[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 373 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 373

   To amend the Public Health Service Act to establish a program of 
research regarding the risks posed by the presence of dioxin, synthetic 
   fibers, and other additives in feminine hygiene products, and to 
 establish a program for the collection and analysis of data on toxic 
                            shock syndrome.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 27, 2003

  Mrs. Maloney (for herself, Ms. Millender-McDonald, Ms. Norton, Mr. 
Kildee, Mr. Lantos, Mr. Hinchey, Mr. Holden, Mr. McNulty, Ms. Lee, Mr. 
Cooper, and Mrs. Christensen) introduced the following bill; which was 
            referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
   To amend the Public Health Service Act to establish a program of 
research regarding the risks posed by the presence of dioxin, synthetic 
   fibers, and other additives in feminine hygiene products, and to 
 establish a program for the collection and analysis of data on toxic 
                            shock syndrome.

    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 ``Robin Danielson Act''.

 TITLE I--RESEARCH REGARDING RISKS POSED BY DIOXIN, SYNTHETIC FIBERS, 
            AND OTHER ADDITIVES IN FEMININE HYGIENE PRODUCTS

SEC. 101. FINDINGS.

    The Congress finds as follows:
            (1) Tampons are used by approximately 73,000,000 women in 
        the United States today, and the average woman may use as many 
        as 16,800 tampons in her lifetime. A woman on estrogen 
        replacement therapy may use as many as 24,360 tampons in her 
        lifetime.
            (2) The Environmental Protection Agency and the 
        International Agency for Research on Cancer, an arm of the 
        World Health Organization, have concluded that dioxins are a 
        probable human carcinogen (cancer causing agent).
            (3) Dioxin is a byproduct of chlorine-bleaching processes 
        used in the manufacture of paper products, including tampons, 
        sanitary pads, panty liners, and diapers.
            (4) While bleaching processes that do not produce dioxin in 
        any amount are available, most pulp and paper manufacturers, 
        which produce the raw materials used in tampons, currently use 
        either elemental-chlorine or chlorine-dioxide bleaching 
        processes. Both of these bleaching processes use chlorine and 
        therefore produce dioxin.
            (5) The effects of dioxin from various sources are 
        cumulative and can be measured 20 to 30 years after exposure. 
        Women may be exposed to dioxin in tampons and other menstrual 
        products for as long as 60 years over the course of their 
        reproductive lives.
            (6) Internal documents of the Food and Drug Administration 
        suggest the agency has not adequately investigated the danger 
        of dioxin in tampons, according to a 1992 staff report of a 
        subcommittee of the Committee on Government Operations of the 
        House of Representatives.
            (7) The Food and Drug Administration has historically 
        relied on data provided by manufacturers of feminine hygiene 
        products in determining product safety.
            (8) Although the Food and Drug Administration currently 
        requires tampon manufacturers to monitor dioxin levels in their 
        finished products, the information is not readily available to 
        the public.
            (9) Recent studies have produced conflicting information 
        about the link between dioxin exposure and increased risks for 
        endometriosis.
            (10) The Environmental Protection Agency has concluded that 
        people with high levels of exposure to dioxins may be at risk 
        for other noncancer effects that could suppress the immune 
        system, increase the risk of pelvic inflammatory disease, 
        reduce fertility, and interfere with fetal and childhood 
        development.
            (11) An independent study in 1991 found that tampons 
        commonly included one or more of the following additives: 
        Chlorine compounds, absorbency enhancers (such as surfactants 
        like polysorbate-20), natural and synthetic fibers (such as 
        cotton, rayon, polyester, and polyacrylate), deodorant, and 
        fragrance.
            (12) Toxic Shock Syndrome (TSS) has been linked to tampon 
        use and the absorbency of the tampon. TSS is a rare bacterial 
        illness that occurs mostly in menstruating women. During 1979 
        and 1980, the syndrome was responsible for at least 55 deaths 
        and 1,066 nonfatal cases.
            (13) In response to a 1988 lawsuit, the Food and Drug 
        Administration has required tampons to be labeled with 
        reference to an absorbency standard (e.g., super tampons must 
absorb between 9 and 12 grams of liquid).
            (14) Independent research has shown that synthetic fiber 
        additives in tampons amplify toxin production, which is 
        associated with toxic shock syndrome.

SEC. 102. NATIONAL INSTITUTES OF HEALTH; RESEARCH ON DIOXIN PURSUANT TO 
              OFFICE OF RESEARCH ON WOMEN'S HEALTH.

    Part F of title IV of the Public Health Service Act (42 U.S.C. 287d 
et seq.) is amended by adding at the end the following section:

``SEC. 486C. CERTAIN PROJECTS REGARDING WOMEN'S HEALTH.

    ``(a) Dioxin in Feminine Hygiene Products.--
            ``(1) In general.--The Director of NIH, in collaboration 
        with the Director of the Office, shall provide for the conduct 
        or support of research to determine the extent to which the 
        presence of dioxin, synthetic fibers, and other additives in 
        tampons and other feminine hygiene products--
                    ``(A) poses any risks to the health of women who 
                use the products, including risks relating to cervical 
                cancer, endometriosis, infertility, ovarian cancer, 
                breast cancer, immune system deficiencies, pelvic 
inflammatory disease, and toxic shock syndrome; and
                    ``(B) poses any risks to the health of children of 
                women who used such products during or before the 
                pregnancies involved, including risks relating to fetal 
                and childhood development.
            ``(2) Requirement regarding data from manufacturers.--
        Research under paragraph (1) shall include research to confirm 
        the data on tampons and other feminine hygiene products 
        submitted to the Commissioner of Food and Drugs by 
        manufacturers of such products.
            ``(3) Definition.--For purposes of paragraph (1), the term 
        `feminine hygiene products' means tampons, pads, liners, and 
        similar products used by women with respect to menstruation or 
        other genital-tract secretions.
    ``(b) Reports.--Reports on the results of research under subsection 
(a) shall be periodically submitted to the Congress, the Commissioner 
of Food and Drugs, the Administrator of the Environmental Protection 
Agency, and the Chairman of the Consumer Product Safety Commission. 
Such reports shall be made available to the public through the data 
system and clearinghouse program established under section 486A, or 
through other appropriate means.''.

   TITLE II--COLLECTION AND ANALYSIS OF DATA ON TOXIC SHOCK SYNDROME

SEC. 201. FINDINGS.

    The Congress finds as follows:
            (1) Of the cases of toxic shock syndrome in the United 
        States, approximately 50 percent are related to tampon use and 
        approximately 50 percent occur in nonmenstruating women and in 
        men and children.
            (2) The Centers for Disease Control and Prevention (CDC) 
        believes that women are at increased risk for developing toxic 
        shock syndrome due to a false sense of security that there is 
        no longer any risk for developing the disease.
            (3) The CDC has estimated that each year such syndrome 
        strikes more than 1,300 individuals. Among women in the age 
        group 12 through 44 who use tampons or barrier contraceptives, 
        between one and two of every 100,000 will develop the syndrome.
            (4) Epidemiological data on cases of toxic shock syndrome 
        are not systematically collected in the United States, and 
        information on cases seldom travels beyond the victim's circle 
        of family and friends.
            (5) The CDC and the States should cooperate to collect and 
        analyze such data. Increasing the amount of information on 
        toxic shock syndrome will lead to increased awareness about the 
        disease in the medical community, and may also lead to an 
        increased understanding of the causes of the syndrome.

SEC. 202. CENTERS FOR DISEASE CONTROL AND PREVENTION; ESTABLISHMENT OF 
              PROGRAM FOR COLLECTION AND ANALYSIS OF DATA ON TOXIC 
              SHOCK SYNDROME.

    Part B of title III of the Public Health Service Act (42 U.S.C. 243 
et seq.) is amended by inserting after section 317O the following 
section:

       ``collection and analysis of data on toxic shock syndrome

    ``Sec. 317P. (a) In General.--The Secretary, acting through the 
Director of the Centers for Disease Control and Prevention, shall carry 
out a program to collect, analyze, and make available data on toxic 
shock syndrome, including data on the causes of such syndrome.
    ``(b) National Incidence and Prevalence.--In carrying out the 
program under subsection (a), the Secretary shall to the extent 
practicable determine the national incidence and prevalence of toxic 
shock syndrome.
    ``(c) Cooperation With States.--The Secretary may carry out the 
program under subsection (a) directly and through grants to States and 
local health departments.
    ``(d) Authorization of Appropriations.--For the purpose of carrying 
out this section, there are authorized to be appropriated such sums as 
may be necessary for each of the fiscal years 2004 through 2008.''.
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