Ban Asbestos in America Act of 2007
Latest action · Oct 5, 2007 Received in the House.
Progress
Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.
- IntroducedMar 1, 2007
- Passed SenateOct 4, 2007
- Passed HouseNot reached
- To the PresidentNot reached
- Became lawNot reached
Summary
Ban Asbestos in America Act of 2007 - (Sec. 3) Amends the Toxic Substances Control Act to include within the meaning of the term "asbestos" asbestiform varieties of: (1) any material formerly classified as tremolite, including winchite asbestos and richterite asbestos; and (2) any asbestiform amphibole mineral.
Requires the Director of the National Institute for Occupational Safety and Health to conduct a study that: (1) describes the science concerning the disease mechanisms and health effects of exposure to non-asbestiform minerals and elongated mineral particles and methods for measuring and analyzing such minerals; and (2) recommends future research relating to diseases caused by exposure to such minerals, exposure assessment practice needs, new classification of naturally occurring elongated mineral particles, and definitions and dimensions to be used for the quantification and risk assessment of such minerals.
Requires the Director to conduct and submit to the Administrator of the Environmental Protection Agency (EPA) and specified congressional committees a study to: (1) evaluate the mode of action and health effects of such minerals; and (2) recommend means by which to identify, distinguish, and measure any such minerals that may or may not cause any disease or health effect.
Requires the Director to report to specified congressional committees on: (1) the manner by which such minerals remain biopersistent in the human body, exhibit resistance to dissolution and leaching, and induce other physical, chemical, and biological processes as a result of contact with cells and fluids in the body connected to a disease; (2) a description of the means by which to identify, distinguish, and measure such minerals that may or may not cause any disease or health effect; and (3) recommendations for controls to protect human health.
Requires the Director to initiate a study to: (1) develop improved sampling and analytical methods for non-asbestiform minerals and elongated mineral particles; and (2) clarify the mechanism of action.
Requires the Administrator to establish a plan to: (1) increase awareness of the dangers posed by products having asbestos-containing materials in homes and workplaces and by asbestos-related diseases; (2) provide information to, and encourage participation in research and treatment endeavors by, asbestos-related disease patients and their families and front-line health care providers; and (3) encourage health care providers and researchers to provide to patients and their families information relating to research, diagnostic, and clinical treatments relating to asbestos. Requires the Administrator to give priority to products that have asbestos-containing materials, that are used by consumers and workers, and that pose the greatest risk of injury to human health.
Requires the Administrator to promulgate regulations that prohibit importing, manufacturing, processing, or distributing asbestos-containing materials, subject to: (1) a limited exemption, upon petition, as long as the exemption would not result in an unreasonable risk of injury to health or the environment and the person has made good faith efforts to develop or identify a substitute substance or mineral that does not present such a risk; (2) specified exemptions sought by the Department of Defense (DOD) and the National Aeronautics and Space Administration (NASA) for the use of an asbestos containing material that is necessary to critical functions when no reasonable alternatives exist and when its use will not result in an unreasonable risk to health or the environment; and (3) an exemption for any diaphragm electrolysis installation in existence as of the date of this Act's enactment. Requires the Administrator to: (1) review the diaphragm electrolysis installation exemption every three years; (2) examine the risk of injury to an individual relating to operation of such installation; and (3) provide for public notice and comment. Authorizes the Administrator to terminate such exemption if the installation poses an unreasonable risk of injury.
Requires each person to dispose of asbestos-containing material that is subject to the prohibition by a means that complies with federal, state, and local requirements not later than two years after this Act's enactment. Exempts asbestos-containing material that: (1) is no longer in the stream of commerce; or (2) is in the possession of an end user. Specifies that the prohibition does not require that the material be removed or replaced.
Requires the Administrator, annually, to carry out and report on compliance tests.
(Sec. 4) Amends the Public Health Service Act to direct the Secretary of Health and Human Services, acting through the Director of the National Institutes of Health (NIH) and the Director of the Centers for Disease Control and Prevention (CDC), to expand, intensify, and coordinate research programs on diseases caused by asbestos exposure, particularly mesothelioma, asbestosis, and pleural injuries.
Requires the Director of the CDC to establish a mechanism to obtain, coordinate, and provide data and specimens from cancer registries, the National Mesothelioma Virtual Registry and Tissue Bank, and specified asbestos-related disease research and treatment networks. Provides for establishment of a national clearinghouse for data and specimens relating to asbestos-related diseases. Authorizes appropriations for research on asbestos-related diseases.
Requires the Director of the National Institutes of Health (NIH) to establish and maintain an asbestos-related disease research and treatment network that includes NIH's intramural research initiatives and at least ten extramural asbestos-related disease research and treatment centers. Requires the Director of NIH to select for inclusion in such network specified nonprofit hospitals, universities, or medical or research institutions incorporated or organized in the United States. Requires each selected center to: (1) conduct laboratory and clinical research relating to mechanisms for effective therapeutic treatment, early detection and prevention, palliation of symptoms, and pain management with respect to asbestos-related diseases, (2) offer patients travel and lodging assistance; (3) seek to collaborate with at least one Department of Veterans Affairs medical center to provide research benefits and care to veterans who have suffered excessively from asbestos-related diseases, and (4) coordinate research and treatment efforts with other entities in the network and the National Virtual Mesothelioma Registry and Tissue Bank. Requires centers to be in the network for one year. Requires the Director of NIH to provide each center a grant to support the detection, prevention, treatment, and cure of asbestos-related diseases.
Directs the Secretary, acting through the U.S. Army Medical Research and Materiel Command, to support research on mesothelioma and other asbestos-related diseases that has clear scientific value and direct relevance to the health 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 such diseases.
Cosponsors 20
Members who signed on, in the order they did. Signatures ran from Mar 1, 2007 to Aug 2, 2007; 12 are original cosponsors, there from the day it was introduced.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| D-CA | Barbara Boxer | Original | Mar 1, 2007 |
| D-CA | Dianne Feinstein | Original | Mar 1, 2007 |
| D-MA | Edward M. Kennedy | Original | Mar 1, 2007 |
| D-NV | Harry Reid | Original | Mar 1, 2007 |
| D-NY | Hillary Rodham Clinton | Original | Mar 1, 2007 |
| D-MA | John F. Kerry | Original | Mar 1, 2007 |
| D-MT | Max Baucus | Original | Mar 1, 2007 |
| D-VT | Patrick J. Leahy | Original | Mar 1, 2007 |
| D-IL | Richard J. Durbin | Original | Mar 1, 2007 |
| D-WI | Russell D. Feingold | Original | Mar 1, 2007 |
| D-OH | Sherrod Brown | Original | Mar 1, 2007 |
| D-IA | Tom Harkin | Original | Mar 1, 2007 |
| I-CT | Joseph I. Lieberman | Mar 28, 2007 | |
| D-PA | Robert P. Casey Jr. | Mar 28, 2007 | |
| D-RI | Sheldon Whitehouse | Mar 28, 2007 |
Committees 1
Where it was sent and what each committee and subcommittee did with it, in order.
| Chamber | Committee | What it did |
|---|---|---|
| Senate | Environment and Public Works Committee | Referred Mar 1, 2007Markup Jul 31, 2007Reported Aug 2, 2007 |
Actions 12
Everything that happened, newest first.
- Oct 5, 2007Message on Senate action sent to the House.
- Oct 5, 2007Held at the desk.
- Oct 5, 2007Received in the House.
- Oct 4, 2007Measure laid before Senate by unanimous consent. (consideration: CR S12728-12737; text of measure as reported: CR S12728-12731)
- Oct 4, 2007The committee substitute as amended agreed to by Unanimous Consent.
- Oct 4, 2007Passed/agreed to in Senate: Passed Senate with an amendment and an amendment to the Title by Unanimous Consent. (text as passed Senate: CR S12731-12734)
- Oct 3, 2007By Senator Boxer from Committee on Environment and Public Works filed written report. Report No. 110-189.
- Aug 2, 2007Committee on Environment and Public Works. Reported by Senator Boxer with an amendment in the nature of a substitute. Without written report.
- Aug 2, 2007Placed on Senate Legislative Calendar under General Orders. Calendar No. 321.
- Jul 31, 2007Committee on Environment and Public Works. Ordered to be reported with an amendment in the nature of a substitute favorably.
- Mar 1, 2007Introduced in Senate
- Mar 1, 2007Read twice and referred to the Committee on Environment and Public Works.
In the Congressional Record 3
Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.
| Where | In the Record | Members | Date |
|---|---|---|---|
| Senate | Debate and remarks S12859 | Patty Murray D-WA | Oct 15, 2007 |
| Senate | Debate and remarks S12728–S12737Text printed S12731–S12734Amendments S12728, S12809 | Barbara A. Mikulski D-MD, Barbara Boxer D-CA, Harry Reid D-NV, Johnny Isakson R-GA (amendment), Patrick J. Leahy D-VT, Patty Murray D-WA (amendment) | Oct 4, 2007 |
| Senate | Debate and remarks S10875 | Christopher J. Dodd D-CT, John Thune R-SD | Aug 3, 2007 |
Research
What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.
Committee report
Congressional Budget Office cost estimates 2
- Oct 3, 2007S. 742, Ban Asbestos in America Act of 2007<p>Cost estimate for the bill as reported by the Senate Committee on Environment and Public Works on August 2, 2007</p>
- Oct 3, 2007S. 742, Ban Asbestos in America Act of 2007Cost estimate for the bill as reported by the Senate Committee on Environment and Public Works on August 2, 2007
Printed hearings 3
Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.
| Number | Hearing | Committee | Held |
|---|---|---|---|
| Serial No. 110-96 | S. 742 AND DRAFT LEGISLATION TO BAN ASBESTOS IN PRODUCTS293 pages | Energy and Commerce Committee | Feb 28, 2008 |
| S. Hrg. 110-1096 | EXAMINING THE HUMAN HEALTH EFFECTS OF ASBESTOS AND THE METHODS OF MITIGATING SUCH IMPACTS218 pages | Environment and Public Works Committee | Jun 12, 2007 |
| S. Hrg. 110-22 | ASBESTOS: STILL LETHAL/STILL LEGAL: THE NEED TO BETTER PROTECT THE HEALTH OF AMERICAN WORKERS AND THEIR FAMILIES64 pages | Health, Education, Labor, and Pensions Committee | Mar 1, 2007 |
Amendments 2
Amendments offered to this bill.
| Amendment | Description | Offered by | Status |
|---|---|---|---|
| SA 3257 | Of a perfecting nature. | Patty Murray D-WA | Amendment SA 3257 agreed to in Senate by Unanimous Consent. |
| SA 3258 | To amend the title. | Patty Murray D-WA | Amendment SA 3258 agreed to in Senate by Unanimous Consent. |
Related bills 2
Companion bills and other measures the record links to this one.
| Bill | Title | Relationship | Latest action |
|---|---|---|---|
| HR 3285 | Ban Asbestos in America Act of 2007 | Identical bill | Aug 1, 2007 |
| HR 3339 | Bruce Vento Ban Asbestos and Prevent Mesothelioma Act of 2007 | Related bill | Aug 2, 2007 |
Titles 5
Every title it has carried, official and short, at each stage.
- Official Title as Introduced
- A bill to amend the Toxic Substances Control Act to reduce the health risks posed by asbestos-containing products, and for other purposes.
- Official Titles as Amended by Senate
- An act to amend the Toxic Substances Control Act to reduce the health risks posed by asbestos-containing materials and products having asbestos-containing material, and for other purposes.
- Short Titles as Introduced
- Ban Asbestos in America Act of 2007
- Short Titles as Reported to Senate
- Ban Asbestos in America Act of 2007
- Short Titles as Passed Senate
- Ban Asbestos in America Act of 2007
Subjects
Assigned by the Library of Congress. Policy area: Environmental Protection.
- Administrative procedure
- Armed Forces and National Security
- Asbestos
- Cancer
- Clinical trials
- Commerce
- Consumer education
- Data banks
- Department of Health and Human Services
- Economics and Public Finance
- Environmental health
- Environmental Protection
- Environmental Protection Agency
- Environmental research
- Federal aid to health facilities
- Federal aid to research
- Fibers
- Foreign Trade and International Finance
- Government Operations and Politics
- Government publicity
- Governmental investigations
- Hazardous wastes
- Health
- Health education
- Health information systems
- Import restrictions
- Labeling
- Labor and Employment
- Law
- Lung cancer
- Lung diseases
- Manufacturing industries
- Medical centers
- Medical research
- Medical screening
- Medical tests
- Military medicine
- Minerals
- National Institutes of Health (NIH)
- Occupational health and safety
- Pain
- Preventive medicine
- Product safety
- Refuse and refuse disposal
- Research centers
- Research grants
- Science, Technology, Communications
- Tissue banks
- Veterans' hospitals
- Veterans' medical care
Text 3
Each version as it was printed, newest first.
- Oct 4, 2007Engrossed in Senate
- Aug 2, 2007Reported to Senate
- Mar 1, 2007Introduced in Senate
Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.
