[Senate Report 110-189]
[From the U.S. Government Publishing Office]
Calendar No. 321
110th Congress Report
SENATE
1st Session 110-189
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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.
* * * * * * *
----------
PUBLIC HEALTH SERVICE ACT
* * * * * * *
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.--* * *
* * * * * * *
Part B--General Provisions Respecting National Research Institutes
APPOINTMENT AND AUTHORITY OF THE DIRECTORS OF THE NATIONAL RESEARCH
INSTITUTES
Sec. 405.(a)* * *
* * * * * * *
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.
* * * * * * *
SEC. 417D. RESEARCH, INFORMATION, AND EDUCATION WITH RESPECT TO BLOOD
CANCER
(a) Joe Moakley Research Excellence Program.--
(1) In general.--* * *
* * * * * * *
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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