,i #aaith ,,congress #ast ,session ,h4 ,r4 #ddcf ,,in ,,the ,,house ,,of ,,representatives ,july #af1 #bjbe,ms4 ,schakowsky 7for herself1 ,ms4 ,pressley1 ,mrs4 ,dingell1 ,mr4 ,evans of ,pennsylvania1 ,mr4 ,khanna1 ,ms4 ,norton1 ,mr4 ,thanedar1 ,ms4 ,tlaib1 and ,mrs4 ,watson ,coleman7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce1 and in addition to the ,committee on ,education and ,workforce1 for a period to be subsequently determined by the ,speaker1 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 safety1 with an emphasis on communities of color and professional salon workers1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,cosmetic ,safety for ,communities of ,color and ,professional ,salon ,workers ,act of #bjbe4 #b4 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title4 ,sec4 #b4 ,table of contents4 ,sec4 #c4 ,research on health disparities impacting communities of color4 ,sec4 #d4 ,research on health concerns impacting professional nail1 hair1 and beauty salon workers4 ,sec4 #e4 ,support for creating safer alternatives4 ,sec4 #f4 ,national ,resource ,center on ,beauty ,justice4 ,sec4 #g4 ,translation of and access to safety data sheets4 ,sec4 #h4 ,national ,resource ,center on ,salon ,worker ,health and ,safety4 ,sec4 #i4 ,food and ,drug ,administration regulation of synthetic braids4 #c4 ,research on health disparities impacting communities of color ,part ,p of title ,,iii of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bhj et seq47 is amended by adding at the end the following3 #cii,v-#h4 ,research on health disparities related to cosmetics impacting communities of color 7a7 ,in general ,the ,secretary shall-- 7#a7 conduct1 or award grants for1 research1 including community-based participatory research1 relating to epidemiological1 clinical1 ecological1 and social scientific investigations into-- 7,a7 the chemicals that are linked to adverse health effects and most commonly found in cosmetics marketed to women and girls of color1 including beauty1 personal hygiene1 and intimate care products2 7,b7 the use of cosmetics containing such chemicals by women and girls of color across their lifespans2 7,c7 the specific adverse health effects experienced by women and girls of color from exposure to unsafe chemicals present in cosmetics used by them2 and 7,d7 interventions that reduce exposure to1 or harm done by exposure to1 unsafe chemicals present in cosmetics used by women and girls of color2 and 7#b7 disseminate the results of the investigations conducted or supported under paragraph 7#a7 to help communities of color identify and address potentially unsafe chemical exposures in the use of cosmetics4 7b7 ,report ,not later than #e years after awarding the first grant under subsection 7a71 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 ,health1 ,education1 ,labor1 and ,pensions of the ,senate a report on the results of the investigations conducted or supported under subsection 7a71 including-- 7#a7 summary findings on-- 7,a7 marketing strategies1 product categories1 and specific cosmetics containing chemicals linked to adverse health effects2 and 7,b7 the demographics of the populations marketed to and using these cosmetics2 and 7#b7 recommended public health information strategies to reduce potentially unsafe exposures from cosmetics4 7c7 ,eligibility ,to be eligible to receive a grant under subsection 7a71 an eligible entity shall be any of the following3 7#a7 ,an accredited institution of higher education4 7#b7 ,a community-based organization4 7#c7 ,a nongovernmental organization with expertise working with communities of color4 7d7 ,authorization of appropriations ,to carry out this section1 there is authorized to be appropriated #g1ejj1jjj1 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 enactment4 4 #d4 ,research on health concerns impacting professional nail1 hair1 and beauty salon workers ,part ,p of title ,,iii of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bhj et seq471 as amended by section #c1 is further amended by adding at the end the following3 #cii,v-#i4 ,research on health concerns impacting professional nail1 hair1 and beauty salon workers 7a7 ,in general ,the ,secretary shall-- 7#a7 conduct1 or award grants for1 research1 including community-based participatory research1 relating to epidemiological1 clinical1 ecological1 and social scientific investigations into-- 7,a7 the chemicals that are linked to adverse health effects and most commonly found in cosmetics used by professional nail1 hair1 and beauty salon workers2 7,b7 the types and categories of professional salon products containing such chemicals and the availability of safer alternatives2 7,c7 the specific adverse health effects experienced by professional nail1 hair1 and beauty salon workers from exposure to unsafe chemicals present in cosmetics used in nail1 hair1 and beauty salons2 and 7,d7 interventions that reduce exposure to1 or harm done by exposure to1 unsafe chemicals present in cosmetics used in nail1 hair1 and beauty salons2 and 7#b7 disseminate the results of the investigations conducted or supported under paragraph 7#a7 to help professional nail1 hair1 and beauty salon workers identify and eliminate potentially unsafe chemical exposures in their workplace4 7b7 ,eligibility ,to be eligible to receive a grant under subsection 7a71 an entity shall be any of the following3 7#a7 ,an accredited institution of higher education4 7#b7 ,a community-based organization4 7#c7 ,a nongovernmental organization with expertise working with communities of color or immigrant populations4 7c7 ,report ,not later than #e years after awarding the first grant under this section1 the ,secretary shall make publicly available and submit to the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate a report on the results of the investigations conducted or supported under subsection 7a71 including-- 7#a7 summary findings1 with respect to professional nail1 hair1 and beauty salon workers1 on-- 7,a7 chemicals of concern and products and product categories containing ingredients linked to adverse health effects2 and 7,b7 the demographics of the populations using these products and product categories2 and 7#b7 recommended occupational health information strategies for professional nail1 hair1 and beauty salon workers to reduce potentially unsafe exposures to cosmetics4 7d7 ,definition ,in this section1 the term salon worker means a licensed or nonlicensed cosmetologist1 nail technician1 barber1 or esthetician who applies or administers a cosmetic within the scope of their business practices4 7e7 ,authorization of appropriations ,to carry out this section1 there is authorized to be appropriated #g1ejj1jjj1 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 enactment4 4 #e4 ,support for creating safer alternatives 7a7 ,in general ,the ,secretary of ,health and ,human ,services 7in this section referred to as the ,secretary71 acting through the ,commissioner of ,food and ,drugs1 shall award grants to support research focused on the design of cosmetic chemicals that have no inherent toxicity or association with adverse health effects4 7b7 ,priority ,in awarding grants under subsection 7a71 the ,secretary shall give priority to applicants proposing to focus on-- 7#a7 replacing chemicals in professional cosmetic products used by professional nail1 hair1 and beauty salon workers with chemicals that are not associated with adverse health events2 7#b7 replacing chemicals in cosmetic products marketed to women and girls of color1 including any such beauty1 personal hygiene1 and intimate care products1 with chemicals that are not associated with adverse health events2 or 7#c7 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 nail1 hair1 and beauty salon workers4 7c7 ,definition ,in this section1 the term salon worker means a licensed or nonlicensed cosmetologist1 nail technician1 barber1 or esthetician who applies or administers a cosmetic within the scope of their business practices4 7d7 ,authorization of appropriations ,to carry out this section1 there is authorized to be appropriated #aj1jjj1jjj 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 enactment4 #f4 ,national ,resource ,center on ,beauty ,justice 7a7 ,in general ,the ,secretary of ,health and ,human ,services 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-- 7#a7 women and girls of color2 7#b7 men and boys of color2 7#c7 immigrant populations2 7#d7 language minorities2 7#e7 the ,,lgbtqia community2 and 7#f7 other underserved populations as determined appropriate by the ,secretary of ,health and ,human ,services for purposes of this subsection4 7b7 ,eligibility ,to be eligible to receive a grant under subsection 7a71 an eligible entity shall be a community-based or other nonprofit organization that-- 7#a7 has a primary focus on eliminating toxic chemical exposures linked to increasing rates of disease2 and 7#b7 works with culturally and linguistically diverse minority communities1 including populations traditionally underserved due to-- 7,a7 their immigration status2 7,b7 geographic location2 7,c7 sexual orientation2 7,d7 gender identity2 or 7,e7 language barriers4 7c7 ,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 7a7 and driven by the needs1 opportunities1 and priorities of communities of color1 which may include activities and initiatives designed to-- 7#a7 conduct community outreach and organizing and develop community-based interventions that empower and equip communities of color with the information they need to select safe1 non-toxic cosmetics2 7#b7 develop and implement outreach1 awareness1 and education strategies targeted at women and girls of color1 men and boys of color1 immigrant populations1 language minorities1 and other underserved populations1 to decrease unsafe cosmetic chemical exposures experienced by these populations2 7#c7 create or develop collaborative partnerships to educate and train1 and create best practices for1 relevant stakeholders including nongovernmental organizations1 health care professionals1 sororities and fraternal organizations1 community leaders1 professional salon workers1 brand owners1 faith leaders1 teachers1 and leaders from the ,,lgbtqia community2 7#d7 develop educational curricula and outreach strategies for middle and high schools and institutions of higher education that include linguistically1 culturally1 and community relevant content and suggested interventions for youth populations2 or 7#e7 create public education campaigns utilizing culturally and linguistically appropriate images and messaging for targeted populations including community members1 youth1 health care professionals1 salon workers1 teachers1 and other thought leaders4 7d7 ,report 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 and annually thereafter1 the recipient of the grant under subsection 7a7 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 activities4 7#b7 ,public availability ,the ,secretary of ,health and ,human ,services shall make each report under paragraph 7#a7 available to the public by posting a copy of the report on the website of the ,office of ,minority ,health4 7e7 ,authorization of ,appropriations ,there is authorized to be appropriated to carry out this section #b1jjj1jjj for each of fiscal years #bjbf through #bjcj4 #g4 ,translation of and access to safety data sheets 7a7 ,in general ,not later than #ah months after the date of enactment of this ,act1 the ,secretary of ,labor shall issue a standard under section #f of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fee7 that requires the following3 7#a7 ,each manufacturer or importer selling any cosmetic for professional use shall-- 7,a7 obtain or develop a safety data sheet described in subsection 7b7 for each such cosmetic that-- 7i7 the manufacturer or importer produces or imports2 and 7ii7 includes a hazardous chemical1 or a product ingredient associated with any chemical hazard1 that is classified as a health hazard in accordance with the criteria found in section #aiaj4abjj7;d7 of title #bi of the ,code of ,federal ,regulations1 and any successor regulations2 and 7,b7 make the safety data sheet available on the manufacturer or importer's website 7in addition to any other required manner of making such sheet available7 to distributors and employers1 including owners of hair1 nail1 and beauty salons or spas or other establishments that provide cosmetic services for humans1 in ,english1 ,spanish1 ,vietnamese1 ,chinese1 ,korean1 and upon request other languages4 7#b7 ,each distributor of a cosmetic for professional use shall distribute and provide safety data sheets described in subsection 7b7 in the same manner as a distributor of a chemical hazard is required to distribute and provide safety data sheets under section #aiaj4abjj7;g7 of title #bi1 ,code of ,federal ,regulations1 or any successor regulations4 7#c7 ,each employer1 including any operator of a salon or other establishment described in paragraph 7#a77;,b71 shall-- 7,a7 have a safety data sheet in the workplace for each cosmetic for professional use that is used in the course of the employer's business2 7,b7 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 #aiaj4abjj7;g7 of title #bi1 ,code of ,federal ,regulations1 or any successor regulations2 and 7,c7 upon request1 provide employees with translations of such safety data sheet in other languages1 including ,spanish1 ,vietnamese1 ,chinese1 ,korean1 and upon request other languages4 7b7 ,contents of safety data sheet ,a safety data sheet for a cosmetic for professional use described in this section shall-- 7#a7 contain the information required in a safety data sheet under section #aiaj4abjj7;g7 of title #bi1 ,code of ,federal ,regulations1 or any successor regulations1 for each hazardous chemical1 or product ingredient associated with any chemical hazard1 described in subsection 7a77#a77;,a77ii72 and 7#b7 include the following statement3 ,this safety data sheet is also available in multiple languages by contacting the manufacturer1 using the contact information provided on this sheet44 7c7 ,definitions ,in this section3 7#a7 ,ingredient ,the term ingredient means an intentionally added chemical in a cosmetic that has a technical or functional effect1 including-- 7,a7 the breakdown products of an intentionally added chemical that also have a functional or technical effect in the cosmetic2 7,b7 a fragrance1 flavor1 preservative1 or colorant 7and the components thereof72 and 7,c7 any individual component that the ,secretary deems an ingredient for purposes of this section4 7#b7 ,manufacturer ,the term manufacturer means the entity that produces ingredients or combines one or more ingredients to produce a cosmetic product4 7#c7 ,professional ,the term professional has the meaning given to such term in section #fji7;c7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cfd;e7c774 #h4 ,national ,resource ,center on ,salon ,worker ,health and ,safety 7a7 ,in general ,the ,secretary of ,health and ,human ,services 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-- 7#a7 women and girls of color2 7#b7 men and boys of color2 7#c7 immigrant populations2 7#d7 language minorities2 7#e7 the ,,lgbtqia community2 and 7#f7 other underserved populations as determined appropriate by ,secretary of ,health and ,human ,services for purposes of this subsection4 7b7 ,eligibility ,to be eligible to receive a grant under subsection 7a71 an entity shall be a community-based or other nonprofit organization that-- 7#a7 has a primary focus on eliminating toxic chemical exposures linked to increasing rates of disease2 and 7#b7 works with culturally and linguistically diverse minority communities1 including populations traditionally underserved due to-- 7,a7 their immigration status2 7,b7 geographic location2 7,c7 sexual orientation2 7,d7 gender identity2 or 7,e7 language barriers4 7c7 ,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 7a7 and driven by the needs1 opportunities1 and priorities of professional salon workers1 which may include activities and initiatives designed to-- 7#a7 develop and disseminate information1 educational resources1 training1 and technical assistance to diverse populations of salon workers1 including a visual guide1 training program1 and instructional video to teach salon workers how to read and understand safety data sheets2 7#b7 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 safe1 non-toxic hair1 nail1 and beauty salon products2 7#c7 create culturally specific outreach strategies1 resource materials1 training curricula1 and training programs to serve1 and build the capacity of1 community-based organizations seeking to support culturally diverse and language-diverse populations of professional salon workers2 or 7#d7 create or develop collaborative partnerships to create1 and educate and train regarding1 best practices for health care professionals1 brand owners1 and other relevant stakeholders to identify and treat the negative health impacts experienced by professional salon workers because of toxic cosmetic chemical exposures4 7d7 ,report 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 and annually thereafter1 the recipient of the grant under subsection 7a7 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 activities4 7#b7 ,public availability ,the ,secretary of ,health and ,human ,services shall make each report under paragraph 7#a7 available to the public by posting a copy of the report on the website of the ,food and ,drug ,administration4 7e7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #b1jjj1jjj for each of fiscal years #bjbf through #bjcj #i4 ,food and ,drug ,administration regulation of synthetic braids 7a7 ,inclusion in definition of cosmetic ,section #bja7;i7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cba7;i77 is amended by striking the appearance and inserting the appearance 7including synthetic braids74 7b7 ,misbranded ,section #fjb of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cfb7 is amended by adding at the end the following3 7g7 ,if it is a set of synthetic braids that do not meet the safety standards required by section #i of the ,cosmetic ,safety for ,communities of ,color and ,professional ,salon ,workers ,act of #bjbe and the labeling and packaging of the synthetic braids-- 7#a7 does not display a warning label with the following statement3 ,this product does not meet the ,,fda's standard of safety for synthetic braids42 or 7#b7 such warning is not displayed on the website of the manufacturer of the synthetic braids4 4 7c7 ,non-,preemption ,section #fad7;b7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cfd;j7b77 is amended to read as follows3 7b7 ,limitations 7#a7 ,in general ,notwithstanding subsection 7a71 nothing in this section shall be construed to prevent any ,state 7or a political subdivision thereof7 from-- 7,a7 prohibiting the use or limiting the amount of an ingredient in a cosmetic product2 7,b7 continuing to implement a requirement of such ,state 7or a political subdivision thereof7 that is in effect at the time of enactment of the ,modernization of ,cosmetics ,regulation ,act of #bjbb for the reporting to the ,state 7or a political subdivision thereof7 of an ingredient in a cosmetic product2 or 7,c7 implementing a requirement of such ,state 7or a political subdivision thereof7 that provides for greater transparency1 disclosure1 or protection with respect to synthetic braids than the requirements established under the amendments made by the ,cosmetic ,safety for ,communities of ,color and ,professional ,salon ,workers ,act of #bjbe 7or continuing to implement any such requirement that is in effect as of the date of the enactment of such ,act74 7#b7 ,modernization of ,cosmetics ,regulation ,act of #bjbb ,nothing in the amendments to this ,act made by the ,modernization of ,cosmetics ,regulation ,act of #bjbb shall be construed to preempt any ,state statute1 public initiative1 referendum1 regulation1 or other ,state action1 except as expressly provided in subsection 7a74 4 7d7 ,regulations ,not later than #a year after the date of the enactment of this ,act1 the ,secretary of ,health and ,human ,services1 acting through the ,commissioner of ,food and ,drugs1 shall issue regulations to implement the amendments made by subsections 7a7 and 7b74 ,such regulations shall establish safety standards for the use of synthetic braids4