[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3620 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 3620

To amend the Public Health Service 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

                              May 24, 2023

   Ms. Schakowsky (for herself, Ms. Blunt Rochester, Ms. Norton, Ms. 
  Tlaib, Ms. Velazquez, Mr. Grijalva, Mr. Johnson of Georgia, and Ms. 
    Meng) introduced the following bill; which was referred to the 
 Committee on Energy and Commerce, and in addition to the Committee on 
Education and the Workforce, 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 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 2023''.

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. National Resource Center on Beauty Justice.
Sec. 7. Translation of and access to safety data sheets.
Sec. 8. National Resource Center on Salon Worker Health and Safety.

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-8. RESEARCH ON HEALTH DISPARITIES RELATED TO COSMETICS 
              IMPACTING COMMUNITIES OF COLOR.

    ``(a) In General.--The Secretary shall--
            ``(1) conduct, or award grants for, research, including 
        community-based participatory research, relating to 
        epidemiological, clinical, ecological, 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;
                    ``(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
                    ``(D) interventions that reduce exposure to, or 
                harm done by exposure to, unsafe chemicals present in 
                cosmetics used by women and girls of color; and
            ``(2) disseminate the results of the investigations 
        conducted or supported under paragraph (1) to help communities 
        of color 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 
on the website of the Department of Health and Human Services 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) Eligibility.--To be eligible to receive a grant under 
subsection (a), an eligible entity shall be any of the following:
            ``(1) An accredited institution of higher education.
            ``(2) A community-based organization.
            ``(3) A nongovernmental organization with expertise working 
        with communities of color.
    ``(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. 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 3, is further amended by adding at the 
end the following:

``SEC. 399V-9. 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, including 
        community-based participatory research, relating to 
        epidemiological, clinical, ecological, 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;
                    ``(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
                    ``(D) interventions that reduce exposure to, or 
                harm done by 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) Eligibility.--To be eligible to receive a grant under 
subsection (a), an entity shall be any of the following:
            ``(1) An accredited institution of higher education.
            ``(2) A community-based organization.
            ``(3) A nongovernmental organization with expertise working 
        with communities of color or immigrant populations.
    ``(c) 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.
    ``(d) Definition.--In this section, the term `salon worker' means a 
licensed or nonlicensed cosmetologist, nail technician, barber, or 
esthetician who applies or administers a cosmetic within the scope of 
their business practices.
    ``(e) 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 
licensed or nonlicensed 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. NATIONAL RESOURCE CENTER ON BEAUTY JUSTICE.

    (a) In General.--The Secretary of Health and Human Services, acting 
through the Deputy Assistant Secretary for Minority Health, shall award 
a grant to an eligible entity to establish a National Resource Center 
on Beauty Justice for the purpose of addressing unsafe cosmetic 
chemical exposures experienced by--
            (1) women and girls of color;
            (2) men and boys of color;
            (3) immigrant populations;
            (4) language minorities;
            (5) the LGBTQIA community; and
            (6) other underserved populations as determined appropriate 
        by the Deputy Assistant Secretary for Minority Health for 
        purposes of this subsection.
    (b) Eligibility.--To be eligible to receive a grant under 
subsection (a), an eligible entity shall be a community-based or other 
nonprofit organization that--
            (1) has a primary focus on eliminating toxic chemical 
        exposures linked to increasing rates of disease; and
            (2) works with culturally and linguistically diverse 
        minority communities, including populations traditionally 
        underserved due to--
                    (A) their immigration status;
                    (B) geographic location;
                    (C) sexual orientation;
                    (D) gender identity; or
                    (E) language barriers.
    (c) Use of Funds.--The National Resource Center on Beauty Justice 
funded through this section shall use such funds to carry out 
activities and initiatives that are for the purpose described in 
subsection (a) and driven by the needs, opportunities, and priorities 
of communities of color, which may include activities and initiatives 
designed to--
            (1) conduct community outreach and organizing and develop 
        community-based interventions that empower and equip 
        communities of color with the information they need to select 
        safe, non-toxic cosmetics;
            (2) develop and implement outreach, awareness, and 
        education strategies targeted at women and girls of color, men 
        and boys of color, immigrant populations, language minorities, 
        and other underserved populations, to decrease unsafe cosmetic 
        chemical exposures experienced by these populations;
            (3) create or develop collaborative partnerships to educate 
        and train, and create best practices for, relevant stakeholders 
        including nongovernmental organizations, health care 
        professionals, sororities and fraternal organizations, 
        community leaders, professional salon workers, faith leaders, 
        teachers, and leaders from the LGBTQIA community;
            (4) develop educational curricula and outreach strategies 
        for middle and high schools and institutions of higher 
        education that include linguistically, culturally, and 
        community relevant content and suggested interventions for 
        youth populations; or
            (5) create public education campaigns utilizing culturally 
        and linguistically appropriate images and messaging for 
        targeted populations including community members, youth, health 
        care professionals, salon workers, teachers, and other thought 
        leaders.
    (d) Report.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, and annually thereafter, the recipient 
        of the grant under subsection (a) shall submit an annual report 
        to the Secretary of Health and Human Services and the Congress 
        regarding activities carried out pursuant to the grant and an 
        evaluation of the results of the activities.
            (2) Public availability.--The Secretary of Health and Human 
        Services, acting through the Deputy Assistant Secretary for 
        Minority Health, shall make each report under paragraph (1) 
        available to the public by posting a copy of the report on the 
        website of the Office of Minority Health.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $2,000,000 for each of fiscal 
years 2024 through 2028.

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 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 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 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 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.--The term ``professional'' has the 
        meaning given to such term in section 609(c) of the Federal 
        Food, Drug, and Cosmetic Act (21 U.S.C. 364e(c)).

SEC. 8. NATIONAL RESOURCE CENTER ON SALON WORKER HEALTH AND SAFETY.

    (a) In General.--The Secretary of Health and Human Services, acting 
through the Deputy Assistant Secretary for Minority Health, shall award 
a grant to an eligible entity to establish a National Resource Center 
on Salon Worker Health and Safety for the purpose of addressing unsafe 
cosmetic chemical exposures experienced by--
            (1) women and girls of color;
            (2) men and boys of color;
            (3) immigrant populations;
            (4) language minorities;
            (5) the LGBTQIA community; and
            (6) other underserved populations as determined appropriate 
        by the Deputy Assistant Secretary for Minority Health for 
        purposes of this subsection.
    (b) Eligibility.--To be eligible to receive a grant under 
subsection (a), an entity shall be a community-based or other nonprofit 
organization that--
            (1) has a primary focus on eliminating toxic chemical 
        exposures linked to increasing rates of disease; and
            (2) works with culturally and linguistically diverse 
        minority communities, including populations traditionally 
        underserved due to--
                    (A) their immigration status;
                    (B) geographic location;
                    (C) sexual orientation;
                    (D) gender identity; or
                    (E) language barriers.
    (c) Use of Funds.--The National Resource Center on Salon Worker 
Health and Safety funded through this section shall use such funds to 
carry out activities and initiatives that are for the purpose described 
in subsection (a) and driven by the needs, opportunities, and 
priorities of communities of color, which may include activities and 
initiatives designed to--
            (1) develop and disseminate information, educational 
        resources, training, and technical assistance to diverse 
        populations of salon workers;
            (2) conduct culturally appropriate and language-specific 
        salon worker outreach and develop and implement culturally 
        appropriate interventions that empower and equip salon workers 
        with the information they need to select safe, non-toxic hair, 
        nail, and beauty salon products;
            (3) create culturally specific outreach strategies, 
        resource materials, training curricula, and training programs 
        to serve, and build the capacity of, community-based 
        organizations seeking to support culturally diverse and 
        language-diverse populations of professional salon workers; or
            (4) create or develop collaborative partnerships to create, 
        and educate and train regarding, best practices for health care 
        professionals and other relevant stakeholders to identify and 
        treat the negative health impacts experienced by professional 
        salon workers because of toxic cosmetic chemical exposures.
    (d) Report.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, and annually thereafter, the recipient 
        of the grant under subsection (a) shall submit an annual report 
        to the Secretary of Health and Human Services and the Congress 
        regarding activities carried out pursuant to the grant and an 
        evaluation of the results of the activities.
            (2) Public availability.--The Secretary of Health and Human 
        Services, acting through the Deputy Assistant Secretary for 
        Minority Health, shall make each report under paragraph (1) 
        available to the public by posting a copy of the report on the 
        website of the Office of Minority Health.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $2,000,000 for each of fiscal 
years 2024 through 2028.
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