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[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2722 Introduced in Senate (IS)]

<DOC>

115th CONGRESS
  2d Session
                                S. 2722

To establish environmental justice as a consideration in the regulation 
                 of pesticides, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             April 19, 2018

  Ms. Harris introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL

 
To establish environmental justice as a consideration in the regulation 
                 of pesticides, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Environmental 
Justice Right to Know Act of 2018''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
           TITLE I--PESTICIDES AND OTHER CHEMICAL SUBSTANCES

Sec. 101. Pesticides.
Sec. 102. Inclusion of certain chemicals in Safer Choice program.
              TITLE II--HEALTH AND SAFETY IN THE WORKPLACE

Sec. 201. Definitions.
Sec. 202. Occupational safety and health standard for nail and hair 
                            salons.
Sec. 203. NIOSH study on ventilation in hair and nail salons.
Sec. 204. Healthy nail salon recognition programs.
Sec. 205. Impact of toxic cosmetics on women.
Sec. 206. Susan Harwood training grants.

           TITLE I--PESTICIDES AND OTHER CHEMICAL SUBSTANCES

SEC. 101. PESTICIDES.

    (a) Environmental Justice Considerations.--Section 25 of the 
Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w) is 
amended by adding at the end the following:
    ``(f) Environmental Justice Considerations.--
            ``(1) Definition of environmental justice.--In this 
        subsection, the term `environmental justice' means the fair 
        treatment and meaningful involvement of all affected 
        individuals, regardless of race, color, national origin, 
        income, gender, citizenship status, language, or literacy, with 
        respect to the development, implementation, and enforcement of 
        an environmental law, regulation, or policy.
            ``(2) Requirement.--Notwithstanding any other provision of 
        law (including regulations), in developing any policy, 
        procedure, or guidance or promulgating any regulation pursuant 
        to this Act, the Administrator shall, to the maximum extent 
        practicable--
                    ``(A) solicit, and take into consideration, 
                comments from--
                            ``(i) interested Federal and State 
                        agencies; and
                            ``(ii) the public;
                    ``(B) seek to achieve environmental justice; and
                    ``(C) ensure transparency with respect to 
                information regarding the ingredients of pesticides.''.
    (b) Training and Labeling Requirements.--
            (1) In general.--Section 30 of the Federal Insecticide, 
        Fungicide, and Rodenticide Act (7 U.S.C. 136w-5) is amended--
                    (A) in the third sentence--
                            (i) by striking ``this section'' and 
                        inserting ``this subsection''; and
                            (ii) by striking ``The authority'' and 
                        inserting the following:
            ``(3) Limitation on authority of administrator.--The 
        authority'';
                    (B) in the second sentence, by striking ``Such 
                training'' and inserting the following:
            ``(2) Inclusions.--Subject to subsection (b), the training 
        described in paragraph (1)''; and
                    (C) by striking the section designation and heading 
                and all that follows through ``Each State'' in the 
                first sentence and inserting the following:

``SEC. 30. TRAINING AND LABELING REQUIREMENTS.

    ``(a) Training.--
            ``(1) State requirements for maintenance applicators and 
        service technicians.--Each State''; and
                    (D) by adding at the end the following:
    ``(b) Labeling.--
            ``(1) In general.--Notwithstanding any other provision of 
        law (including regulations), the Administrator shall require 
        that each label borne by a pesticide includes a translation of 
        essential safety and environmental information, as determined 
        by the Administrator subject to paragraph (2), into--
                    ``(A) Spanish; and
                    ``(B) such other appropriate languages as the 
                Administrator may require, on receipt of a 
                recommendation from a unit of State or local government 
                within the boundaries of which the pesticide is sold, 
                transported, or used.
            ``(2) Inclusions.--The information required to be 
        translated under paragraph (1) shall include, as applicable--
                    ``(A) warnings and precautionary statements;
                    ``(B) information relating to--
                            ``(i) exposure symptoms;
                            ``(ii) toxicity levels;
                            ``(iii) appropriate first aid measures;
                            ``(iv) personal protective equipment; and
                            ``(v) restricted entry intervals;
                    ``(C) general safe handling and usage directions;
                    ``(D) storage and disposal instructions; and
                    ``(E) other appropriate directions to prevent 
                environmental contamination.''.
            (2) Conforming amendments.--
                    (A) In general.--Section 3(c)(1)(C) of the Federal 
                Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 
                136a(c)(1)(C)) is amended by inserting ``(including a 
                translation into Spanish and any other appropriate 
                language of certain information, in accordance with 
                section 30(b))'' before the semicolon at the end.
                    (B) Unlawful acts.--Section 12(a)(2) of the Federal 
                Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 
                136j(a)(2)) is amended--
                            (i) in subparagraph (R), by striking ``or'' 
                        at the end;
                            (ii) in subparagraph (S), by striking the 
                        period at the end and inserting ``; or''; and
                            (iii) by adding at the end the following:
                    ``(T) to violate section 30(b).''.

SEC. 102. INCLUSION OF CERTAIN CHEMICALS IN SAFER CHOICE PROGRAM.

    (a) In General.--Notwithstanding any other provision of law 
(including regulations), not later than 1 year after the date of 
enactment of this Act, the Administrator of the Environmental 
Protection Agency shall--
            (1) include on the Safer Chemical Ingredients List 
        published under the Safer Choice program of the Environmental 
        Protection Agency Safer Choice alternatives for each chemical 
        substance described in subsection (b) as functionally used in 
        nail salon products, hair salon products, and other cosmetics;
            (2) modify the Safer Choice and Design for the Environment 
        labels under the Safer Choice program, as applicable, in 
        accordance with paragraph (1) for the purpose of supporting 
        healthier nail salons and nail salon products; and
            (3) provide to manufacturers and researchers appropriate 
        incentives to develop safer, affordable nail salon products, 
        including disinfectants.
    (b) Description of Chemical Substances.--The chemical substances 
referred to in subsection (a)(1) are each of the following:
            (1) Toluene.
            (2) Formaldehyde.
            (3) Triphenyl phosphate.
            (4) Dibutyl phthalate.
            (5) Methacrylates.

              TITLE II--HEALTH AND SAFETY IN THE WORKPLACE

SEC. 201. DEFINITIONS.

    In this title:
            (1) Cosmetic.--The term ``cosmetic'' has the meaning given 
        such term in section 201 of the Federal Food, Drug, and 
        Cosmetic Act (21 U.S.C. 321).
            (2) Safety data sheet.--The term ``safety data sheet'' 
        means the safety data sheets required under section 1910.1200 
        of title 29, Code of Federal Regulations, or a successor 
        regulation.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Labor.

SEC. 202. OCCUPATIONAL SAFETY AND HEALTH STANDARD FOR NAIL AND HAIR 
              SALONS.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary shall promulgate under section 6 of the 
Occupational Safety and Health Act of 1970 (29 U.S.C. 655) an 
occupational safety and health standard to improve ventilation in nail 
and hair salons.
    (b) Safety Data Sheets.--
            (1) Standard.--The standard described in subsection (a) 
        shall--
                    (A) require that safety data sheets of any cosmetic 
                used by nail, hair, barber, and other beauty 
                professionals be available on the website of the 
                manufacturer of the cosmetic and ensure that such 
                safety data sheets are easily accessed via the name of 
                the specific product line;
                    (B) require that all such safety data sheets 
                available on such websites be translated into languages 
                spoken by a significant number of professionals, 
                including Spanish, Vietnamese, Korean, Chinese, and 
                Nepali; and
                    (C) require manufacturers of all cosmetics to 
                create and provide, for use on small secondary 
                containers, small labels with the name of the product 
                and its ingredients as listed on the safety data sheet.
            (2) Quick card.--The Secretary shall translate its ``Quick 
        Card'' publication regarding requirements for safety data 
        sheets into Vietnamese, Korean, Chinese, and Nepali.

SEC. 203. NIOSH STUDY ON VENTILATION IN HAIR AND NAIL SALONS.

    Not later than 1 year after the date of enactment of this Act, the 
National Institute for Occupational Safety and Health shall conduct 
research on ventilation in nail and hair salons and report to Congress 
on each of the following:
            (1) The level of ventilation necessary for health 
        protective ambient air and breathing zone air quality for 
        workers in nail and hair salons.
            (2) Various ventilation methods and technologies to improve 
        air quality in such salons, such as source capture systems, 
        ceiling vents, and hand tools to vacuum dust during artificial 
        nail application.
            (3) Recommendations as to the relative effectiveness and 
        practicality of various ventilation technologies and methods.
            (4) Practical ``how to'' information and advice for 
        implementing effective ventilation, such as approximate costs 
        of structural changes or equipment and how to negotiate with a 
        landlord to make such structural changes.

SEC. 204. HEALTHY NAIL SALON RECOGNITION PROGRAMS.

    (a) In General.--The Secretary may establish a program for States 
to apply for grants to--
            (1) develop guidelines and criteria for State healthy nail 
        salon recognition programs; and
            (2) conduct outreach to local agencies to implement those 
        programs.
    (b) Criteria.--The Secretary may establish minimum protective 
criteria that a State healthy nail salon recognition program shall meet 
in order for the State to receive a grant under subsection (a). Such 
criteria may include--
            (1) prohibiting nail salons from using toluene, dibutyl 
        phthalate, formaldehyde, and methyl ethyl ketone;
            (2) requiring nail salons to use source capture systems of 
        ventilation at all stations when any artificial nail service is 
        provided; and
            (3) requiring nail salons to mandate participation of 
        employers and employees in training on best practices for a 
        less toxic workplace.
    (c) OSHA Training Materials.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary, in consultation with 
        stakeholders implementing State healthy nail salon recognition 
        programs on such date of enactment, shall develop--
                    (A) online training materials for employers and 
                employees of nail salons, the content of which shall be 
                similar to training materials used by such programs on 
                such date of enactment; and
                    (B) certificates or window decals containing the 
                Occupational Safety and Health Administration logo, 
                which States receiving a grant under subsection (a) may 
                provide to employers and employees that complete 
                training pertaining to safe ventilation in nail salons 
                as proof of completing such training.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.

SEC. 205. IMPACT OF TOXIC COSMETICS ON WOMEN.

    Not later than 2 years after the date of enactment of this Act--
            (1) the Director of the National Institute of Environmental 
        Health Sciences of the National Institutes of Health shall 
        submit a report, to the Director of the Office of Minority 
        Health and Congress, on the long-term negative health effects 
        of endocrine disrupting chemicals, carcinogens, neurotoxicants, 
        and asthmagens in cosmetics on the health of women of color and 
        women in other communities that are highly impacted by such 
        long-term negative health effects; and
            (2) the Director of the Office of Minority Health shall 
        submit a report to Congress, based on the report under 
        paragraph (1), on policy recommendations, including actions 
        that Federal agencies may take, to reduce or eliminate exposure 
        of the women described in such paragraph to endocrine 
        disrupting chemicals, carcinogens, neurotoxicants, and 
        asthmagens in cosmetics.

SEC. 206. SUSAN HARWOOD TRAINING GRANTS.

    The Secretary shall, in awarding Susan Harwood training grants 
under the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et 
seq.), assure that hazards facing nail and hair salon workers are 
included as a targeted topic for training in any announcement for such 
grants issued after the date of enactment of this Act.
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