Cosmetic Safety for Communities of Color and Professional Salon Workers Act of 2023

I 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. VELA´ZQUEZ, Mr. GRIJALVA, Mr. JOHNSON of Georgia, and Ms. MENG) introduced the following bill; which was referred to the Com- mittee 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 pur- poses. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Cosmetic Safety for 4 Communities of Color and Professional Salon Workers Act 5 of 2023’’. 6 VerDate Sep 11 2014 21:18 Jun 14, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3620.IH H3620 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 3620 IH SEC. 2. TABLE OF CONTENTS. 1 The table of contents of this Act is as follows: 2 Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Research on health disparities impacting communities of color. Sec. 4. Research on health concerns impacting professional nail, hair, and beau- ty salon workers. Sec. 5. Support for creating safer alternatives. Sec. 6. National Resource Center on Beauty Justice. Sec. 7. Translation of and access to safety data sheets. Sec. 8. National Resource Center on Salon Worker Health and Safety. SEC. 3. RESEARCH ON HEALTH DISPARITIES IMPACTING 3 COMMUNITIES OF COLOR. 4 Part P of title III of the Public Health Service Act 5 (42 U.S.C. 280 et seq.) is amended by adding at the end 6 the following: 7 ‘‘SEC. 399V–8. RESEARCH ON HEALTH DISPARITIES RE- 8 LATED TO COSMETICS IMPACTING COMMU- 9 NITIES OF COLOR. 10 ‘‘(a) IN GENERAL.—The Secretary shall— 11 ‘‘(1) conduct, or award grants for, research, in- 12 cluding community-based participatory research, re- 13 lating to epidemiological, clinical, ecological, and so- 14 cial scientific investigations into— 15 ‘‘(A) the chemicals that are linked to ad- 16 verse health effects and most commonly found 17 in cosmetics marketed to women and girls of 18 color, including beauty, personal hygiene, and 19 intimate care products; 20 VerDate Sep 11 2014 21:18 Jun 14, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3620.IH H3620 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 3620 IH ‘‘(B) the use of cosmetics containing such 1 chemicals by women and girls of color across 2 their lifespans; 3 ‘‘(C) the specific adverse health effects ex- 4 perienced by women and girls of color from ex- 5 posure to unsafe chemicals present in cosmetics 6 used by them; and 7 ‘‘(D) interventions that reduce exposure to, 8 or harm done by exposure to, unsafe chemicals 9 present in cosmetics used by women and girls 10 of color; and 11 ‘‘(2) disseminate the results of the investiga- 12 tions conducted or supported under paragraph (1) to 13 help communities of color identify and address po- 14 tentially unsafe chemical exposures in the use of cos- 15 metics. 16 ‘‘(b) REPORT.—Not later than 5 years after awarding 17 the first grant under subsection (a), the Secretary shall 18 make publicly available on the website of the Department 19 of Health and Human Services and submit to the Com- 20 mittee on Energy and Commerce of the House of Rep- 21 resentatives and the Committee on Health, Education, 22 Labor, and Pensions of the Senate a report on the results 23 of the investigations conducted or supported under sub- 24 section (a), including— 25 VerDate Sep 11 2014 21:18 Jun 14, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3620.IH H3620 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 3620 IH ‘‘(1) summary findings on— 1 ‘‘(A) marketing strategies, product cat- 2 egories, and specific cosmetics containing 3 chemicals linked to adverse health effects; and 4 ‘‘(B) the demographics of the populations 5 marketed to and using these cosmetics; and 6 ‘‘(2) recommended public health information 7 strategies to reduce potentially unsafe exposures 8 from cosmetics. 9 ‘‘(c) ELIGIBILITY.—To be eligible to receive a grant 10 under subsection (a), an eligible entity shall be any of the 11 following: 12 ‘‘(1) An accredited institution of higher edu- 13 cation. 14 ‘‘(2) A community-based organization. 15 ‘‘(3) A nongovernmental organization with ex- 16 pertise working with communities of color. 17 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—To 18 carry out this section, there is authorized to be appro- 19 priated $7,500,000, for the period of fiscal years begin- 20 ning with the fiscal year including the date of enactment 21 of this section and running through the fifth fiscal year 22 commencing after such date of enactment.’’. 23 VerDate Sep 11 2014 21:18 Jun 14, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3620.IH H3620 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HR 3620 IH SEC. 4. RESEARCH ON HEALTH CONCERNS IMPACTING 1 PROFESSIONAL NAIL, HAIR, AND BEAUTY 2 SALON WORKERS. 3 Part P of title III of the Public Health Service Act 4 (42 U.S.C. 280 et seq.), as amended by section 3, is fur- 5 ther amended by adding at the end the following: 6 ‘‘SEC. 399V–9. RESEARCH ON HEALTH CONCERNS IMPACT- 7 ING PROFESSIONAL NAIL, HAIR, AND BEAUTY 8 SALON WORKERS. 9 ‘‘(a) IN GENERAL.—The Secretary shall— 10 ‘‘(1) conduct, or award grants for, research, in- 11 cluding community-based participatory research, re- 12 lating to epidemiological, clinical, ecological, and so- 13 cial scientific investigations into— 14 ‘‘(A) the chemicals that are linked to ad- 15 verse health effects and most commonly found 16 in cosmetics used by professional nail, hair, and 17 beauty salon workers; 18 ‘‘(B) the types and categories of profes- 19 sional salon products containing such chemicals 20 and the availability of safer alternatives; 21 ‘‘(C) the specific adverse health effects ex- 22 perienced by professional nail, hair, and beauty 23 salon workers from exposure to unsafe chemi- 24 cals present in cosmetics used in nail, hair, and 25 beauty salons; and 26 VerDate Sep 11 2014 21:18 Jun 14, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3620.IH H3620 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •HR 3620 IH ‘‘(D) interventions that reduce exposure to, 1 or harm done by exposure to, unsafe chemicals 2 present in cosmetics used in nail, hair, and 3 beauty salons; and 4 ‘‘(2) disseminate the results of the investiga- 5 tions conducted or supported under paragraph (1) to 6 help professional nail, hair, and beauty salon work- 7 ers identify and eliminate potentially unsafe chem- 8 ical exposures in their workplace. 9 ‘‘(b) ELIGIBILITY.—To be eligible to receive a grant 10 under subsection (a), an entity shall be any of the fol- 11 lowing: 12 ‘‘(1) An accredited institution of higher edu- 13 cation. 14 ‘‘(2) A community-based organization. 15 ‘‘(3) A nongovernmental organization with ex- 16 pertise working with communities of color or immi- 17 grant populations. 18 ‘‘(c) REPORT.—Not later than 5 years after awarding 19 the first grant under this section, the Secretary shall make 20 publicly available and submit to the Committee on Energy 21 and Commerce of the House of Representatives and the 22 Committee on Health, Education, Labor, and Pensions of 23 the Senate a report on the results of the investigations 24 conducted or supported under subsection (a), including— 25 VerDate Sep 11 2014 21:18 Jun 14, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3620.IH H3620 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •HR 3620 IH ‘‘(1) summary findings, with respect to profes- 1 sional nail, hair, and beauty salon workers, on— 2 ‘‘(A) chemicals of concern and products 3 and product categories containing ingredients 4 linked to adverse health effects; and 5 ‘‘(B) the demographics of the populations 6 using these products and product categories; 7 and 8 ‘‘(2) recommended occupational health informa- 9 tion strategies for professional nail, hair, and beauty 10 salon workers to reduce potentially unsafe exposures 11 to cosmetics. 12 ‘‘(d) DEFINITION.—In this section, the term ‘salon 13 worker’ means a licensed or nonlicensed cosmetologist, 14 nail technician, barber, or esthetician who applies or ad- 15 ministers a cosmetic within the scope of their business 16 practices. 17 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—To 18 carry out this section, there is authorized to be appro- 19 priated $7,500,000, for the period of fiscal years begin- 20 ning with the fiscal year including the date of enactment 21 of this section and running through the fifth fiscal year 22 commencing after such date of enactment.’’. 23 VerDate Sep 11 2014 21:18 Jun 14, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3620.IH H3620 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •HR 3620 IH SEC. 5. SUPPORT FOR CREATING SAFER ALTERNATIVES. 1 (a) IN GENERAL.—The Secretary of Health and 2 Human Services (in this section referred to as the ‘‘Sec- 3 retary’’), acting through the Commissioner of Food and 4 Drugs, in consultation with the Administrator of the Envi- 5 ronmental Protection Agency, shall award grants to sup- 6 port research focused on the design of cosmetic chemicals 7 that have no inherent toxicity or association with adverse 8 health effects. 9 (b) PRIORITY.—In awarding grants under subsection 10 (a), the Secretary shall give priority to applicants pro- 11 posing to focus on— 12 (1) replacing chemicals in professional cosmetic 13 products used by professional nail, hair, and beauty 14 salon workers with chemicals that are not associated 15 with adverse health events; 16 (2) replacing chemicals in cosmetic products 17 marketed to women and girls of color, including any 18 such beauty, personal hygiene, and intimate care 19 products, with chemicals that are not associated with 20 adverse health events; or 21 (3) providing assistance in creating safer prod- 22 uct formulations to minority-owned cosmetic compa- 23 nies that are manufacturing and marketing cosmetic 24 products to women or girls of color or professional 25 nail, hair, and beauty salon workers. 26 VerDate Sep 11 2014 21:18 Jun 14, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3620.IH H3620 pbinns on DSKJLVW7X2PROD with $$_JOB 9 •HR 3620 IH (c) DEFINITION.—In this section, the term ‘‘salon 1 worker’’ means a licensed or nonlicensed cosmetologist, 2 nail technician, barber, or esthetician who applies or ad- 3 ministers a cosmetic within the scope of their business 4 practices. 5 (d) AUTHORIZATION OF APPROPRIATIONS.—To carry 6 out this section, there is authorized to be appropriated 7 $10,000,000 for the period of fiscal years beginning with 8 the fiscal year including the date of enactment of this sec- 9 tion and running through the fifth fiscal year commencing 10 after such date of enactment. 11 SEC. 6. NATIONAL RESOURCE CENTER ON BEAUTY JUS- 12 TICE. 13 (a) IN GENERAL.—The Secretary of Health and 14 Human Services, acting through the Deputy Assistant 15 Secretary for Minority Health, shall award a grant to an 16 eligible entity to establish a National Resource Center on 17 Beauty Justice for the purpose of addressing unsafe cos- 18 metic chemical exposures experienced by— 19 (1) women and girls of color; 20 (2) men and boys of color; 21 (3) immigrant populations; 22 (4) language minorities; 23 (5) the LGBTQIA community; and 24 VerDate Sep 11 2014 21:18 Jun 14, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3620.IH H3620 pbinns on DSKJLVW7X2PROD with $$_JOB 10 •HR 3620 IH (6) other underserved populations as deter- 1 mined appropriate by the Deputy Assistant Sec- 2 retary for Minority Health for purposes of this sub- 3 section. 4 (b) ELIGIBILITY.—To be eligible to receive a grant 5 under subsection (a), an eligible entity shall be a commu- 6 nity-based or other nonprofit organization that— 7 (1) has a primary focus on eliminating toxic 8 chemical exposures linked to increasing rates of dis- 9 ease; and 10 (2) works with culturally and linguistically di- 11 verse minority communities, including populations 12 traditionally underserved due to— 13 (A) their immigration status; 14 (B) geographic location; 15 (C) sexual orientation; 16 (D) gender identity; or 17 (E) language barriers. 18 (c) USE OF FUNDS.—The National Resource Center 19 on Beauty Justice funded through this section shall use 20 such funds to carry out activities and initiatives that are 21 for the purpose described in subsection (a) and driven by 22 the needs, opportunities, and priorities of communities of 23 color, which may include activities and initiatives designed 24 to— 25 VerDate Sep 11 2014 21:18 Jun 14, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3620.IH H3620 pbinns on DSKJLVW7X2PROD with $$_JOB 11 •HR 3620 IH (1) conduct community outreach and organizing 1 and develop community-based interventions that em- 2 power and equip communities of color with the infor- 3 mation they need to select safe, non-toxic cosmetics; 4 (2) develop and implement outreach, awareness, 5 and education strategies targeted at women and 6 girls of color, men and boys of color, immigrant pop- 7 ulations, language minorities, and other underserved 8 populations, to decrease unsafe cosmetic chemical 9 exposures experienced by these populations; 10 (3) create or develop collaborative partnerships 11 to educate and train, and create best practices for, 12 relevant stakeholders including nongovernmental or- 13 ganizations, health care professionals, sororities and 14 fraternal organizations, community leaders, profes- 15 sional salon workers, faith leaders, teachers, and 16 leaders from the LGBTQIA community; 17 (4) develop educational curricula and outreach 18 strategies for middle and high schools and institu- 19 tions of higher education that include linguistically, 20 culturally, and community relevant content and sug- 21 gested interventions for youth populations; or 22 (5) create public education campaigns utilizing 23 culturally and linguistically appropriate images and 24 messaging for targeted populations including com- 25 VerDate Sep 11 2014 21:18 Jun 14, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3620.IH H3620 pbinns on DSKJLVW7X2PROD with $$_JOB 12 •HR 3620 IH munity members, youth, health care professio [Text truncated for display. 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