Ban Asbestos in America Act: Prohibition on Asbestos-Containing Materials

(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').