[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5181 Introduced in House (IH)]
110th CONGRESS
2d Session
H. R. 5181
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 29, 2008
Mrs. Maloney of New York (for herself, Ms. Sutton, Mr. McNulty, Ms.
Jackson-Lee of Texas, Ms. Woolsey, and Mr. Abercrombie) 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) According to the Food and Drug Administration, dioxins
are formed as a result of combustion processes such as
commercial and municipal waste incineration and from burning
fuels (like wood, coal, or oil). Dioxins are a byproduct of
chlorine bleaching of pulp and paper.
(4) Tampons currently sold in the United States are
composed of cotton, rayon, or of a combination of cotton and
rayon. Rayon is produced from cellulose fibers derived from
bleached wood pulp.
(5) While bleaching processes that do not produce dioxin in
any amount are available, most wood pulp manufacturers,
currently use elemental-chlorine free bleaching processes. This
process uses chlorine dioxide as a bleaching agent and still
produces dioxins.
(6) The Food and Drug Administration has not explicitly
forbidden the use of chlorine in tampon manufacturing.
(7) Trace amounts of dioxins can also be found in tampons
that use a chlorine-free bleaching process as well as 100
percent cotton tampons as the Environmental Protection Agency
states that due to decades of pollution, dioxin can be found in
the air, water, and ground and thus can be found in both cotton
and wood pulp raw materials used in tampon production.
(8) The effects of dioxin from various sources are
cumulative. 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.
(9) The Food and Drug Administration has historically
relied on data provided by manufacturers of feminine hygiene
products in determining product safety.
(10) Although the Food and Drug Administration currently
requires tampon manufacturers to monitor dioxin levels in their
finished products, they do not generally collect this
information and it is not readily available to the public.
(11) Recent studies have produced conflicting information
about the link between dioxin exposure and increased risks for
endometriosis.
(12) 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.
(13) 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.
(14) 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).
(15) As a result of independent research that showed that
synthetic fiber additives in tampons amplify toxin production,
which is associated with toxic shock syndrome, manufacturers
have ceased to include three of the four synthetic ingredients
once often used to increase tampon absorbency. Highly absorbent
viscose rayon is still used in tampon production.
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 Prevention and Control has
estimated that between one and two of every 100,000 women 15 to
44 years of age will develop the syndrome.
(3) 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. Toxic Shock Syndrome is a nationally
notifiable disease that States report to the Centers for
Disease Prevention and Control, but the reporting by the States
is voluntary.
(4) According to the Council of State and Territorial
Epidemiologists, as of 2006, only 39 States required reporting
of streptococcal and non-streptococcal toxic shock syndrome to
State health officials.
(5) The last active surveillance of toxic shock syndrome
occurred in 1987 only in four States and surveying 12 million
people. National surveillance is conducted through the National
Electronic Telecommunications Systems.
(6) The Centers for Disease Prevention and Control 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 317S the following
section:
``SEC. 317T. COLLECTION AND ANALYSIS OF DATA ON TOXIC SHOCK SYNDROME.
``(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 2008 through 2012.''.
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