measure any non-
                        asbestiform mineral or elongated 
                        mineral particle that--
                                  (I) may cause any disease or 
                                health effect; or
                                  (II) does not cause any 
                                disease or health effect.
                  (B) Report.--Not later than 18 months after 
                the date of enactment of this subtitle, the 
                Director shall submit to the Committees on 
                Environment and Public Works and Health, 
                Education, Labor, and Pensions of the Senate, 
                and the Committees on Energy and Commerce and 
                Education and Labor of the House of 
                Representatives, a report containing--
                          (i) a description of the manner by 
                        which non-asbestiform minerals and 
                        elongated mineral particles possess the 
                        ability to remain biopersistent in the 
                        human body, with regard to the ability 
                        of non-asbestiform minerals and 
                        elongated mineral particles--
                                  (I) to exhibit resistence to 
                                dissolution and leaching; and
                                  (II) to induce other 
                                physical, chemical, and 
                                biological processes as a 
                                result of contact with--
                                          (aa) lung cells; and
                                          (bb) other cells and 
                                        fluids in the human 
                                        body connected to a 
                                        disease;
                          (ii) a description of the means by 
                        which to identify, distinguish, and 
                        measure any non-asbestiform mineral or 
                        elongated mineral particle that--
                                  (I) may cause any disease or 
                                health effect, as determined by 
                                the Director, including--
                                          (aa) mesothelioma;
                                          (bb) any other form 
                                        of cancer; and
                                          (cc) any other non-
                                        cancer form of disease; 
                                        and
                                  (II) does not cause any 
                                disease or health effect; and
                          (iii) recommendations for such 
                        controls as the Director determines to 
                        be appropriate to protect human health.
          (3) Authorization of appropriations.--There are 
        authorized to be appropriated such sums as are 
        necessary to carry out this subsection.
  (b) Methodology Study.--
          (1) In general.--On the date on which the Director 
        submits the report described in subsection (a)(2)(B), 
        the Director shall initiate a study--
                  (A) to develop improved sampling and 
                analytical methods for non-asbestiform minerals 
                and elongated mineral particles; and
                  (B) to clarify the mechanism of action.
          (2) Authorization of appropriations.--There are 
        authorized to be appropriated such sums as are 
        necessary to carry out this subsection.

SEC. 223. PUBLIC EDUCATION PROGRAM.

  (a) In General.--Not later than 1 year after the date of 
enactment of this subtitle, the Administrator, in consultation 
with the Chairman of the Consumer Product Safety Commission, 
the Director of the Centers for Disease Control and Prevention, 
and the Secretary of Labor, shall establish a plan--
          (1) to increase awareness of the dangers posed by--
                  (A) products having asbestos-containing 
                materials in homes and workplaces; and
                  (B) asbestos-related diseases;
          (2) to provide current and comprehensive information 
        to asbestos-related disease patients, family members of 
        patients, and front-line health care providers on--
                  (A) the dangers of asbestos exposure;
                  (B) asbestos-related labeling information;
                  (C) health effects of exposure to asbestos;
                  (D) symptoms of asbestos exposure; and
                  (E) available and developing treatments for 
                asbestos-related diseases, including clinical 
                trials;
          (3) to encourage asbestos-related disease patients, 
        family members of patients, and front-line health care 
        providers to participate in research and treatment 
        endeavors relating to asbestos; and
          (4) to encourage health care providers and 
        researchers to provide to asbestos-related disease 
        patients and family members of patients information 
        relating to research, diagnostic, and clinical 
        treatments relating to asbestos.
  (b) Greatest Risks.--In establishing the program, the 
Administrator shall give priority to products that have 
asbestos-containing materials and are used by consumers and 
workers that pose the greatest risk of injury to human health.
  (c) Authorization of Appropriations.--There are authorized to 
be appropriated such sums as are necessary to carry out this 
section.

        Subtitle C--Prohibition on Asbestos-Containing Materials

SEC. 231. DEFINITION OF DISTRIBUTE IN COMMERCE.

  In this subtitle:
          (1) In general.--The term ``distribute in commerce'' 
        has the meaning given the term in section 3.
          (2) Exclusions.--The term ``distribute in commerce'' 
        does not include--
                  (A) the possession of an asbestos-containing 
                material by a person that is an end user; or
                  (B) the possession of an asbestos-containing 
                material by a person solely for the purpose of 
                disposal of the asbestos-containing material in 
                compliance with applicable Federal, State, and 
                local requirements.

SEC. 232. PROHIBITION ON ASBESTOS-CONTAINING MATERIALS.

  (a) In General.--Subject to subsection (b), the Administrator 
shall promulgate--
          (1) not later than 1 year after the date of enactment 
        of this subtitle, proposed regulations that--
                  (A) prohibit persons from importing, 
                manufacturing, processing, or distributing in 
                commerce asbestos-containing materials; and
                  (B) provide for implementation of subsections 
                (b) and (c); and
          (2) not later than 2 years after the date of 
        enactment of this subtitle, final regulations that, 
        effective beginning 60 days after the date of 
        promulgation, prohibit persons from importing, 
        manufacturing, processing, or distributing in commerce 
        asbestos-containing materials.
  (b) Exemptions.--
          (1) In general.--Any person may petition the 
        Administrator for, and the Administrator may grant, an 
        exemption from the requirements of subsection (a) if 
        the Administrator determines that--
                  (A) the exemption would not result in an 
                unreasonable risk of injury to health or the 
                environment; and
                  (B) the person has made good faith efforts to 
                develop, but has been unable to develop, a 
                substance, or identify a mineral, that--
                          (i) does not present an unreasonable 
                        risk of injury to health or the 
                        environment; and
                          (ii) may be substituted for an 
                        asbestos-containing material.
          (2) Terms and conditions.--An exemption granted under 
        this subsection shall be in effect for such period (not 
        to exceed a total of 3 years) and subject to such terms 
        and conditions as the Administrator may prescribe.
          (3) Governmental use.--
                  (A) In general.--The Administrator shall 
                provide an exemption from the requirements of 
                subsection (a), without review or limit on 
                duration, if the exemption for asbestos-
                containing material is--
                          (i) sought by the Secretary of 
                        Defense and the Secretary certifies, 
                        and provides a copy of that 
                        certification to the Administrator and 
                        Congress, that--
                                  (I) use of the asbestos 
                                containing material is 
                                necessary to the critical 
                                functions of the Department;
                                  (II) no reasonable 
                                alternatives to the asbestos 
                                containing material exist for 
                                the intended purpose; and
                                  (III) use of the asbestos 
                                containing material will not 
                                result in an unreasonable risk 
                                to health or the environment; 
                                or
                          (ii) sought by the Administrator of 
                        the National Aeronautics and Space 
                        Administration and the Administrator of 
                        the National Aeronautics and Space 
                        Administration certifies, and provides 
                        a copy of that certification to 
                        Congress, that--
                                  (I) the asbestos-containing 
                                material is necessary to the 
                                critical functions of the 
                                National Aeronautics and Space 
                                Administration;
                                  (II) no reasonable 
                                alternatives to the asbestos-
                                containing material exist for 
                                the intended purpose; and
                                  (III) the use of the 
                                asbestos-containing material 
                                will not result in an 
                                unreasonable risk to health or 
                                the environment.
                  (B) Administrative procedure act.--Any 
                exemption provided by the Administrator under 
                subparagraph (A), and any certification made by 
                the Secretary of Defense under subparagraph 
                (A)(i) shall not be subject to the provisions 
                of subchapter II of chapter 5, and chapter 7, 
                of title 5, United States Code (commonly known 
                as the ``Administrative Procedure Act'').
          (4) Diaphragms for existing electrolysis 
        installations.--
                  (A) In general.--The requirements of 
                subsection (a) shall not apply to any diaphragm 
                electrolysis installation in existence as of 
                the date of enactment of this subtitle.
                  (B) Review.--
                          (i) In general.--Not later than 3 
                        years after the date of enactment of 
                        this subtitle, and every 6 years 
                        thereafter, the Administrator shall 
                        review the exemption provided under 
                        subparagraph (A) to determine the 
                        appropriateness of the exemption.
                          (ii) Scope.--In conducting the review 
                        of the exemption provided under 
                        subparagraph (A), the Administrator 
                        shall examine the risk of injury to an 
                        individual relating to the operation by 
                        the individual of each diaphragm 
                        electrolysis installation described in 
                        subparagraph (A).
                          (iii) Public participation.--In 
                        conducting the review of the exemption 
                        provided under subparagraph (A), the 
                        Administrator shall provide public 
                        notice and a 30-day period of public 
                        comment.
                  (C) Decision relating to extension of 
                exemption.--Upon completion of a review of a 
                diaphragm electrolysis installation under 
                subparagraph (B)(i), if the Administrator 
                determines that the diaphragm electrolysis 
                installation poses an unreasonable risk of 
                injury to health or the environment, the 
                Administrator may terminate the exemption 
                provided to the diaphragm electrolysis 
                installation under subparagraph (A).
  (c) Disposal.--
          (1) In general.--Except as provided in paragraph (2), 
        not later than 2 years after the date of enactment of 
        this subtitle, each person that possesses asbestos-
        containing material that is subject to the prohibition 
        established under this section shall dispose of the 
        asbestos-containing material, by a means that is in 
        compliance with applicable Federal, State, and local 
        requirements.
          (2) Exemption.--Nothing in paragraph (1)--
                  (A) applies to asbestos-containing material 
                that--
                          (i) is no longer in the stream of 
                        commerce; or
                          (ii) is in the possession of an end 
                        user; or
                  (B) requires that asbestos-containing 
                material described in subparagraph (A) be 
                removed or replaced.
  (d) Compliance Testing.--
          (1) In general.--Subject to paragraph (2), and in 
        accordance with paragraph (3), not later than 1 year 
        after the date on which the Administrator promulgates 
        the regulations under subsection (a), and annually 
        thereafter, to ensure compliance with those 
        regulations, the Administrator shall carry out tests on 
        an appropriate quantity of products, as determined by 
        the Administrator, to determine if the products have 
        asbestos-containing material.
          (2) Exempted products.--In carrying out the 
        compliance testing under paragraph (1), the 
        Administrator shall not carry out any test on any 
        product that contains any material that is the subject 
        of an exemption described in subsection (b).
          (3) Appropriate test methodologies.--In carrying out 
        the compliance testing under paragraph (1), the 
        Administrator shall use the appropriate test 
        methodology for each product that is the subject of the 
        compliance testing.
          (4) Annual report.--
                  (A) In general.--Upon completion of each 
                annual testing period described in paragraph 
                (1), the Administrator shall prepare a report 
                for the annual testing period covered by the 
                report, describing those products that have 
                asbestos-containing material.
                  (B) Public availability.--Not later than 90 
                days after the date of completion of each 
                annual testing period described in paragraph 
                (1), the Administrator shall make the report 
                for the annual testing period covered by the 
                report available to the public.

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PUBLIC HEALTH SERVICE ACT

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                 TITLE IV--NATIONAL RESEARCH INSTITUTES

                 Part A--National Institutes of Health

SEC. 401. ORGANIZATION OF NATIONAL INSTITUTES OF HEALTH.

  (a) Relation to Public Health Service.--* * *

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   Part B--General Provisions Respecting National Research Institutes

  APPOINTMENT AND AUTHORITY OF THE DIRECTORS OF THE NATIONAL RESEARCH 
                               INSTITUTES

  Sec. 405.(a)* * *

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SEC. 410

  Part C--Specific Provisions Respecting National Research Institutes

                  Subpart 1--National Cancer Institute

                          PURPOSE OF INSTITUTE

  Sec. 410. The general purpose of the National Cancer 
Institute (hereafter in this subpart referred to as the 
``Institute'') is the conduct and support of research, 
training, health information dissemination, and other programs 
with respect to the cause, diagnosis, prevention, and treatment 
of cancer, rehabilitation from cancer, and the continuing care 
of cancer patients and the families of cancer patients.

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SEC. 417D. RESEARCH, INFORMATION, AND EDUCATION WITH RESPECT TO BLOOD 
                    CANCER

  (a) Joe Moakley Research Excellence Program.--
          (1) In general.--* * *

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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.''.

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