110th Congress

Asbestos Research

S. 742, H.R. 3285, H.R. 3339

Background

As defined by MedlinePlus, asbestos is a group of minerals with long, thin fibers that are too small to be seen. It was once used widely as insulation, and it also occurs naturally in the environment. Disturbing asbestos can cause the fibers to float in the air, and when this happens, they are easy to inhale. Most fibers are exhaled, but some become lodged in the lungs, and over time the fibers can build up, causing lung scarring and inflammation. This can eventually affect breathing and lead to diseases such as asbestosis (scarring of the lungs that makes it difficult to breathe), mesothelioma (a rare cancer that affects the lining of the lungs or abdomen), and lung cancer.

The National Institute of Environmental Health Sciences is the lead agency at the National Institutes of Health (NIH) for research related to how asbestos initiates or promotes the development of disease. In addition, the National Cancer Institute supports basic research relating to mesothelioma, and the National Heart, Lung, and Blood Institute supports research on the diagnosis and treatment of other lung diseases.

Provisions of the Legislation/Impact on NIH

The legislation would prohibit asbestos-containing products, require the Director of the National Institute for Occupational Safety and Health (NIOSH) to submit a report on the current state of the science, require the Administrator of the Environmental Protection Agency to establish a public education program, and require the Director of NIH to conduct research on asbestos-related diseases. Disease-related provisions would require NIH to do the following:

• The Director of NIH, in collaboration with other applicable Federal, State, and local agencies and departments, would be required to establish and maintain an asbestos-related disease research and treatment network to support the detection, prevention, treatment, and cure of asbestos-related diseases, with particular emphasis on malignant mesothelioma. The network would be required to include NIH intramural research initiatives and at least 10 extramural asbestos-related disease research and treatment centers.
• As a part of the network, the Director of NIH would be required to establish no less than 10 extramural asbestos disease-related centers. The Director of NIH would be required to award $1 million to each for the conduct of laboratory and clinical research, including clinical trials, relating to 1) mechanisms for the effective therapeutic treatment of asbestos-related diseases, 2) early detection and prevention of asbestos-related diseases, 3) palliation of asbestos-related disease symptoms, and 4) pain management with respect to asbestos-related diseases. Eligible entities would include nonprofit hospitals, universities, and medical research institutions that 1) have exemplary experience and qualifications in research on and treatment of asbestos-related diseases, 2) have access to an appropriate population of patients with asbestos-related diseases, or 3) are geographically distributed throughout the United States, with special consideration given to areas of high incidence of asbestos-related diseases. The centers would be required to seek to collaborate with at least one medical center of the U.S. Department of Veterans Affairs to provide research benefits and care to veterans who have suffered excessively from asbestos-related diseases, particularly mesothelioma, and to coordinate the research and treatment efforts of the center (including specimen sharing and use of common informatics) with other entities included in the network and with the National Virtual Mesothelioma Registry and Tissue Bank. The centers must offer travel and lodging assistance as necessary to patients. These centers would be required to undergo the peer-review process before being selected by the Director of NIH. The legislation would authorize $10 million in appropriations for each of the fiscal years (FYs) 2008�12.
• The Secretary of Health and Human Services (HHS), acting through the United States Army Medical Research and Materiel Command, would be required to 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. The Secretary of HHS would be required to collaborate with the Director of NIH, the Director of NIOSH, and the head of any other agency, as the Secretary deems appropriate. The legislation would authorize appropriations of such sums as may be necessary for each of the FYs 2008�12.

Status and Outlook

S. 742, the Ban Asbestos in America Act of 2007, was introduced by Senator Patty Murray (D-WA) on March 1, 2007, and was referred to the Senate Committee on Environment and Public Works. On August 2, the Committee reported out the bill with an amendment in the nature of a substitute. The report (S. Rept. 110-189) was filed on October 3 and was passed by the Senate by unanimous consent on October 4. On February 28, 2008, the House Energy and Commerce Subcommittee on Environment and Hazardous Materials held a hearing on the measure. No further action has occurred on this legislation.

H.R. 3285, the Ban Asbestos in America Act of 2007, was introduced by Representative Stephen I. Cohen (D-TN) on August 1, 2007, and was referred to the House Committee on Energy and Commerce. No further action has occurred on this legislation.

H.R. 3339, the Bruce Vento Ban Asbestos and Prevent Mesothelioma Act of 2007, was introduced by Representative Betty McCollum (D-MN) on August 2, 2007, and was referred to the House Committee on Energy and Commerce. No further action has occurred on this legislation.

March 27, 2008