Statements on Introduced Bills and Joint Resolutions — Congressional Record, Senate, April 26, 2022 (S2156)
Summary
Congressional Record, Senate, pages S2156 and S2157, dated April 26, 2022. Under statements on introduced bills, Durbin has the text of bills printed in the Record: the Veterans Rapid Retraining Assistance Program Restoration and Recovery Act of 2022, which restores entitlement to educational assistance in cases of a closure of an educational institution or a disapproval of a program of education, and the Dietary Supplement Listing Act of 2022, which amends the Federal Food, Drug, and Cosmetic Act to require manufacturers of dietary supplements to list them with the Food and Drug Administration. A submitted resolution designates the week of April 18 through April 24, 2022, as National Osteopathic Medicine Week. The page also lists committee meeting authority for April 26, 2022.
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“Statements on Introduced Bills and Joint Resolutions — 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-pgs2156-27e901524b/
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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-
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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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April 26, 2022 CONGRESSIONAL RECORD — SENATE S2157
supplement with the change into interstate SUBMITTED RESOLUTIONS COMMITTEE ON BANKING, HOUSING, AND URBAN
commerce. AFFAIRS
‘‘(C) DISCONTINUED DIETARY SUPPLE- --- The Committee on Banking, Housing,
MENTS.—If the responsible person has discon- SENATE RESOLUTION 595—DESIG- and Urban Affairs is authorized to
tinued the commercial marketing of a die- NATING THE WEEK OF APRIL 18 meet during the session of the Senate
tary supplement formulation included in a THROUGH APRIL 24, 2022, AS ‘‘NA- on Tuesday, April 26, 2022, at 10 a.m., to
listing submitted by the responsible person conduct a hearing.
TIONAL OSTEOPATHIC MEDICINE
under subparagraph (A) or (B), the respon- COMMITTEE ON BANKING, HOUSING, AND URBAN
WEEK’’
sible person shall report to the Secretary the AFFAIRS
date of such discontinuance, within 90 days Mr. MANCHIN (for himself, Mr. The Committee on Banking, Housing,
of the discontinuance of the dietary supple- WICKER, Mr. CASEY, Mrs. CAPITO, Mr. and Urban Affairs is authorized to
ment. HEINRICH, and Mr. GRASSLEY) sub- meet in executive session during the
‘‘(5) SUPPLIER INFORMATION RECORD KEEPING mitted the following resolution; which session of the Senate on Tuesday, April
REQUIREMENT.—Each responsible person sub- was considered and agreed to:
ject to the requirements of this subsection
26, 2022, to vote on nominations.
S. RES. 595 COMMITTEE ON FOREIGN RELATIONS
shall maintain a record of the full business
name and address from which the responsible Whereas there are more than 134,000 osteo- The Committee on Foreign Relations
pathic physicians and 33,800 osteopathic is authorized to meet during the ses-
person receives any dietary ingredient or
medical students in the United States; sion of the Senate on Tuesday, April 26,
combination of dietary ingredients that the
Whereas osteopathic physicians and med-
responsible person uses in the manufacture 2022, at 10 a.m., to conduct a hearing.
ical students train at high-caliber schools of
of the dietary supplement, or, if applicable, COMMITTEE ON HEALTH, EDUCATION, LABOR,
osteopathic medicine across the United
from which the responsible person receives States, including in rural communities; AND PENSIONS
the dietary supplement. The responsible per- Whereas osteopathic physicians have made The Committee on Health, Edu-
son shall make this information available to significant contributions to the United cation, Labor, and Pensions is author-
the Secretary within 72 hours of request States healthcare system since the founding ized to meet during the session of the
from the Secretary. of the field of osteopathic medicine; Senate on Tuesday, April 26, 2022, at 10
‘‘(c) ELECTRONIC DATABASE.—Beginning not Whereas osteopathic medicine emphasizes a.m., to conduct a hearing.
later than 2 years after the Secretary speci- a patient-centered approach to healthcare, SELECT COMMITTEE ON INTELLIGENCE
and osteopathic physicians play an impor-
fies a unique dietary supplement identifier The Select Committee on Intel-
tant role in the United States healthcare
system pursuant to subsection (b)(3), the
system;
ligence is authorized to meet during
Secretary shall maintain an electronic data- Whereas osteopathic physicians have been the session of the Senate on Tuesday,
base that— critical in the fight against the coronavirus April 26, 2022, at 2:30 p.m., to conduct a
‘‘(1) is publicly accessible; 2019 pandemic and have worked on the front closed briefing.
‘‘(2) is populated with information regard- lines treating patients; SUBCOMMITTEE ON ECONOMIC POLICY
ing dietary supplements that is provided Whereas osteopathic physicians practice in The Subcommittee on Economic Pol-
under this section or any other provision of all specialty areas and practice settings of icy of the Committee on Banking,
this Act; and medicine; Housing, and Urban Affairs is author-
‘‘(3) enables the public to search the data- Whereas osteopathic physicians and med-
ized to meet during the session of the
base by a dietary supplement’s unique die- ical students in the United States are dedi-
cated to improving the health of their com-
Senate on Tuesday, April 26, 2022, at
tary supplement identifier or other field of
munities through efforts to increase edu- 2:30 p.m., to conduct a hearing.
information or combination of fields.
cation and awareness and by delivering high- PERMANENT SUBCOMMITTEE ON INVESTIGATIONS
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— quality health services; and The Permanent Subcommittee on In-
For purposes of conducting activities under Whereas osteopathic physicians currently vestigations of the Committee on
this section and hiring personnel to carry practice in every State: Now, therefore, be it Homeland Security and Governmental
out this section, there are authorized to be Resolved, That the Senate— Affairs is authorized to meet during
appropriated $4,000,000 for fiscal year 2022 (1) designates the week of April 18 through the session of the Senate on Tuesday,
and $1,000,000 for each of fiscal years 2023 April 24, 2022, as ‘‘National Osteopathic Med-
April 26, 2022, at 10 a.m., to conduct a
through 2026.’’. icine Week’’;
(2) recognizes the contributions of osteo-
hearing.
(b) MISBRANDING.—Section 403 of the Fed- pathic physicians to the United States SUBCOMMITTEE ON SEAPOWER
eral Food, Drug, and Cosmetic Act (21 U.S.C. healthcare system; and The Subcommittee on Seapower of
343) is amended by adding at the end the fol- (3) celebrates the role that schools of os- the Committee on Armed Services is
lowing: teopathic medicine play in training the next authorized to meet during the session
‘‘(z) If it is a dietary supplement for which generation of osteopathic physicians. of the Senate on Tuesday, April 26,
a responsible person is required to file a list- f 2022, at 2:30 p.m., to conduct a hearing.
ing under section 403D and such responsible f
person has not made a listing with respect to AUTHORITY FOR COMMITTEES TO
MEET UNANIMOUS CONSENT
such dietary supplement.’’.
AGREEMENT
(c) NEW PROHIBITED ACT.—Section 301 of Ms. HASSAN. Mr. President, I have
10 requests for committees to meet Ms. HASSAN. Mr. President, I ask
the Federal Food, Drug, and Cosmetic Act
during today’s session of the Senate. unanimous consent that the notice of
(21 U.S.C. 331) is amended by adding at the
They have the approval of the Majority proposed rulemaking from the Office of
end the following:
and Minority Leaders. Congressional Workplace Rights be
‘‘(fff) The introduction or delivery for in- printed in the RECORD.
troduction into interstate commerce of a di- Pursuant to rule XXVI, paragraph
5(a), of the Standing Rules of the Sen- The PRESIDING OFFICER. Without
etary supplement that has been prepared, objection, it is so ordered.
packed, or held using the assistance of, or at ate, the following committees are au-
There being no objection, the mate-
the direction of, a person debarred under sec- thorized to meet during today’s session
rial was ordered to be printed in the
tion 306.’’. of the Senate:
RECORD, as follows:
COMMITTEE ON AGRICULTURE, NUTRITION, AND
(d) RULE OF CONSTRUCTION.—Nothing in the f
FORESTRY
amendments made by subsections (a)
The Committee on Agriculture, Nu- NOTICE OF PROPOSED
through subsection (c) shall be construed to
trition, and Forestry is authorized to RULEMAKING
expand the existing authorities of the Food
and Drug Administration, other than as meet during the session of the Senate U.S. CONGRESS,
specified in such amendments. This sub- on Tuesday, April 26, 2022, at 10 a.m., to OFFICE OF CONGRESSIONAL WORKPLACE
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section shall not be construed to— conduct a hearing. RIGHTS,
(1) limit the existing authorities of the COMMITTEE ON ARMED SERVICES Washington, DC, April 26, 2022.
Hon. PATRICK J. LEAHY,
Food and Drug Administration; or The Committee on Armed Services is President Pro Tempore of the Senate,
(2) limit the authorities specified in the authorized to meet during the session Washington, DC.
amendments made by subsections (a) of the Senate on Tuesday, April 26, DEAR MR. PRESIDENT: Section 203(c)(1) of
through subsection (c). 2022, at 9:30 a.m., to conduct a hearing. the Congressional Accountability Act (CAA),
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