[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3293 Introduced in House (IH)]

  2d Session
                                H. R. 3293

To amend title XIV of the Public Health Service Act (commonly known as 
   the Safe Drinking Water Act) to establish a screening program for 
                         estrogenic substances.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 23, 1996

  Mrs. Lowey introduced the following bill; which was referred to the 
                         Committee on Commerce

_______________________________________________________________________

                                 A BILL


 
To amend title XIV of the Public Health Service Act (commonly known as 
   the Safe Drinking Water Act) to establish a screening program for 
                         estrogenic substances.

    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 ``Safe Drinking Water Estrogenic 
Substances Screening Program Act''.

SEC. 2. SAFE DRINKING WATER ACT; ESTABLISHMENT OF SCREENING PROGRAM FOR 
              ESTROGENIC SUBSTANCES.

    Title XIV of the Public Health Service Act (commonly known as the 
Safe Drinking Water Act) (42 U.S.C. 300f et seq.), as amended by Public 
Law 104-66, is amended in section 1442 by adding at the end the 
following subsection:
    ``(f) Screening Program.--
            ``(1) Development.--Not later than 1 year after the date of 
        enactment of this subsection, the Administrator shall develop a 
        screening program, using appropriate validated test systems, to 
        determine whether certain substances may have an effect in 
        humans that is similar to an effect produced by a naturally 
        occurring estrogen, or such other endocrine effect as the 
        Administrator may designate.
            ``(2) Implementation.--Not later than 2 years after the 
        date of enactment of this subsection, after obtaining review of 
        the screening program described in paragraph (1) by the 
        scientific advisory panel established under section 25(d) of 
        the Act of June 25, 1947 (chapter 125), and the Science 
        Advisory Board established by section 8 of the Environmental 
        Research, Development, and Demonstration Act of 1978 (42 U.S.C. 
        4365), the Administrator shall implement the program.
            ``(3) Substances.--In carrying out the screening program 
        described in paragraph (1), the Administrator shall provide for 
        the testing of all active and inert ingredients used in 
        products described in section 103(e) of the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 1980 
        (42 U.S.C. 9603(e)), and may provide for the testing of any 
        other substance if the Administrator determines that a 
        widespread population may be exposed to the substance.
            ``(4) Exemption.--Notwithstanding paragraph (3), the 
        Administrator may, by regulation, exempt from the requirements 
        of this subsection a biologic substance or other substance if 
        the Administrator determines that the substance does not have 
        any effect in humans similar to an effect produced by a 
        naturally occurring estrogen.
            ``(5) Collection of information.--
                    ``(A) In general.--The Administrator shall issue an 
                order to a person that manufactures a substance for 
                which testing is required under this subsection to 
                conduct testing in accordance with the screening 
                program described in paragraph (1), and submit 
                information obtained from the testing to the 
                Administrator, within a time period that the 
                Administrator determines is sufficient for the 
                generation of the information.
                    ``(B) Failure to submit information.--
                            ``(i) Suspension.--If a person referred to 
                        in subparagraph (A) fails to submit the 
                        information required under such subparagraph 
                        within the time period established by the 
                        order, the Administrator shall issue a notice 
                        of intent to suspend the sale or distribution 
                        of the substance by the person. Any suspension 
                        proposed under this subparagraph shall become 
                        final at the end of the 30-day period beginning 
                        on the date that the person receives the notice 
                        of intent to suspend, unless during that period 
                        a person adversely affected by the notice 
                        requests a hearing or the Administrator 
                        determines that the person referred to in 
                        subparagraph (A) has complied fully with this 
                        paragraph.
                            ``(ii) Hearing.--If a person requests a 
                        hearing under clause (i), the hearing shall be 
                        conducted in accordance with section 554 of 
                        title 5, United States Code. The only matter 
                        for resolution at the hearing shall be whether 
                        the person has failed to submit information 
                        required under this paragraph. A decision by 
                        the Administrator after completion of a hearing 
                        shall be considered to be a final agency 
                        action.
                            ``(iii) Termination of suspensions.--The 
                        Administrator shall terminate a suspension 
                        under this subparagraph issued with respect to 
                        a person if the Administrator determines that 
                        the person has complied fully with this 
                        paragraph.
            ``(6) Agency action.--In the case of any substance that is 
        found to have a potential adverse effect on humans as a result 
        of testing and evaluation under this subsection, the 
        Administrator shall take such action, including appropriate 
        regulatory action by rule or by order under statutory authority 
        available to the Administrator, as is necessary to ensure the 
        protection of public health.
            ``(7) Report to congress.--Not later than 4 years after the 
        date of enactment of this subsection, the Administrator shall 
        prepare and submit to Congress a report containing--
                    ``(A) the findings of the Administrator resulting 
                from the screening program described in paragraph (1);
                    ``(B) recommendations for further testing and 
                research needed to evaluate the impact on human health 
                of the substances tested under the screening program; 
                and
                    ``(C) recommendations for any further actions 
                (including any action described in paragraph (6)) that 
                the Administrator determines are appropriate based on 
                the findings.''.
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