119-hr5373

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5373 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 5373

To amend the Toxic Substances Control Act to prohibit the manufacture, 
 processing, use, and distribution in commerce of commercial asbestos 
and mixtures and articles containing commercial asbestos, and for other 
 purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 September 16, 2025

Ms. Bonamici (for herself and Mr. Bacon) introduced the following bill; 
 which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

 A BILL

To amend the Toxic Substances Control Act to prohibit the manufacture, 
 processing, use, and distribution in commerce of commercial asbestos 
and mixtures and articles containing commercial asbestos, and for other 
 purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Alan Reinstein Ban Asbestos Now Act 
of 2025''.

SEC. 2. COMMERCIAL ASBESTOS BAN AND REPORTING.

 

Section 6 of the Toxic Substances Control Act (15 U.S.C. 2605) is 
amended--

    (1) by redesignating subsection

    (j) as subsection

    (k) ; and

    (2) by inserting after subsection
            (i) the following:
 ``

    (j) Asbestos.--
 ``

    (1) === Definitions. ===
-In this subsection:
 ``
        (A) Commercial asbestos.--The term `commercial 
 asbestos' means the asbestiform varieties of the 
 following, if extracted and processed for their 
 commercial value:
 ``
            (i) Chrysotile

    (serpentine) .
 ``
            (ii) Crocidolite

    (riebeckite) .
 ``
            (iii) Amosite (cummingtonite-grunerite).
 ``
            (iv) Anthophyllite.
 ``
            (v) Tremolite.
 ``
            (vi) Actinolite.
 ``
            (vii) Richterite.
 ``
            (viii) Winchite.
 ``
        (B) Distribute in commerce; distribution in 
 commerce.--
 ``
            (i) In general.--Except as provided in 
 clause
            (ii) , the terms `distribute in commerce' 
 and `distribution in commerce' have the 
 meanings given the terms in 

section 3.
 ``
            (ii) Exclusions.--The terms `distribute 
 in commerce' and `distribution in commerce' do 
 not include, with respect to commercial 
 asbestos--
 ``
            (I) end-use of a mixture or 
 article containing commercial asbestos 
 and installed in a building or other 
 structure, product, or equipment before 
 the date of enactment of the Alan 
 Reinstein Ban Asbestos Now Act of 2025; 
 or
 ``
            (II) distribution of a mixture or 
 article containing commercial asbestos 
 solely for the purpose of disposal of 
 the mixture or article in compliance 
 with applicable Federal, State, and 
 local requirements.
 ``
            (C) Mixture or article containing commercial 
 asbestos.--The term `mixture or article containing 
 commercial asbestos' does not include a mixture or 
 article in which commercial asbestos is present solely 
 as an impurity (as defined in 

section 720.3 of title 
 40, Code of Federal Regulations (or successor 
 regulations)).
 ``

    (2) Applicability.--
 ``
        (A) In general.--The prohibitions, requirements, 
 and definition of the term `commercial asbestos' in 
 this subsection shall--
 ``
            (i) apply only--
 ``
            (I) to chemical substances; and
 ``
            (II) for purposes of regulating 
 chemical substances under this Act; and
 ``
            (ii) have no effect on--
 ``
            (I) any other prohibition or 
 definition of the term `asbestos'; or
 ``
            (II) any other requirement 
 regulating asbestos, including for 
 purposes of--
 ``

    (aa) regulating cosmetics 
 under the Federal Food, Drug, 
 and Cosmetic Act (21 U.S.C. 301 
 et seq.); and
 ``

    (bb) determining whether 
 a cosmetic contains asbestos as 
 an ingredient or as an impurity 
 to an ingredient.
 ``
        (B) Impurities.--Nothing in this subsection 
 applies to any chemical substance, mixture, or article 
 in which commercial asbestos is present solely as an 
 impurity.
 ``

    (3) Prohibition of manufacture, processing, use, and 
 distribution in commerce.--Effective on the date of enactment 
 of the Alan Reinstein Ban Asbestos Now Act of 2025, no person 
 may manufacture, process, use, or distribute in commerce 
 commercial asbestos or any mixture or article containing 
 commercial asbestos.
 ``

    (4) Chlor-alkali industry.--Notwithstanding paragraph

    (3) , an owner, operator, or agent of an owner or operator of a 
 chlor-alkali facility that is in operation on the date of 
 enactment of the Alan Reinstein Ban Asbestos Now Act of 2025 
 may, until January 1, 2030--
 ``
        (A) use, hold, or process commercial asbestos 
 fibers solely for the purpose of manufacturing 
 diaphragms for use in the chlor-alkali process; and
 ``
        (B) use asbestos diaphragms in chlor-alkali 
 production.
 ``

    (5) Exemption for national security reasons.--
 ``
        (A) In general.--Notwithstanding any other 
 provision of this subsection, the President may, on 
 application, grant any person an exemption from the 
 prohibition under paragraph

    (3) once for the 
 manufacture, processing, use, or distribution in 
 commerce of commercial asbestos or any mixture or 
 article containing commercial asbestos only if the 
 President determines that--
 ``
            (i) the manufacture, processing, use, or 
 distribution in commerce of commercial asbestos 
 or any mixture or article containing commercial 
 asbestos by the person is necessary to protect 
 the national security interests of the United 
 States; and
 ``
            (ii) no feasible alternative to the 
 manufacture, processing, use, or distribution 
 in commerce of commercial asbestos or any 
 mixture or article containing commercial 
 asbestos exists for the intended use.
 ``
        (B) Duration.--
 ``
            (i) In general.--The period of an 
 exemption granted under subparagraph
        (A) shall 
 not exceed 3 years.
 ``
            (ii) Extension.--The President may, in 
 accordance with subparagraph
        (A) , extend an 
 exemption granted under that subparagraph once, 
 for a period not to exceed 3 years.
 ``
            (C) Terms and conditions.--An exemption granted 
 under this paragraph (including any extension granted 
 under subparagraph
        (B)
            (ii) ) shall include such terms 
 and conditions as are necessary to achieve the maximum 
 extent practicable reduction in exposure to commercial 
 asbestos.
 ``
            (D) Publication.--
 ``
            (i) Applications.--Not later than 30 days 
 after receipt of an application for an 
 exemption under this paragraph (including an 
 extension under subparagraph
        (B)
            (ii) ), the 
 President shall publish the application in the 
 Federal Register.
 ``
            (ii) Exemptions.--Not later than 30 days 
 after granting an exemption under this 
 paragraph (including an extension under 
 subparagraph
        (B)
            (ii) ), the President shall 
 publish in the Federal Register--
 ``
            (I) a notice of the exemption; 
 and
 ``
            (II) the terms and conditions 
 included under subparagraph
            (C) .
 ``
            (iii) Exception.--The President, on a 
 determination that publication under this 
 subparagraph of information relating to an 
 application or granting of a particular 
 exemption would harm the national security 
 interests of the United States--
 ``
            (I) shall not publish that 
 information in the Federal Register; 
 but
 ``
            (II) shall provide that 
 information to the Committee on Energy 
 and Commerce of the House of 
 Representatives and the Committee on 
 Environment and Public Works of the 
 Senate.
 ``
        (E) Application of waiver authority.--
 Notwithstanding 

section 22, the Administrator may not 
 issue a waiver under that section with respect to 
 commercial asbestos.''.
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