[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2715 Reported in House (RH)]
<DOC>
Union Calendar No. 613
119th CONGRESS
2d Session
H. R. 2715
[Report No. 119-705]
To amend the Federal Food, Drug, and Cosmetic Act to extend the
destruction authority of the Secretary of Health and Human Services to
articles that present a significant public health concern, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 8, 2025
Mr. Higgins of Louisiana (for himself and Mr. Carter of Louisiana)
introduced the following bill; which was referred to the Committee on
Energy and Commerce
June 18, 2026
Additional sponsors: Mr. Weber of Texas, Mr. Nehls, Ms. Letlow, Mr.
Murphy, Mr. Steube, Mr. Haridopolos, Mr. Ezell, Mr. Bilirakis, Mrs.
Kiggans of Virginia, Mr. Davis of North Carolina, Ms. DeLauro, Mr.
Rutherford, Mr. Fields, Ms. Mace, Mrs. Cammack, Mr. Carter of Georgia,
and Mr. Moore of Alabama
June 18, 2026
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on April
8, 2025]
_______________________________________________________________________
A BILL
To amend the Federal Food, Drug, and Cosmetic Act to extend the
destruction authority of the Secretary of Health and Human Services to
articles that present a significant public health concern, 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 ``Destruction of Hazardous Imports
Act''.
SEC. 2. DESTRUCTION OF CERTAIN REFUSED ARTICLES.
(a) In General.--Section 801 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 381) is amended by adding at the end the
following:
``(v) Destruction of Refused Articles Presenting Significant Public
Health Concerns.--
``(1) In general.--If the Secretary of Health and Human
Services finds that an article that has been refused admission
under subsection (a) presents a significant public health
concern, the Secretary may issue to the owner or consignee of
the article an order to destroy the article, without the
opportunity for export.
``(2) Deadline; costs.--Not later than 90 days after the
issuance of an order under paragraph (1), the owner or
consignee of the article shall destroy the article. The owner
or consignee shall be responsible for the costs of such
destruction.
``(3) Due process.--The Secretary of Health and Human
Services shall provide to the owner or consignee of an article
subject to an order under paragraph (1) appropriate due process
prior to the destruction of the article. Such due process shall
be specified in regulations and include notice and an
opportunity to appear before the Secretary and introduce
testimony on the destruction--
``(A) in combination with the notice and
opportunity to appear and introduce testimony on the
refusal of admission of the article under subsection
(a); or
``(B) separately.''.
(b) Prohibited Acts.--Section 301 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the
following:
``(jjj) The unauthorized movement, or introduction or delivery for
introduction into interstate commerce, including export, of an article
that is subject to an order for destruction under section 801(v).''.
(c) Applicability.--The amendments made by subsections (a) and (b)
shall apply to articles beginning on the date that is 30 days after the
date on which the Secretary of Health and Human Services, acting
through the Commissioner of Food and Drugs, promulgates final
regulations under subsection (d).
(d) Regulations.--
(1) Proposed.--Not later than 18 months after the date of
enactment of this Act, the Secretary of Health and Human
Services, acting through the Commissioner of Food and Drugs,
shall issue proposed regulations to implement the amendment
made by subsection (a), allowing for notice and comment on such
proposed regulations.
(2) Final.--Not later than 1 year after the issuance of the
proposed regulations under paragraph (1), the Secretary of
Health and Human Services, acting through the Commissioner of
Food and Drugs, shall promulgate final regulations to implement
the amendment made by subsection (a).
Union Calendar No. 613
119th CONGRESS
2d Session
H. R. 2715
[Report No. 119-705]
_______________________________________________________________________
A BILL
To amend the Federal Food, Drug, and Cosmetic Act to extend the
destruction authority of the Secretary of Health and Human Services to
articles that present a significant public health concern, and for
other purposes.
_______________________________________________________________________
June 18, 2026
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed