[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