Ban Asbestos in America Act of 2003

        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2277 Introduced in House (IH)]

108th CONGRESS
1st Session
H. R. 2277

To amend the Toxic Substances Control Act to reduce the health risks
posed by asbestos-containing products.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

May 22, 2003

Mr. Waxman (for himself and Ms. Schakowsky) introduced the following
bill; which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

A BILL

To amend the Toxic Substances Control Act to reduce the health risks
posed by asbestos-containing products.

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
2003''.

SEC. 2. FINDINGS.

Congress finds that--
(1) the Administrator of the Environmental Protection
Agency has classified asbestos as a category A human
carcinogen, the highest cancer hazard classification for a
substance;
(2) there is no known safe level of exposure to asbestos;
(3)(A) in hearings before Congress in the early 1970s, the
example of asbestos was used to justify the need for
comprehensive legislation on toxic substances; and
(B) in 1976, Congress passed the Toxic Substances Control
Act (15 U.S.C. 2601 et seq.);
(4) in 1989, the Administrator 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;
(5) in 1991, the United States Court of Appeals for the 5th
Circuit overturned portions of the regulations, and the
Government did not appeal the decision to the Supreme Court;
(6) as a result, while new applications for asbestos were
banned, asbestos is still being used in some consumer and
industrial products in the United States;
(7) the United States Geological Survey has determined that
in 2000, companies in the United States consumed 15,000 metric
tons of chrysotile asbestos, of which approximately 62 percent
was consumed in roofing products, 22 percent in gaskets, 12
percent in friction products, and 4 percent in other products;
(8) available evidence suggests that--
(A) imports of some types of asbestos-containing
products may be increasing; and
(B) some of those products are imported from
foreign countries in which asbestos is poorly
regulated;
(9) 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;
(10) the Department of Commerce estimates that in 2000, the
United States imported 51,483 metric tons of asbestos-cement
products;
(11) 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
added to new construction and manufacturing materials used in
this country;
(12) asbestos has been banned in Argentina, Australia,
Austria, Belgium, Chile, Croatia, the Czech Republic, Denmark,
Finland, France, Germany, Iceland, Ireland, Italy, Latvia,
Luxembourg, the Netherlands, Norway, Poland, Saudi Arabia, the
Slovak Republic, Spain, Sweden, Switzerland, and the United
Kingdom;
(13) asbestos will be banned throughout the European Union
in 2005;
(14) in 2000, the World Trade Organization upheld the right
of France to ban asbestos, with the United States Trade
Representative filing a brief in support of the right of France
to ban asbestos;
(15) the 1999 brief by the United States Trade
Representative stated, ``In the view of the United States,
chrysotile asbestos is a toxic material that presents a serious
risk to human health.'';
(16) people in the United States have been exposed to
harmful levels of asbestos as a contaminant of other minerals;
(17) in the town of Libby, Montana, workers and residents
have been exposed to dangerous levels of asbestos for
generations because of mining operations at the W.R. Grace
vermiculite mine located in that town;
(18) the Agency for Toxic Substances and Disease Registry
found that over a 20-year period, ``mortality in Libby
resulting from asbestosis was approximately 40 to 80 times
higher than expected. Mesothelioma mortality was also
elevated.'';
(19)(A) in response to this crisis, in January 2002, the
Governor of Montana requested that the Administrator of the
Environmental Protection Agency designate Libby as a Superfund
site; and
(B) on October 23, 2002, the Administrator placed Libby on
the National Priorities List;
(20)(A) vermiculite from Libby was shipped for processing
to 42 States; and
(B) Federal agencies are investigating potential harmful
exposures to asbestos-contaminated vermiculite at sites
throughout the United States;
(21) the Administrator has identified 14 sites that have
dangerous levels of asbestos-tainted vermiculite and require
cleanup efforts; and
(22) although it is impracticable to eliminate exposure to
asbestos entirely because asbestos is a naturally occurring
mineral in the environment and occurs in several deposits
throughout the United States, Congress needs to do more to
protect the public from exposure to asbestos and Congress has
the power to prohibit the continued, intentional use of
asbestos in consumer products.

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'';

and
(2) by adding at the end the following:

``Subtitle B--Asbestos-Containing Products

``SEC. 221. DEFINITIONS.

``In this subtitle:
``(1) 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 or knowingly used in any
concentration.
``(2) Contaminant-asbestos product.--The term `contaminant-
asbestos product' means any product that contains asbestos as a
contaminant of any mineral or other substance, in any
concentration.
``(3) Distribute in commerce.--
``(A) In general.--The term `distribute in
commerce' has the meaning given the term in section 3.
``(B) Exclusions.--The term `distribute in
commerce' does not include--
``(i) an action taken with respect to an
asbestos-containing product in connection with
the end use of the asbestos-containing product
by a person that is an end user; or
``(ii) distribution of an asbestos-
containing product by a person solely for the
purpose of disposal of the asbestos-containing
product in compliance with applicable Federal,
State, and local requirements.
``(4) Durable fiber.--
``(A) In general.--The term `durable fiber' means a
silicate fiber that--
``(i) occurs naturally in the environment;
and
``(ii) 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.
``(B) Inclusions.--The term `durable fiber'
includes--
``(i) richterite;
``(ii) winchite;
``(iii) erionite; and
``(iv) nonasbestiform varieties of
crocidolite, amosite, anthophyllite, tremolite,
and actinolite.
``(5) Fiber.--The term `fiber' means an acicular single
crystal or similarly elongated polycrystalline aggregate
particle with a length to width ratio of 3 to 1 or greater.
``(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 ACADEMY OF SCIENCES STUDY.

``The Administrator shall enter into a contract with the National
Academy of Sciences to study and, not later than 18 months after the
date of enactment of this subtitle, provide the Administrator, and
other Federal agencies, as appropriate--
``(1) a description of the current state of the science
relating to the human health effects of exposure to asbestos
and other durable fibers; and
``(2) recommendations for the establishment of--
``(A) a uniform system for the establishment of
asbestos exposure standards for workers, school
children, and other populations; and
``(B) a uniform system for the establishment of
protocols for detecting and measuring asbestos.

``SEC. 223. ASBESTOS POLICIES PANEL.

``(a) Panel.--
``(1) In general.--The Administrator shall establish an
Asbestos Policies Panel (referred to in this section as the
`panel') to study asbestos and other durable fibers.
``(2) Membership.--The panel shall be comprised of
representatives of--
``(A) the Secretary of Labor;
``(B) the Secretary of Health and Human Services;
and
``(C) the Chairman of the Consumer Product Safety
Commission;
``(D) nongovernmental environmental, public health,
and consumer organizations;
``(E) industry;
``(F) school officials;
``(G) public health officials;
``(H) labor organizations; and
``(I) the public.
``(b) Duties.--The panel shall--
``(1) provide independent advice and counsel to the
Administrator and other Federal agencies on policy issues
associated with the use and management of asbestos and other
durable fibers; and
``(2) study and, not later than 2 years after the date of
enactment of this subtitle, provide the Administrator, other
Federal agencies, and Congress recommendations concerning--
``(A) implementation of subtitle A;
``(B) grant programs under subtitle A;
``(C) revisions to the national emissions standards
for hazardous air pollutants promulgated under the
Clean Air Act (42 U.S.C. 7401 et seq.);
``(D) legislative and regulatory options for
improving consumer and worker protections against
harmful health effects of exposure to asbestos and
durable fibers;
``(E) whether the definition of asbestos-containing
material, meaning any material that contains more than
1 percent asbestos by weight, should be modified
throughout the Code of Federal Regulations;
``(F) the feasibility of establishing a durable
fibers testing program;
``(G) options to improve protections against
exposure to asbestos from asbestos-containing products
and contaminant-asbestos products in buildings;
``(H) current research on and technologies for
disposal of asbestos-containing products and
contaminant-asbestos products; and
``(I) at the option of the panel, the effects on
human health that may result from exposure to ceramic,
carbon, and other manmade fibers.

``SEC. 224. STUDY OF ASBESTOS-CONTAINING PRODUCTS AND CONTAMINANT-
ASBESTOS PRODUCTS.

``(a) In General.--In consultation with the Secretary of Labor, the
Chairman of the International Trade Commission, the Chairman of the
Consumer Product Safety Commission, and the Assistant Secretary for
Occupational Safety and Health, the Administrator shall conduct a study
on the status of the manufacture, processing, distribution in commerce,
ownership, importation, and disposal of asbestos-containing products
and contaminant-asbestos products in the United States.
``(b) Issues.--In conducting the study, the Administrator shall
examine--
``(1) how consumers, workers, and businesses use asbestos-
containing products and contaminant-asbestos products that are
entering commerce as of the date of enactment of this subtitle;
and
``(2) the extent to which consumers and workers are being
exposed to unhealthful levels of asbestos through exposure to
products described in paragraph (1).
``(c) Report.--Not later than 18 months after the date of enactment
of this subtitle, the Administrator shall submit to the Committee on
Energy and Commerce of the House of Representatives and the Committee
on Environment and Public Works of the Senate a report on the results
of the study.

``SEC. 225. PROHIBITION ON ASBESTOS-CONTAINING PRODUCTS.

``(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 manufacturing,
processing, or distributing in commerce asbestos-
containing products; 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 60 days after
the date of promulgation, prohibit persons from manufacturing,
processing, or distributing in commerce asbestos-containing
products and provide for implementation of subsections (b) and
(c).
``(b) Exemptions.--
``(1) In general.--Any person may petition the
Administrator for an exemption from the requirements of
subsection (a), and the Administrator may grant such an
exemption if the Administrator determines that--
``(A) the exemption would not result in an
unreasonable risk of injury to public 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 public health or the environment;
and
``(ii) may be substituted for an asbestos-
containing product.
``(2) Terms and conditions.--An exemption granted under
this subsection shall be in effect for such period (not to
exceed 1 year) and subject to such terms and conditions as the
Administrator may prescribe.
``(c) Disposal.--
``(1) In general.--Except as provided in paragraph (2), not
later than 3 years after the date of enactment of this
subtitle, each person that possesses an asbestos-containing
product that is subject to the prohibition established under
this section shall dispose of the asbestos-containing product,
by a means that is in compliance with applicable Federal,
State, and local requirements.
``(2) Exemption.--Nothing in paragraph (1)--
``(A) applies to an asbestos-containing product
that--
``(i) is no longer in the stream of
commerce; or
``(ii) is in the possession of an end user;
or
``(B) requires that an asbestos-containing product
described in subparagraph (A) be removed or replaced.

``SEC. 226. PUBLIC EDUCATION PROGRAM.

``(a) In General.--Not later than 2 years after the date of
enactment of this subtitle, and subject to subsection (c), in
consultation with the Chairman of the Consumer Product Safety
Commission and the Secretary of Labor, the Administrator shall
establish a program to increase awareness of the dangers posed by
asbestos-containing products and contaminant-asbestos products in homes
and workplaces.
``(b) Greatest Risks.--In establishing the program, the
Administrator shall--
``(1) base the program on the results of the study
conducted under section 224;
``(2) give priority to asbestos-containing products and
contaminant-asbestos products used by consumers and workers
that pose the greatest risk of injury to human health; and
``(3) at the option of the Administrator on receipt of a
recommendation from the Asbestos Policies Panel, include in the
program the conduct of projects and activities to increase
public awareness of the effects on human health that may result
from exposure to--
``(A) durable fibers; and
``(B) ceramic, carbon, and other manmade fibers.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.''.
(b) Vermiculite Insulation.--Not later than 180 days after the date
of enactment of this Act, the Administrator of the Environmental
Protection Agency and the Consumer Product Safety Commission shall
begin a national campaign to educate consumers concerning--
(1) the dangers of vermiculite insulation that may be
contaminated with asbestos; and
(2) measures that homeowners and business owners can take
to protect against those dangers.

SEC. 4. ASBESTOS-CAUSED 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. 417D. RESEARCH ON ASBESTOS-CAUSED 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--
``(1) through the Director of NIH and the Director of the
CDC (Centers for Disease Control and Prevention); and
``(2) in collaboration with the Administrator of the Agency
for Toxic Substances and Disease Registry and the head of any
other agency that the Secretary determines to be appropriate.
``(c) Mesothelioma Registry.--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 data from State cancer
registries and other cancer registries, which shall form the basis for
establishing a Mesothelioma Registry.
``(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 2004 and each fiscal year
thereafter.

``SEC. 417E. MESOTHELIOMA RESEARCH AND TREATMENT CENTERS.

``(a) In General.--The Director of NIH shall provide $1,000,000 for
each of fiscal years 2004 through 2008 for each of up to 10
mesothelioma disease research and treatment centers.
``(b) Requirements.--The Centers shall--
``(1) be chosen through competitive peer review;
``(2) be geographically distributed throughout the United
States with special consideration given to areas of high
incidence of mesothelioma disease;
``(3) be closely associated with Department of Veterans
Affairs medical centers to provide research benefits and care
to veterans, who have suffered excessively from mesothelioma;
``(4) be engaged in research to provide mechanisms for
detection and prevention of mesothelioma, particularly in the
areas of pain management and cures;
``(5) be engaged in public education about mesothelioma and
prevention, screening, and treatment;
``(6) be participants in the National Mesothelioma
Registry;
``(7) be coordinated in their research and treatment
efforts with other Centers and institutions involved in
exemplary mesothelioma research; and
``(8) be focused on research and treatments for
mesothelioma that have historically been underfunded.
``(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2004 through 2008.''.

SEC. 5. CONFORMING AMENDMENTS.

The table of contents in section 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 Academy of Sciences Study.
``Sec. 223. Asbestos Policies Panel.
``Sec. 224. Study of asbestos-containing products and
contaminant-asbestos products.
``Sec. 225. Prohibition on asbestos-containing products.
``Sec. 226. Public education program.''.
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