[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5540 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 5540

To amend the Public Health Service Act and the Federal Food, Drug, and 
   Cosmetic Act with respect to cosmetic safety, with an emphasis on 
  communities of color and professional salon workers, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 8, 2021

  Ms. Schakowsky (for herself and Ms. Blunt Rochester) introduced the 
   following bill; which was referred to the Committee on Energy and 
Commerce, and in addition to the Committee on Education and Labor, for 
a period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
To amend the Public Health Service Act and the Federal Food, Drug, and 
   Cosmetic Act with respect to cosmetic safety, with an emphasis on 
  communities of color and professional salon workers, and for other 
                               purposes.

    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 ``Cosmetic Safety for Communities of 
Color and Professional Salon Workers Act of 2021''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents of this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Research on health disparities impacting communities of color.
Sec. 4. Research on health concerns impacting professional nail, hair, 
                            and beauty salon workers.
Sec. 5. Support for creating safer alternatives.
Sec. 6. Professional salon product ingredient disclosure in labeling 
                            and on websites.
Sec. 7. Translation of and access to safety data sheets.
Sec. 8. Interagency Council on Cosmetic Safety.
Sec. 9. Inclusion of communities of color in ingredient review.

SEC. 3. RESEARCH ON HEALTH DISPARITIES IMPACTING COMMUNITIES OF COLOR.

    Part P of title III of the Public Health Service Act (42 U.S.C. 280 
et seq.) is amended by adding at the end the following:

``SEC. 399V-7. RESEARCH ON HEALTH DISPARITIES RELATED TO COSMETICS 
              IMPACTING COMMUNITIES OF COLOR.

    ``(a) In General.--The Secretary shall--
            ``(1) conduct, or award grants for, research relating to 
        basic, epidemiological, and social scientific investigations 
        into--
                    ``(A) the chemicals that are linked to adverse 
                health effects and most commonly found in cosmetics 
                marketed to women and girls of color, including beauty, 
                personal hygiene, and intimate care products;
                    ``(B) the use of cosmetics containing such 
                chemicals by women and girls of color across their 
                lifespans; or
                    ``(C) the specific adverse health effects 
                experienced by women and girls of color from exposure 
                to unsafe chemicals present in cosmetics used by them; 
                and
            ``(2) disseminate the results of the investigations 
        conducted or supported under paragraph (1) to help communities 
        identify and address potentially unsafe chemical exposures in 
        the use of cosmetics.
    ``(b) Report.--Not later than 5 years after awarding the first 
grant under subsection (a), the Secretary shall make publicly available 
and submit to the Committee on Energy and Commerce of the House of 
Representatives and the Committee on Health, Education, Labor, and 
Pensions of the Senate a report on the results of the investigations 
conducted or supported under subsection (a), including--
            ``(1) summary findings on--
                    ``(A) marketing strategies, product categories, and 
                specific cosmetics containing chemicals linked to 
                adverse health effects; and
                    ``(B) the demographics of the populations marketed 
                to and using these cosmetics; and
            ``(2) recommended public health information strategies to 
        reduce potentially unsafe exposures from cosmetics.
    ``(c) Authorization of Appropriations.--To carry out this section, 
there is authorized to be appropriated $7,500,000, for the period of 
fiscal years beginning with the fiscal year including the date of 
enactment of this section and running through the fifth fiscal year 
commencing after such date of enactment.''.

SEC. 4. RESEARCH ON HEALTH CONCERNS IMPACTING PROFESSIONAL NAIL, HAIR, 
              AND BEAUTY SALON WORKERS.

    Part P of title III of the Public Health Service Act (42 U.S.C. 280 
et seq.), as amended by section 4, is further amended by adding at the 
end the following:

``SEC. 399V-8. RESEARCH ON HEALTH CONCERNS IMPACTING PROFESSIONAL NAIL, 
              HAIR, AND BEAUTY SALON WORKERS.

    ``(a) In General.--The Secretary shall--
            ``(1) conduct, or award grants for, research relating to 
        basic, epidemiological, and social scientific investigations 
        into--
                    ``(A) the chemicals that are linked to adverse 
                health effects and most commonly found in cosmetics 
                used by professional nail, hair, and beauty salon 
                workers;
                    ``(B) the types and categories of professional 
                salon products containing such chemicals and the 
                availability of safer alternatives; or
                    ``(C) the specific adverse health effects 
                experienced by professional nail, hair, and beauty 
                salon workers from exposure to unsafe chemicals present 
                in cosmetics used in nail, hair, and beauty salons; and
            ``(2) disseminate the results of the investigations 
        conducted or supported under paragraph (1) to help professional 
        nail, hair, and beauty salon workers identify and eliminate 
        potentially unsafe chemical exposures in their workplace.
    ``(b) Report.--Not later than 5 years after awarding the first 
grant under this section, the Secretary shall make publicly available 
and submit to the Committee on Energy and Commerce of the House of 
Representatives and the Committee on Health, Education, Labor, and 
Pensions of the Senate a report on the results of the investigations 
conducted or supported under subsection (a), including--
            ``(1) summary findings, with respect to professional nail, 
        hair, and beauty salon workers, on--
                    ``(A) chemicals of concern and products and product 
                categories containing ingredients linked to adverse 
                health effects; and
                    ``(B) the demographics of the populations using 
                these products and product categories; and
            ``(2) recommended occupational health information 
        strategies for professional nail, hair, and beauty salon 
        workers to reduce potentially unsafe exposures to cosmetics.
    ``(c) Definitions.--In this section:
            ``(1) The term `ingredient' means an intentionally added 
        chemical in a cosmetic that has a technical or functional 
        effect, including--
                    ``(A) the breakdown products of an intentionally 
                added chemical that also have a functional or technical 
                effect in the cosmetic;
                    ``(B) a fragrance, flavor, preservative, or 
                colorant (and the components thereof); and
                    ``(C) any individual component that the Secretary 
                deems an ingredient for purposes of this section.
            ``(1) The term `salon worker' means a cosmetologist, nail 
        technician, barber, or esthetician who applies or administers a 
        cosmetic within the scope of their business practices.
    ``(d) Authorization of Appropriations.--To carry out this section, 
there is authorized to be appropriated $7,500,000, for the period of 
fiscal years beginning with the fiscal year including the date of 
enactment of this section and running through the fifth fiscal year 
commencing after such date of enactment.''.

SEC. 5. SUPPORT FOR CREATING SAFER ALTERNATIVES.

    (a) In General.--The Secretary of Health and Human Services (in 
this section referred to as the ``Secretary''), acting through the 
Commissioner of Food and Drugs, in consultation with the Administrator 
of the Environmental Protection Agency, shall award grants to support 
research focused on the design of cosmetic chemicals that have no 
inherent toxicity or association with adverse health effects.
    (b) Priority.--In awarding grants under subsection (a), the 
Secretary shall give priority to applicants proposing to focus on--
            (1) replacing chemicals in professional cosmetic products 
        used by professional nail, hair, and beauty salon workers with 
        chemicals that are not associated with adverse health events;
            (2) replacing chemicals in cosmetic products marketed to 
        women and girls of color, including any such beauty, personal 
        hygiene, and intimate care products, with chemicals that are 
        not associated with adverse health events; or
            (3) providing assistance in creating safer product 
        formulations to minority-owned cosmetic companies that are 
        manufacturing and marketing cosmetic products to women or girls 
        of color or professional nail, hair, and beauty salon workers.
    (c) Definition.--In this section, the term ``salon worker'' means a 
cosmetologist, nail technician, barber, or esthetician who applies or 
administers a cosmetic within the scope of their business practices.
    (d) Authorization of Appropriations.--To carry out this section, 
there is authorized to be appropriated $10,000,000 for the period of 
fiscal years beginning with the fiscal year including the date of 
enactment of this section and running through the fifth fiscal year 
commencing after such date of enactment.

SEC. 6. PROFESSIONAL SALON PRODUCT INGREDIENT DISCLOSURE IN LABELING 
              AND ON WEBSITES.

    (a) In General.--Chapter VI of the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 361 et seq.) is amended by adding at the end the 
following:

``SEC. 604. PROFESSIONAL SALON PRODUCT INGREDIENT DISCLOSURE IN 
              LABELING AND ON WEBSITES.

    ``(a) In General.--The Secretary shall require that--
            ``(1) the label on each package of cosmetics for 
        professional use bears a declaration of the name of each 
        ingredient in such cosmetic in descending order of 
        predominance; and
            ``(2) the internet website of any company manufacturing, 
        distributing, or selling cosmetics for professional use bears a 
        declaration of the name of each ingredient in each such 
        cosmetic in descending order of predominance.
    ``(b) Adjustments for Label Size.--
            ``(1) Rules for small products.--Not later than 6 months 
        after the date of the enactment of this section, the Secretary 
        shall issue regulations that apply to any cosmetic for which 
        the packaging is not of sufficient size to bear a label that 
        meets the requirements of subsection (a).
            ``(2) Requirements for disclosing to customers and 
        clients.--The regulations under paragraph (1) shall establish 
        requirements for listing ingredients on the label of such 
        cosmetics and additional requirements, as appropriate.
    ``(c) Definition.--In this section:
            ``(1) Ingredient.--The term `ingredient' means an 
        intentionally added chemical in a cosmetic that has a technical 
        or functional effect, including--
                    ``(A) the breakdown products of an intentionally 
                added chemical that also have a functional or technical 
                effect in the cosmetic;
                    ``(B) a fragrance, flavor, preservative, or 
                colorant (and the components thereof); and
                    ``(C) any individual component that the Secretary 
                deems an ingredient for purposes of this section.
            ``(2) Professional use.--The term `professional use' 
        means--
                    ``(A) the application of a cosmetic to a human 
                customer or client that is intended only for use by an 
                employee or contractor, in settings such as 
                cosmetology, nail care, barbering, esthetics, spa, and 
                other professions as determined by the Secretary 
                through regulation; or
                    ``(B) the use by, or application to a human of a 
                cosmetic purchased from a hair salon, nail salon, 
                beauty salon, spa, or other establishment that provides 
                cosmetic treatment services for humans.''.
    (b) Misbranding.--Section 602 of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 362) is amended by adding at the end the 
following:
    ``(g) If it is not labeled as required under section 604(a)(1).''.
    (c) Prohibited Act.--Section 301 of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the 
following:
    ``(fff) The failure to post a declaration on the internet website 
of any company manufacturing, distributing, or selling cosmetics for 
professional use as required under section 604(a)(2).''.
    (d) Applicability.--Sections 604, 602(g), and 301(fff) of the 
Federal Food, Drug, and Cosmetic Act, as added by this section, shall 
apply beginning on a date that is determined by the Commissioner of 
Food and Drugs, but is not later than 18 months after the date of 
enactment of this Act.

SEC. 7. TRANSLATION OF AND ACCESS TO SAFETY DATA SHEETS.

    (a) In General.--Not later than 18 months after the date of 
enactment of this Act, the Secretary of Labor shall issue a standard 
under section 6 of the Occupational Safety and Health Act of 1970 (29 
U.S.C. 655) that requires the following:
            (1) Each manufacturer or importer selling any cosmetic for 
        professional use shall--
                    (A) obtain or develop a safety data sheet described 
                in subsection (b) for each such cosmetic or personal 
                care product that--
                            (i) the manufacturer or importer produces 
                        or imports; and
                            (ii) includes a hazardous chemical, or a 
                        product ingredient associated with any chemical 
                        hazard, that is classified as a health hazard 
                        in accordance with the criteria found in 
                        section 1910.1200(d) of title 29 of the Code of 
                        Federal Regulations, and any successor 
                        regulations; and
                    (B) make the safety data sheet available on the 
                manufacturer or importer's website (in addition to any 
                other required manner of making such sheet available) 
                to distributors and employers, including owners of 
                hair, nail, and beauty salons or spas or other 
                establishments that provide cosmetic services for 
                humans, in English, Spanish, Vietnamese, Chinese, 
                Korean, and upon request other languages.
            (2) Each distributor of a cosmetic or personal care product 
        for professional use shall distribute and provide safety data 
        sheets described in subsection (b) in the same manner as a 
        distributor of a chemical hazard is required to distribute and 
        provide safety data sheets under section 1910.1200(g) of title 
        29, Code of Federal Regulations, or any successor regulations.
            (3) Each employer, including any operator of a salon or 
        other establishment described in paragraph (1)(B), shall--
                    (A) have a safety data sheet in the workplace for 
                each cosmetic or personal care product for professional 
                use that is used in the course of the employer's 
                business;
                    (B) make such safety data sheet available to all 
                employees of the employer who are exposed or use the 
                product to the same extent and in the same manner as 
                safety data sheets are required to be made available 
                under section 1910.1200(g) of title 29, Code of Federal 
                Regulations, or any successor regulations; and
                    (C) upon request, provide employees with 
                translations of such safety data sheet in other 
                languages, including Spanish, Vietnamese, Chinese, 
                Korean, and upon request other languages.
    (b) Contents of Safety Data Sheet.--A safety data sheet for a 
cosmetic or personal care product for professional use described in 
this section shall--
            (1) contain the information required in a safety data sheet 
        under section 1910.1200(g) of title 29, Code of Federal 
        Regulations, or any successor regulations, for each hazardous 
        chemical, or product ingredient associated with any chemical 
        hazard, described in subsection (a)(1)(A)(ii); and
            (2) include the following statement: ``This safety data 
        sheet is also available in multiple languages by contacting the 
        manufacturer, using the contact information provided on this 
        sheet.''.
    (c) Definitions.--In this section:
            (1) Ingredient.--The term ``ingredient'' means an 
        intentionally added chemical in a cosmetic that has a technical 
        or functional effect, including--
                    (A) the breakdown products of an intentionally 
                added chemical that also have a functional or technical 
                effect in the cosmetic;
                    (B) a fragrance, flavor, preservative, or colorant 
                (and the components thereof); and
                    (C) any individual component that the Secretary 
                deems an ingredient for purposes of this section.
            (2) Manufacturer.--The term ``manufacturer'' means the 
        entity that produces ingredients or combines one or more 
        ingredients to produce a cosmetic product.
            (3) Professional use defined.--The term ``professional 
        use'' has the meaning given to such term in section 604 of the 
        Federal Food, Drug, and Cosmetic Act, as added by section 6.

SEC. 8. INTERAGENCY COUNCIL ON COSMETIC SAFETY.

    (a) In General.--The Secretary of Health and Human Services shall 
establish and maintain an Interagency Council on Cosmetic Safety for 
the purpose of sharing data and promoting collaboration on cosmetic 
safety and generating solutions to address the adverse health effects 
experienced by women and girls of color and professional nail, hair, 
and beauty salon workers because of using or working with unsafe 
chemicals in cosmetics and personal care products.
    (b) Composition.--The members of the Interagency Council shall 
consist of the following:
            (1) The Commissioner of Food and Drugs (or the 
        Commissioner's designee).
            (2) The Director of the National Institute of Environmental 
        Health Sciences (or the Director's designee).
            (3) The Director of the Centers for Disease Control and 
        Prevention (or the Director's designee).
            (4) The Assistant Secretary of Labor for Occupational 
        Safety and Health (or the Assistant Secretary's designee).
            (5) The Administrator of the Environmental Protection 
        Agency (or the Administrator's designee).
            (6) The Administrator of the Small Business Administration 
        (or the Administrator's designee).
            (7) The Secretary of Labor (or the Secretary's designee).
    (c) Use of Data From Federal Sources.--For purposes of this 
section, the Secretary, as appropriate, shall request and utilize 
ingredient and cosmetic toxicity, use, and exposure data from other 
Federal agencies.
    (d) Report.--Not later than 1 year after the date of enactment of 
this Act, the Secretary shall make publicly available and submit to the 
Committee on Energy and Commerce of the House of Representatives and 
the Committee on Health, Education, Labor, and Pensions of the Senate a 
report including--
            (1) a summary of data shared with the Interagency Council 
        by other Federal agencies;
            (2) a listing and description of the Secretary's use of 
        ingredient, toxicity, and exposure data from other Federal 
        agencies that was found to be relevant to cosmetic use; and
            (3) recommended research, occupational health, small 
        business assistance, public information, and other strategies 
        to reduce potentially unsafe exposures to cosmetic chemicals.
    (e) Definitions.--In this section:
            (1) The term ``ingredient'' means an intentionally added 
        chemical in a cosmetic that has a technical or functional 
        effect, including--
                    (A) the breakdown products of an intentionally 
                added chemical that also have a functional or technical 
                effect in the cosmetic;
                    (B) a fragrance, flavor, preservative, or colorant 
                (and the components thereof); and
                    (C) any individual component that the Secretary 
                deems an ingredient for purposes of section.
            (2) The term ``Interagency Council'' means the Interagency 
        Council on Cosmetic Safety.
            (3) The term ``salon worker'' means a cosmetologist, nail 
        technician, barber, or esthetician who applies or administers a 
        cosmetic within the scope of their business practices.
            (4) The term ``Secretary'' means the Secretary of Health 
        and Human Services.

SEC. 9. INCLUSION OF COMMUNITIES OF COLOR IN INGREDIENT REVIEW.

    Chapter VI of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
361 et seq.), as amended by section 6, is further amended by adding at 
the end the following:

``SEC. 605. INCLUSION OF COMMUNITIES OF COLOR IN INGREDIENT REVIEW.

    ``(a) In General.--The Secretary shall establish and implement a 
process to evaluate cosmetics (including nonfunctional constituents and 
ingredients) marketed to and used by women and girls of color to ensure 
that such cosmetics are in full compliance with the requirements of 
this chapter.
    ``(b) Process Requirements.--This process established under 
subsection (a) shall include--
            ``(1) issuing guidance on the process;
            ``(2) selecting cosmetics, nonfunctional constituents, and 
        ingredients for evaluation under such process, including those 
        linked to adverse health effects in women and girls of color;
            ``(3) review of the relevant scientific evidence, clinical 
        studies, data, or other information; and
            ``(4) convening a public meeting with respect to each 
        cosmetic, nonfunctional constituent, and ingredient that is 
        selected for evaluation.
    ``(c) Advisory Committee.--
            ``(1) In general.--The Secretary shall maintain a permanent 
        advisory committee to advise the Secretary in connection with 
        the process under this section.
            ``(2) Membership.--The members of such advisory committee 
        shall include--
                    ``(A) the Deputy Assistant Secretary for Minority 
                Health (or the Deputy Assistant Secretary's designee); 
                and
                    ``(B) individuals from nonprofit organizations 
                representing women of color and professional nail, 
                hair, and beauty salon workers.
    ``(d) Definitions.--In this section:
            ``(1) The term `ingredient' has the meaning given to such 
        term in section 604.
            ``(2) The term `nonfunctional constituent' means a chemical 
        that has no functional or technical effect on the product or 
        ingredient and is present--
                    ``(A) as an incidental component of an 
                intentionally added ingredient;
                    ``(B) as a breakdown product of an intentionally 
                added ingredient;
                    ``(C) as a byproduct of the manufacturing process;
                    ``(D) due to the storage of primary substances; or
                    ``(E) due to the instability of the packaging.
            ``(3) The term `salon worker' means a cosmetologist, nail 
        technician, barber, or esthetician who applies or administers a 
        cosmetic within the scope of their business practices.''.
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