[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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