[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 742 Reported in Senate (RS)]
Calendar No. 321
110th CONGRESS
1st Session
S. 742
To amend the Toxic Substances Control Act to reduce the health risks
posed by asbestos-containing products, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 1, 2007
Mrs. Murray (for herself, Mrs. Boxer, Mr. Baucus, Mr. Brown, Mrs.
Clinton, Mr. Durbin, Mr. Feingold, Mrs. Feinstein, Mr. Harkin, Mr.
Kennedy, Mr. Kerry, Mr. Leahy, Mr. Reid, Mr. Casey, Mr. Lieberman, Mr.
Whitehouse, Mr. Cardin, Mr. Lautenberg, Mr. Isakson, Ms. Klobuchar, and
Ms. Cantwell) introduced the following bill; which was read twice and
referred to the Committee on Environment and Public Works
August 2, 2007
Reported by Mrs. Boxer, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To amend the Toxic Substances Control Act to reduce the health risks
posed by asbestos-containing products, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Ban Asbestos in America Act
of 2007''.</DELETED>
<DELETED>SEC. 2. FINDINGS.</DELETED>
<DELETED> Congress finds that--</DELETED>
<DELETED> (1)(A) the Administrator of the Environmental
Protection Agency has classified asbestos as a category A human
carcinogen, the highest cancer hazard classification for a
substance; and</DELETED>
<DELETED> (B) the International Agency for Research on
Cancer has classified asbestos as a class 1 human
carcinogen;</DELETED>
<DELETED> (2) many people in the United States incorrectly
believe that--</DELETED>
<DELETED> (A) asbestos has been banned in the United
States; and</DELETED>
<DELETED> (B) there is no risk of exposure to
asbestos through the use of new commercial
products;</DELETED>
<DELETED> (3) the United States Geological Survey reported
that, in 2006, the United States used 2,000 metric tons of
asbestos, of which approximately--</DELETED>
<DELETED> (A) 55 percent was used in roofing
products;</DELETED>
<DELETED> (B) 26 percent was used in coatings;
and</DELETED>
<DELETED> (C) 19 percent was used in other products,
such as friction products;</DELETED>
<DELETED> (4) the Department of Commerce estimates that the
United States imports more than $100,000,000 of brake parts per
year;</DELETED>
<DELETED> (5) available evidence suggests that--</DELETED>
<DELETED> (A) imports of some types of asbestos-
containing products are increasing; and</DELETED>
<DELETED> (B) some of those products are imported
from foreign countries in which asbestos is poorly
regulated;</DELETED>
<DELETED> (6) there is no known safe level of exposure to
asbestos;</DELETED>
<DELETED> (7) even low levels of exposure to asbestos may
cause asbestos-related diseases, including
mesothelioma;</DELETED>
<DELETED> (8) millions of workers in the United States have
been, and continue to be, exposed to dangerous levels of
asbestos;</DELETED>
<DELETED> (9) worker deaths from noncancerous lung disease
can occur at levels of exposure to asbestos below the levels
allowed by the Occupational Safety and Health Administration as
of the date of enactment of this Act;</DELETED>
<DELETED> (10) families of workers are put at risk because
of asbestos brought home by the workers on the shoes, clothes,
skin, and hair of the workers;</DELETED>
<DELETED> (11) approximately </DELETED>\<DELETED>1/
3</DELETED>\ <DELETED>of mesothelioma victims were exposed to
asbestos while serving the United States on Navy ships or
shipyards;</DELETED>
<DELETED> (12) the National Institutes of Health reported to
Congress in 2006 that mesothelioma is a difficult disease to
detect, diagnose, and treat;</DELETED>
<DELETED> (13) the Environmental Working Group estimates
that as many as 10,000 citizens of the United States die each
year from mesothelioma and other asbestos-related
diseases;</DELETED>
<DELETED> (14)(A) mesothelioma responds poorly to
conventional chemotherapy; and</DELETED>
<DELETED> (B) although new combination treatments for
mesothelioma have demonstrated some benefits--</DELETED>
<DELETED> (i) the median survival period for
mesothelioma is only 1 year after diagnosis of the
disease; and</DELETED>
<DELETED> (ii) the majority of mesothelioma patients
die within 2 years of diagnosis of the
disease;</DELETED>
<DELETED> (15) in hearings before Congress in the early
1970s, the example of asbestos was used to justify the need for
comprehensive legislation on toxic substances;</DELETED>
<DELETED> (16) in 1976, Congress passed the Toxic Substances
Control Act (15 U.S.C. 2601 et seq.);</DELETED>
<DELETED> (17) 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;</DELETED>
<DELETED> (18) in 1991, the United States Court of Appeals
for the 5th Circuit overturned portions of the regulations, and
the Federal Government did not appeal the decision to the
Supreme Court;</DELETED>
<DELETED> (19) as a result, while new applications for
asbestos were banned, asbestos is still being imported and used
in some consumer and industrial products in the United
States;</DELETED>
<DELETED> (20) the National Cancer Institute recognizes a
clear need for new agents to improve the outlook for patients
with mesothelioma and other asbestos-related
diseases;</DELETED>
<DELETED> (21) the National Institutes of Health should
continue to improve detection, treatment, and management of
asbestos-related diseases, such as mesothelioma, including by
providing continued support for the pleural mesothelioma
treatment and research program and peritoneal surgical
initiatives;</DELETED>
<DELETED> (22) given the risk of asbestos exposure for
members and veterans of the Armed Forces, the Department of
Defense has an obligation to study diseases related to asbestos
exposure in the military and veteran population, including by
conducting research in coordination with the National
Institutes of Health on the early detection and treatment of
mesothelioma;</DELETED>
<DELETED> (23) asbestos has been banned in 40 countries,
including Argentina, Australia, Austria, Belgium, Chile,
Croatia, the Czech Republic, Denmark, Estonia, Finland, France,
Germany, Iceland, Ireland, Italy, Japan, Latvia, Luxembourg,
the Netherlands, Norway, Poland, Portugal, Saudi Arabia, the
Slovak Republic, Spain, Sweden, Switzerland, and the United
Kingdom;</DELETED>
<DELETED> (24) asbestos was banned throughout the European
Union in 2005; and</DELETED>
<DELETED> (25) banning asbestos from being used in or
imported into the United States will provide certainty to
manufacturers, builders, environmental remediation firms,
workers, and consumers that after a specific date, asbestos
will not be used or added to new construction and manufacturing
materials used in this country.</DELETED>
<DELETED>SEC. 3. ASBESTOS-CONTAINING PRODUCTS.</DELETED>
<DELETED> (a) In General.--Title II of the Toxic Substances Control
Act (15 U.S.C. 2641 et seq.) is amended--</DELETED>
<DELETED> (1) by inserting before section 201 (15 U.S.C.
2641) the following:</DELETED>
<DELETED>``Subtitle A--General Provisions'';</DELETED>
<DELETED>and</DELETED>
<DELETED> (2) by adding at the end the following:</DELETED>
<DELETED>``Subtitle B--Asbestos-Containing Products</DELETED>
<DELETED>``SEC. 221. DEFINITIONS.</DELETED>
<DELETED> ``In this subtitle:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) Biopersistent durable fiber.--</DELETED>
<DELETED> ``(A) In general.--The term `biopersistent
durable fiber' means a silicate fiber that--</DELETED>
<DELETED> ``(i) occurs naturally in the
environment; and</DELETED>
<DELETED> ``(ii) is similar to asbestos in--
</DELETED>
<DELETED> ``(I) resistance to
dissolution;</DELETED>
<DELETED> ``(II) leaching;
and</DELETED>
<DELETED> ``(III) other physical,
chemical, or biological processes
expected from contact with lung cells
and other cells and fluids in the human
body.</DELETED>
<DELETED> ``(B) Inclusions.--The term `biopersistent
durable fiber' includes--</DELETED>
<DELETED> ``(i) richterite;</DELETED>
<DELETED> ``(ii) winchite;</DELETED>
<DELETED> ``(iii) erionite; and</DELETED>
<DELETED> ``(iv) non-asbestiform varieties
of amosite, crocidolite, anthophyllite,
tremolite, and actinolite.</DELETED>
<DELETED> ``(3) 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.</DELETED>
<DELETED> ``(4) Distribute in commerce.--</DELETED>
<DELETED> ``(A) In general.--The term `distribute in
commerce' has the meaning given the term in section
3.</DELETED>
<DELETED> ``(B) Exclusions.--The term `distribute in
commerce' does not include--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(6) Person.--The term `person' means--</DELETED>
<DELETED> ``(A) any individual;</DELETED>
<DELETED> ``(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);</DELETED>
<DELETED> ``(C) any Federal, State, or local
department, agency, or instrumentality; and</DELETED>
<DELETED> ``(D) any interstate body.</DELETED>
<DELETED>``SEC. 222. NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND
HEALTH STUDY.</DELETED>
<DELETED> ``(a) In General.--The National Institute for Occupational
Safety and Health shall conduct a study and, not later than 18 months
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, and other Federal
agencies, as appropriate, a report containing--</DELETED>
<DELETED> ``(1) a description of the current state of the
science relating to--</DELETED>
<DELETED> ``(A) the disease mechanisms and health
effects of exposure to asbestos and other biopersistent
durable fibers; and</DELETED>
<DELETED> ``(B) methods for measuring and analyzing
asbestos;</DELETED>
<DELETED> ``(2) a description of the current status of
labeling practices relating to asbestos-containing material;
and</DELETED>
<DELETED> ``(3) recommendations for future asbestos-related
disease research and exposure assessment practice
needs.</DELETED>
<DELETED> ``(b) Authorization of Appropriations.--There are
authorized to be appropriated such sums as are necessary to carry out
this section.</DELETED>
<DELETED>``SEC. 223. PROHIBITION ON ASBESTOS-CONTAINING
PRODUCTS.</DELETED>
<DELETED> ``(a) In General.--Subject to subsection (b), the
Administrator shall promulgate--</DELETED>
<DELETED> ``(1) not later than 1 year after the date of
enactment of this subtitle, proposed regulations that--
</DELETED>
<DELETED> ``(A) prohibit persons from importing,
manufacturing, processing, or distributing in commerce
asbestos-containing products; and</DELETED>
<DELETED> ``(B) provide for implementation of
subsections (b) and (c); and</DELETED>
<DELETED> ``(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
products.</DELETED>
<DELETED> ``(b) Exemptions.--</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) the exemption would not result in an
unreasonable risk of injury to public health or the
environment; and</DELETED>
<DELETED> ``(B) the person has made good faith
efforts to develop, but has been unable to develop, a
substance, or identify a mineral, that--</DELETED>
<DELETED> ``(i) does not present an
unreasonable risk of injury to public health or
the environment; and</DELETED>
<DELETED> ``(ii) may be substituted for an
asbestos-containing product.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(3) Governmental use.--The Administrator shall
provide an exemption from the requirements of subsection (a),
without review or limit on duration, if the exemption for an
asbestos-containing product is--</DELETED>
<DELETED> ``(A) sought by the Secretary of Defense
and the Secretary certifies, and provides a copy of
that certification to Congress, that--</DELETED>
<DELETED> ``(i) use of the asbestos
containing product is necessary to the critical
functions of the Department;</DELETED>
<DELETED> ``(ii) no reasonable alternatives
to the asbestos containing product exist for
the intended purpose; and</DELETED>
<DELETED> ``(iii) use of the asbestos
containing product will not result in an
unreasonable risk to health or the environment;
or</DELETED>
<DELETED> ``(B) 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--</DELETED>
<DELETED> ``(i) the asbestos-containing
product is necessary to the critical functions
of the National Aeronautics and Space
Administration;</DELETED>
<DELETED> ``(ii) no reasonable alternatives
to the asbestos-containing product exist for
the intended purpose; and</DELETED>
<DELETED> ``(iii) the use of the asbestos-
containing product will not result in an
unreasonable risk to health or the
environment.</DELETED>
<DELETED> ``(c) Disposal.--</DELETED>
<DELETED> ``(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 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.</DELETED>
<DELETED> ``(2) Exemption.--Nothing in paragraph (1)--
</DELETED>
<DELETED> ``(A) applies to an asbestos-containing
product that--</DELETED>
<DELETED> ``(i) is no longer in the stream
of commerce; or</DELETED>
<DELETED> ``(ii) is in the possession of an
end user; or</DELETED>
<DELETED> ``(B) requires that an asbestos-containing
product described in subparagraph (A) be removed or
replaced.</DELETED>
<DELETED>``SEC. 224. PUBLIC EDUCATION PROGRAM.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(1) to increase awareness of the dangers posed
by--</DELETED>
<DELETED> ``(A) asbestos-containing products and
contaminants in homes and workplaces; and</DELETED>
<DELETED> ``(B) asbestos-related diseases;</DELETED>
<DELETED> ``(2) to provide current and comprehensive
information to asbestos-related disease patients, family
members of patients, and front-line health care providers on--
</DELETED>
<DELETED> ``(A) the dangers of asbestos
exposure;</DELETED>
<DELETED> ``(B) asbestos-related labeling
information;</DELETED>
<DELETED> ``(C) health effects of exposure to
asbestos;</DELETED>
<DELETED> ``(D) symptoms of asbestos exposure;
and</DELETED>
<DELETED> ``(E) available and developing treatments
for asbestos-related diseases, including clinical
trials;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(b) Greatest Risks.--In establishing the program, the
Administrator shall 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.</DELETED>
<DELETED> ``(c) Authorization of Appropriations.--There are
authorized to be appropriated such sums as are necessary to carry out
this section.''.</DELETED>
<DELETED> (b) Conforming Amendment.--The table of contents in
sections 1 of the Toxic Substances Control Act (15 U.S.C. prec. 2601)
is amended--</DELETED>
<DELETED> (1) by inserting before the item relating to
section 201 the following:</DELETED>
<DELETED>``Subtitle A-General Provisions'';
<DELETED>and</DELETED>
<DELETED> (2) by adding at the end of the items relating to
title II the following:</DELETED>
<DELETED>``Subtitle B--Asbestos-Containing Products
<DELETED>``Sec. 221. Definitions.
<DELETED>``Sec. 222. National Institute for Occupational Safety and
Health study.
<DELETED>``Sec. 223. Prohibition on asbestos-containing products.
<DELETED>``Sec. 224. Public education program.''.
<DELETED>SEC. 4. ASBESTOS-RELATED DISEASES.</DELETED>
<DELETED> (a) In General.--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:</DELETED>
<DELETED>``SEC. 417E. RESEARCH ON ASBESTOS-RELATED DISEASES.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(b) Administration.--The Secretary shall carry out this
section in collaboration with--</DELETED>
<DELETED> ``(1) the Administrator of the Agency for Toxic
Substances and Disease Registry;</DELETED>
<DELETED> ``(2) the Director of the National Institute for
Occupational Safety and Health; and</DELETED>
<DELETED> ``(3) the head of any other agency, as the
Secretary determines to be appropriate.</DELETED>
<DELETED> ``(c) Asbestos-Related Disease Registry.--</DELETED>
<DELETED> ``(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--
</DELETED>
<DELETED> ``(A) State cancer registries and other
cancer registries;</DELETED>
<DELETED> ``(B) the National Mesothelioma Virtual
Registry and Tissue Bank; and</DELETED>
<DELETED> ``(C) each entity participating in the
asbestos-related disease research and treatment network
established under section 417F(a).</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``SEC. 417F. ASBESTOS-RELATED DISEASE RESEARCH AND TREATMENT
NETWORK.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(b) Inclusions.--The Network shall include--</DELETED>
<DELETED> ``(1) intramural research initiatives of the
National Institutes of Health; and</DELETED>
<DELETED> ``(2) at least 10 extramural asbestos-related
disease research and treatment centers, as selected by the
Director of NIH in accordance with subsection (c).</DELETED>
<DELETED> ``(c) Extramural Asbestos-Related Disease Research and
Treatment Centers.--</DELETED>
<DELETED> ``(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--
</DELETED>
<DELETED> ``(A) have exemplary experience and
qualifications in research and treatment of asbestos-
related diseases;</DELETED>
<DELETED> ``(B) have access to an appropriate
population of patients with asbestos-related diseases;
and</DELETED>
<DELETED> ``(C) are geographically distributed
throughout the United States, with special
consideration given to areas of high incidence of
asbestos-related diseases.</DELETED>
<DELETED> ``(2) Requirements.--Each center selected under
paragraph (1) shall--</DELETED>
<DELETED> ``(A) be chosen by the Director of NIH
after competitive peer review;</DELETED>
<DELETED> ``(B) conduct laboratory and clinical
research, including clinical trials, relating to--
</DELETED>
<DELETED> ``(i) mechanisms for effective
therapeutic treatment of asbestos-related
diseases;</DELETED>
<DELETED> ``(ii) early detection and
prevention of asbestos-related
diseases;</DELETED>
<DELETED> ``(iii) palliation of asbestos-
related disease symptoms; and</DELETED>
<DELETED> ``(iv) pain management with
respect to asbestos-related diseases;</DELETED>
<DELETED> ``(C) offer to asbestos-related disease
patients travel and lodging assistance as necessary--
</DELETED>
<DELETED> ``(i) to accommodate the maximum
number of patients practicable; and</DELETED>
<DELETED> ``(ii) to serve a number of
patients at the center sufficient to conduct a
meaningful clinical trial;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(E) coordinate the research and
treatment efforts of the center (including specimen
sharing and use of common infomatics) with other
entities included in--</DELETED>
<DELETED> ``(i) the Network; and</DELETED>
<DELETED> ``(ii) the National Virtual
Mesothelioma Registry and Tissue
Bank.</DELETED>
<DELETED> ``(3) Period of inclusion.--A center selected by
the Director of NIH under this subsection shall be included in
the Network for--</DELETED>
<DELETED> ``(A) the 1-year period beginning on the
date of selection of the center; or</DELETED>
<DELETED> ``(B) such longer period as the Director
of NIH determines to be appropriate.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``SEC. 417G. DEPARTMENT OF DEFENSE RESEARCH.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(b) Administration.--The Secretary shall carry out this
section in collaboration with--</DELETED>
<DELETED> ``(1) the Director of NIH;</DELETED>
<DELETED> ``(2) the Director of the National Institute of
Occupational Safety and Health; and</DELETED>
<DELETED> ``(3) the head of any other agency, as the
Secretary determines to be appropriate.</DELETED>
<DELETED> ``(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.''.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ban Asbestos in America Act of
2007''.
SEC. 2. FINDINGS.
Congress finds that--
(1)(A) the Administrator of the Environmental Protection
Agency has classified asbestos as a category A human
carcinogen, the highest cancer hazard classification for a
substance; and
(B) the International Agency for Research on Cancer has
classified asbestos as a class 1 human carcinogen;
(2) many people in the United States incorrectly believe
that--
(A) asbestos has been banned in the United States;
and
(B) there is no risk of exposure to asbestos
through the use of new commercial products;
(3) the United States Geological Survey reported that, in
2006, the United States used 2,000 metric tons of asbestos, of
which approximately--
(A) 55 percent was used in roofing products;
(B) 26 percent was used in coatings; and
(C) 19 percent was used in other products, such as
friction products;
(4) the Department of Commerce estimates that the United
States imports more than $100,000,000 of brake parts per year;
(5) available evidence suggests that--
(A) imports of some types of asbestos-containing
products are increasing; and
(B) some of those products are imported from
foreign countries in which asbestos is poorly
regulated;
(6) there is no known safe level of exposure to asbestos;
(7) even low levels of exposure to asbestos may cause
asbestos-related diseases, including mesothelioma;
(8) millions of workers in the United States have been, and
continue to be, exposed to dangerous levels of asbestos;
(9) worker deaths from noncancerous lung disease can occur
at levels of exposure to asbestos below the levels allowed by
the Occupational Safety and Health Administration as of the
date of enactment of this Act;
(10) families of workers are put at risk because of
asbestos brought home by the workers on the shoes, clothes,
skin, and hair of the workers;
(11) approximately \1/3\ of mesothelioma victims were
exposed to asbestos while serving the United States on Navy
ships or shipyards;
(12) the National Institutes of Health reported to Congress
in 2006 that mesothelioma is a difficult disease to detect,
diagnose, and treat;
(13) the Environmental Working Group estimates that as many
as 10,000 citizens of the United States die each year from
mesothelioma and other asbestos-related diseases;
(14)(A) mesothelioma responds poorly to conventional
chemotherapy; and
(B) although new combination treatments for mesothelioma
have demonstrated some benefits--
(i) the median survival period for mesothelioma is
only 1 year after diagnosis of the disease; and
(ii) the majority of mesothelioma patients die
within 2 years of diagnosis of the disease;
(15) in hearings before Congress in the early 1970s, the
example of asbestos was used to justify the need for
comprehensive legislation on toxic substances;
(16) in 1976, Congress passed the Toxic Substances Control
Act (15 U.S.C. 2601 et seq.);
(17) in 1989, the Administrator of the Environmental
Protection Agency promulgated final regulations under title II
of the Toxic Substances Control Act (15 U.S.C. 2641 et seq.) to
phase out asbestos in consumer products by 1997;
(18) in 1991, the United States Court of Appeals for the
5th Circuit overturned portions of the regulations, and the
Federal Government did not appeal the decision to the Supreme
Court;
(19) as a result, while new applications for asbestos were
banned, asbestos is still being imported and used, and is
otherwise present as a contaminant, in some consumer and
industrial products in the United States;
(20) the National Cancer Institute recognizes a clear need
for new agents to improve the outlook for patients with
mesothelioma and other asbestos-related diseases;
(21) the National Institutes of Health should continue to
improve detection, treatment, and management of asbestos-
related diseases, such as mesothelioma, including by providing
continued support for the pleural mesothelioma treatment and
research program and peritoneal surgical initiatives;
(22) the Department of Defense should study diseases
related to asbestos exposure in the military and veteran
population, including by conducting research in coordination
with the National Institutes of Health on the early detection
and treatment of mesothelioma;
(23) with some exceptions relating to certain uses,
asbestos has been banned in 40 countries, including Argentina,
Australia, Austria, Belgium, Chile, Croatia, the Czech
Republic, Denmark, Estonia, Finland, France, Germany, Iceland,
Ireland, Italy, Japan, Latvia, Luxembourg, the Netherlands,
Norway, Poland, Portugal, Saudi Arabia, the Slovak Republic,
Spain, Sweden, Switzerland, and the United Kingdom;
(24) asbestos was banned throughout the European Union in
2005; and
(25) banning asbestos from being used in or imported into
the United States will provide certainty to manufacturers,
builders, environmental remediation firms, workers, and
consumers that after a specific date, asbestos will not be
used, added, or allowed to be knowingly present as a
contaminant in new construction and manufacturing materials
used in this country.
SEC. 3. ASBESTOS-CONTAINING PRODUCTS.
(a) In General.--Title II of the Toxic Substances Control Act (15
U.S.C. 2641 et seq.) is amended--
(1) by inserting before section 201 (15 U.S.C. 2641) the
following:
``Subtitle A--General Provisions'';
(2) in section 202(3) (15 U.S.C. 2642(3))--
(A) in each of subparagraphs (A) through (D), by
striking the commas at the end of the subparagraphs and
inserting semicolons;
(B) in subparagraph (E), by striking ``, or'' and
inserting a semicolon;
(C) in subparagraph (F), by striking the period at
the end and inserting a semicolon; and
(D) by adding at the end the following:
``(G) any material formerly classified as
tremolite, including--
``(i) winchite asbestos; and
``(ii) richterite asbestos; and
``(H) any asbestiform amphibole mineral.'';
and
(3) by adding at the end the following:
``Subtitle B--Asbestos-Containing Products
``SEC. 221. DEFINITIONS.
``In this subtitle:
``(1) Appropriate federal entity.--The term `appropriate
Federal entity' means any appropriate Federal entity, as
determined by the Director, including--
``(A) the Agency for Toxic Substances and Disease
Registry;
``(B) the Department of Health and Human Services;
``(C) the Environmental Protection Agency;
``(D) the Mine Safety and Health Administration;
``(E) the National Institute of Standards and
Technology;
``(F) the United States Geological Survey;
``(G) the National Institute of Environmental
Health Sciences;
``(H) the National Institute for Occupational
Safety and Health; and
``(I) the Occupational Health and Safety
Administration.
``(2) Asbestos-containing product.--The term `asbestos-
containing product' means any product (including any part) to
which asbestos is deliberately or knowingly added or in which
asbestos is deliberately used or knowingly present in any
concentration.
``(3) Elongated mineral particle.--The term `elongated
mineral particle' means a single crystal or similarly elongated
polycrystalline aggregate particle with a length to width ratio
of 3 to 1 or greater.
``(4) Biopersistent elongated mineral particle.--The term
`biopersistent elongated mineral particle' means an elongated
mineral particle that--
``(A) occurs naturally in the environment; and
``(B) is similar to asbestos in--
``(i) resistance to dissolution;
``(ii) leaching; and
``(iii) other physical, chemical, or
biological processes expected from contact with
lung cells and other cells and fluids in the
human body.
``(5) Director.--The term `Director' means the Director of
the National Institute for Occupational Safety and Health.
``(6) Person.--The term `person' means--
``(A) any individual;
``(B) any corporation, company, association, firm,
partnership, joint venture, sole proprietorship, or
other for-profit or nonprofit business entity
(including any manufacturer, importer, distributor, or
processor);
``(C) any Federal, State, or local department,
agency, or instrumentality; and
``(D) any interstate body.
``SEC. 222. NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH
STUDIES.
``(a) Studies.--
``(1) Current state of science study.--
``(A) In general.--The Director, in consultation
with the United States Geological Survey, the
Environmental Protection Agency, the National Academy
of Sciences, and appropriate Federal entities, shall
conduct a study and, not later than 1 year after the
date of enactment of this subtitle, submit to the
Administrator, the Committees on Environment and Public
Works and Health, Education, Labor, and Pensions of the
Senate, the Committees on Energy and Commerce and
Education and Labor of the House of Representatives,
and other Federal agencies a report containing--
``(i) a description of the current state of
the science relating to--
``(I) the disease mechanisms and
health effects of exposure to non-
asbestiform minerals and elongated
mineral particles; and
``(II) methods for measuring and
analyzing non-asbestiform minerals and
elongated mineral particles; and
``(ii) recommendations for--
``(I) future research relating to
diseases caused by exposure to--
``(aa) non-asbestiform
minerals; and
``(bb) elongated mineral
particles;
``(II) exposure assessment practice
needs;
``(III) any new classification of
naturally occurring elongated mineral
particles; and
``(IV) 1 or more definitions and
dimensions to be used for the
quantification and risk assessment of--
``(aa) non-asbestiform
minerals; and
``(bb) elongated mineral
particles.
``(B) Components.--The report described in
subparagraph (A) shall include--
``(i) peer-reviewed published literature;
``(ii) regulatory decisions; and
``(iii) information obtained from the
National Institute for Occupational Safety
Asbestos Research Roadmap.
``(2) Mode of action and health effects study.--
``(A) In general.--The Director, in consultation
with the Environmental Protection Agency, the National
Academy of Sciences, and appropriate Federal entities,
shall conduct a study--
``(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.''.
(b) Conforming Amendment.--The table of contents in sections 1 of
the Toxic Substances Control Act (15 U.S.C. prec. 2601) is amended--
(1) by inserting before the item relating to section 201
the following:
``Subtitle A-General Provisions'';
and
(2) by adding at the end of the items relating to title II
the following:
``Subtitle B--Asbestos-Containing Products
``Sec. 221. Definitions.
``Sec. 222. National Institute for Occupational Safety and Health
report and study.
``Sec. 223. Public education program.
``Subtitle C--Prohibition on Asbestos-Containing Materials
``Sec. 231. Prohibition on asbestos-containing materials.''.
SEC. 4. ASBESTOS-RELATED DISEASES.
Subpart 1 of part C of title IV of the Public Health Service Act
(42 U.S.C. 285 et seq.) is amended by adding at the end the following:
``SEC. 417E. RESEARCH ON ASBESTOS-RELATED DISEASES.
``(a) In General.--The Secretary, acting through the Director of
NIH and the Director of the Centers for Disease Control and Prevention,
shall expand, intensify, and coordinate programs for the conduct and
support of research on diseases caused by exposure to asbestos,
particularly mesothelioma, asbestosis, and pleural injuries.
``(b) Administration.--The Secretary shall carry out this section
in collaboration with--
``(1) the Administrator of the Agency for Toxic Substances
and Disease Registry;
``(2) the Director of the National Institute for
Occupational Safety and Health; and
``(3) the head of any other agency, as the Secretary
determines to be appropriate.
``(c) Asbestos-Related Disease Registry.--
``(1) In general.--Not later than 1 year after the date of
enactment of this section, the Director of the Centers for
Disease Control and Prevention, in cooperation with the
Director of the National Institute for Occupational Safety and
Health and the Administrator of the Agency for Toxic Substances
and Disease Registry, shall establish a mechanism by which to
obtain, coordinate, and provide data and specimens from--
``(A) State cancer registries and other cancer
registries;
``(B) the National Mesothelioma Virtual Registry
and Tissue Bank; and
``(C) each entity participating in the asbestos-
related disease research and treatment network
established under section 417F(a).
``(2) Treatment.--The data and specimens described in
paragraph (1) shall form the basis for establishing a national
clearinghouse for data and specimens relating to asbestos-
related diseases, with a particular emphasis on mesothelioma.
``(d) Authorization of Appropriations.--In addition to amounts made
available for the purposes described in subsection (a) under other law,
there are authorized to be appropriated to carry out this section such
sums as are necessary for fiscal year 2008 and each fiscal year
thereafter.
``SEC. 417F. ASBESTOS-RELATED DISEASE RESEARCH AND TREATMENT NETWORK.
``(a) Establishment.--For each of fiscal years 2008 through 2012,
the Director of NIH, in collaboration with other applicable Federal,
State, and local agencies and departments, shall establish and maintain
an asbestos-related disease research and treatment network (referred to
in this section as the `Network') to support the detection, prevention,
treatment, and cure of asbestos-related diseases, with particular
emphasis on malignant mesothelioma.
``(b) Inclusions.--The Network shall include--
``(1) intramural research initiatives of the National
Institutes of Health; and
``(2) at least 10 extramural asbestos-related disease
research and treatment centers, as selected by the Director of
NIH in accordance with subsection (c).
``(c) Extramural Asbestos-Related Disease Research and Treatment
Centers.--
``(1) In general.--For each fiscal year during which the
Network is operated and maintained under subsection (a), the
Director of NIH shall select for inclusion in the Network not
less than 10 nonprofit hospitals, universities, or medical or
research institutions incorporated or organized in the United
States that, as determined by the Director of NIH--
``(A) have exemplary experience and qualifications
in research and treatment of asbestos-related diseases;
``(B) have access to an appropriate population of
patients with asbestos-related diseases; and
``(C) are geographically distributed throughout the
United States, with special consideration given to
areas of high incidence of asbestos-related diseases.
``(2) Requirements.--Each center selected under paragraph
(1) shall--
``(A) be chosen by the Director of NIH after
competitive peer review;
``(B) conduct laboratory and clinical research,
including clinical trials, relating to--
``(i) mechanisms for effective therapeutic
treatment of asbestos-related diseases;
``(ii) early detection and prevention of
asbestos-related diseases;
``(iii) palliation of asbestos-related
disease symptoms; and
``(iv) pain management with respect to
asbestos-related diseases;
``(C) offer to asbestos-related disease patients
travel and lodging assistance as necessary--
``(i) to accommodate the maximum number of
patients practicable; and
``(ii) to serve a number of patients at the
center sufficient to conduct a meaningful
clinical trial;
``(D) seek to collaborate with at least 1 medical
center of the Department of Veterans Affairs to provide
research benefits and care to veterans who have
suffered excessively from asbestos-related diseases,
particularly mesothelioma; and
``(E) coordinate the research and treatment efforts
of the center (including specimen sharing and use of
common infomatics) with other entities included in--
``(i) the Network; and
``(ii) the National Virtual Mesothelioma
Registry and Tissue Bank.
``(3) Period of inclusion.--A center selected by the
Director of NIH under this subsection shall be included in the
Network for--
``(A) the 1-year period beginning on the date of
selection of the center; or
``(B) such longer period as the Director of NIH
determines to be appropriate.
``(d) Grants.--The Director of NIH shall provide to each center
selected for inclusion in the Network under subsection (c) for the
fiscal year a grant in an amount equal to $1,000,000 to support the
detection, prevention, treatment, and cure of asbestos-related
diseases, with particular emphasis on malignant mesothelioma.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2008 through 2012.
``SEC. 417G. DEPARTMENT OF DEFENSE RESEARCH.
``(a) In General.--The Secretary, acting through the United States
Army Medical Research and Materiel Command, shall support research on
mesothelioma and other asbestos-related diseases that has clear
scientific value and direct relevance to the health of members and
veterans of the Armed Forces, in accordance with the appropriate
congressionally directed medical research program, with the goal of
advancing the understanding, early detection, and treatment of
asbestos-related mesothelioma and other asbestos-related diseases.
``(b) Administration.--The Secretary shall carry out this section
in collaboration with--
``(1) the Director of NIH;
``(2) the Director of the National Institute of
Occupational Safety and Health; and
``(3) the head of any other agency, as the Secretary
determines to be appropriate.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as are necessary for
fiscal year 2008 and each fiscal year thereafter.''.
Calendar No. 321
110th CONGRESS
1st Session
S. 742
_______________________________________________________________________
A BILL
To amend the Toxic Substances Control Act to reduce the health risks
posed by asbestos-containing products, and for other purposes.
_______________________________________________________________________
August 2, 2007
Reported with an amendment