Congressional Record, Senate — April 26, 2022, S2156
Summary
This is S2156 of the Congressional Record, Senate, April 26, 2022, with interleaved columns of introduced bills and statements. It begins with the end of a resolution on International Parental Child Abduction Month and a note that Mr. Menendez requested that Mr. Durbin be added as a cosponsor of S. Res. 585, honoring Madeleine K. Albright. Mr. Durbin introduces S. 4089, a bill to restore entitlement to educational assistance under the Veterans Rapid Retraining Assistance Program in cases of a closure of an educational institution or a disapproval of a program of education. With Mr. Braun, he also introduces S. 4090, the Dietary Supplement Listing Act of 2022, which would require manufacturers to list dietary supplements with the Secretary, and the bill text is printed in the Record.
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“Congressional Record, Senate — April 26, 2022, S2156.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2022-04-26-crec-2022-04-26-pt1-pgs2156-2-79027126b2/
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S2156 CONGRESSIONAL RECORD — SENATE April 26, 2022
International Parental Child Abduc- stitute a liability of such institution to the ‘‘(H) The conditions of use.
tion Month’’ and expressing the sense United States.’’. ‘‘(I) Warnings and precautions.
(b) CONFORMING AMENDMENT.—In sub- ‘‘(J) Statements regarding major food al-
of the Senate that Congress should
section (b)(3) of such section, strike the pe- lergens, as defined in section 201(qq) of the
raise awareness of the harm caused by riod and insert ‘‘, except for an individual de- Federal Food, Drug, and Cosmetic Act (21
international parental child abduction. scribed in subsection (n).’’. U.S.C. 321(qq)).
S. RES. 585 (c) EFFECTIVE DATE.—The amendments ‘‘(K) The dosage form, such as pill, capsule,
At the request of Mr. MENENDEZ, the made by this section shall apply as if in- liquid, or powder.
name of the Senator from Illinois (Mr. cluded in the American Rescue Plan Act of ‘‘(L) Any claim that—
2021 (Public Law 117–2). ‘‘(i) characterizes the relationship of any
DURBIN) was added as a cosponsor of S. --- nutrient which is of the type required by sec-
Res. 585, a resolution honoring the life, By Mr. DURBIN (for himself and tion 403(q)(1) or section (q)(2) to be in the
achievements, and legacy of the Honor- Mr. BRAUN): label or labeling of the food to a disease or a
able Madeleine K. Albright. S. 4090. A bill to improve trans- health-related condition; or
f parency and availability of informa- ‘‘(ii) is subject to notification under sec-
tion regarding dietary supplements by tion 403(r)(6) that appears in the supple-
STATEMENTS ON INTRODUCED ment’s labeling.
BILLS AND JOINT RESOLUTIONS amending the Federal Food, Drug, and ‘‘(M) The unique dietary supplement iden-
Cosmetic Act to require manufacturers tifier for the product, provided in accordance
By Mr. DURBIN: of dietary supplements to list dietary with paragraph (3).
S. 4089. A bill to restore entitlement
supplements with the Food and Drug ‘‘(2) FORMAT.—A listing submitted under
to educational assistance under Vet- this section shall be in such electronic form
Administration; to the Committee on
erans Rapid Retraining Program in and manner as the Secretary may prescribe.
Health, Education, Labor, and Pen-
cases of a closure of an educational in- The Secretary shall promptly confirm, elec-
sions.
stitution or a disapproval of a program Mr. DURBIN. Mr. President, I ask tronically, receipt of a complete listing
of education, and for other purposes; under this section.
unanimous consent that the text of the ‘‘(3) UNIQUE LISTING IDENTIFICATION NUM-
considered and passed. bill be printed in the RECORD. BERS.—
Mr. DURBIN. Mr. President, I ask Without objection, the text of the ‘‘(A) IN GENERAL.—The Secretary shall es-
unanimous consent that the text of the bill was ordered to be printed in the tablish a unique dietary supplement identi-
bill be printed in the RECORD. RECORD, as follows: fier system that shall be used by the respon-
Without objection, the text of the S. 4090 sible person under this section.
bill was ordered to be printed in the ‘‘(B) RESERVATION OF NUMBERS.—The sys-
Be it enacted by the Senate and House of Rep-
RECORD, as follows: resentatives of the United States of America in
tem shall allow a responsible person to re-
S. 4089 serve multiple dietary supplement identifier
Congress assembled,
numbers in advance of listing.
Be it enacted by the Senate and House of Rep- SECTION 1. SHORT TITLE.
‘‘(C) USE REQUIREMENT.—Any unique die-
resentatives of the United States of America in This Act may be cited as the ‘‘Dietary Sup- tary supplement identifier shall be used only
Congress assembled, plement Listing Act of 2022’’. in connection with the product for which the
SECTION 1. SHORT TITLE. SEC. 2. REGULATION OF DIETARY SUPPLEMENTS. identifier was used during the listing proc-
This Act may be cited as the ‘‘Veterans (a) IN GENERAL.—Chapter IV of the Federal ess.
Rapid Retraining Assistance Program Res- Food, Drug, and Cosmetic Act (21 U.S.C. 341 ‘‘(4) SUBMISSION DATES.—A responsible per-
toration and Recovery Act of 2022’’. et seq.) is amended by inserting after section son under this section shall report to the
SEC. 2. RESTORATION OF ENTITLEMENT UNDER 403C of such Act the following: Secretary the listing information described
VETERANS RAPID RETRAINING AS- ‘‘SEC. 403D. DIETARY SUPPLEMENT LISTING RE- in paragraph (1) pursuant to the following
SISTANCE PROGRAM. QUIREMENT. timelines:
(a) IN GENERAL.—Section 8006 of the Amer- ‘‘(a) IN GENERAL.—Each dietary supple- ‘‘(A) IN GENERAL.—
ican Rescue Plan Act of 2021 (Public Law 117– ment shall be listed with the Secretary in ‘‘(i) EXISTING DIETARY SUPPLEMENTS.—In
2), as amended by the Training in High-de- accordance with this section. the case of a dietary supplement that is
mand Roles to Improve Veteran Employment ‘‘(b) LISTING SUBMISSIONS.— being offered in interstate commerce on the
Act (Public Law 117–16), is further amended— ‘‘(1) IN GENERAL.—Each responsible person, date that is 18 months after the date of en-
(1) by redesignating subsection (n) as sub- or, if the responsible person is a foreign enti- actment of the Dietary Supplement Listing
section (o); and ty, the United States agent, shall submit to Act of 2022, a listing for each such dietary
(2) by inserting after subsection (m), the the Secretary in accordance with this sec- supplement formulation introduced or deliv-
following new subsection (n): tion the following information for each die- ered for introduction into interstate com-
‘‘(n) EFFECTS OF CLOSURE OF AN EDU- tary supplement that will be marketed: merce by the responsible person for commer-
CATIONAL INSTITUTION OR DISAPPROVAL OF A ‘‘(A) Any proprietary name of the dietary cial distribution shall be submitted by the
PROGRAM OF EDUCATION.— supplement and the statement of identity, responsible person with the Secretary under
‘‘(1) IN GENERAL.—Any payment of retrain- including brand name and specified flavors, this section not later than 60 days after the
ing assistance under subsection (d)(1) shall if applicable. date that is 18 months after the date of en-
not be charged against any entitlement to ‘‘(B) The full name, address, and telephone actment of such Act.
retraining assistance described in subsection number for the responsible person, and the ‘‘(ii) NEW DIETARY SUPPLEMENTS.—In the
(a) if the Secretary determines that an indi- name and e-mail address of the owner, oper- case of a dietary supplement that is not
vidual was unable to complete a course or ator, or agent in charge of the responsible being offered in interstate commerce on the
program of education as a result of — person. date that is 18 months after the date of en-
‘‘(A) the closure of an educational institu- ‘‘(C) The full name, address, telephone actment. of the Dietary Supplement Listing
tion; or number, and e-mail address for the United Act of 2022, a listing for each such dietary
‘‘(B) the disapproval of a program of edu- States agent, if the responsible person is a supplement formulation introduced or deliv-
cation by the State approving agency or the foreign entity. ered for introduction into interstate com-
Secretary when acting in the role of the ‘‘(D) The full business name and address of merce by the responsible person for commer-
State approving agency. all locations at which the responsible person cial distribution which has not been included
‘‘(2) PERIOD NOT CHARGED.—The period for manufactures, packages, labels, or holds the in any listing previously submitted by the
which, by reason of this subsection, retrain- dietary supplement. responsible person to the Secretary under
ing assistance is not charged shall be equal ‘‘(E) An electronic copy of the label for the this section shall be submitted to the Sec-
to the full amount of retraining assistance dietary supplement, and an electronic copy retary prior to introducing the dietary sup-
provided for enrollment in the program of of the package insert, if any. plement into interstate commerce.
education. ‘‘(F) A list of all ingredients in the dietary ‘‘(B) REFORMULATIONS.—A listing of each
‘‘(3) HALT OF PAYMENTS TO CERTAIN EDU- supplement required to appear on the label dietary supplement formulation introduced
CATIONAL INSTITUTIONS.—In the event of a under sections 101.4 and 101.36 of title 21, by the responsible person for commercial
closure or disapproval, as described in para- Code of Federal Regulations, including— distribution that has a label that differs for
graph (1), the educational institution shall ‘‘(i) the amount per serving of each listed such dietary supplement from the represent-
dlhill on DSK120RN23PROD with SENATE
not receive any further payments under sub- ingredient, if such information is required to ative label provided under subsection (a)
section (d). appear on the label; and with respect to the product name, amount of
‘‘(4) RECOVERY OF FUNDS.—In the event of a ‘‘(ii) if required by section 101.36 of title 21, dietary ingredients, or other distinguishing
closure or disapproval, as described in para- Code of Federal Regulations, the percent of characteristics such as dosage form (such as
graph (1), any payment already made under the daily value of each listed ingredient. pill, capsule, liquid, or powder) shall be sub-
subsection (d) to the educational institution ‘‘(G) The number of servings per container mitted to the Secretary not later than 15
shall be considered an overpayment and con- for each container size. business days after introducing the dietary
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