[Congressional Record Volume 168, Number 68 (Tuesday, April 26, 2022)]
[Senate]
[Pages S2156-S2157]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. DURBIN:
  S. 4089. A bill to restore entitlement to educational assistance 
under Veterans Rapid Retraining Program in cases of a closure of an 
educational institution or a disapproval of a program of education, and 
for other purposes; considered and passed.
  Mr. DURBIN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  Without objection, the text of the bill was ordered to be printed in 
the Record, as follows:

                                S. 4089

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Veterans Rapid Retraining 
     Assistance Program Restoration and Recovery Act of 2022''.

     SEC. 2. RESTORATION OF ENTITLEMENT UNDER VETERANS RAPID 
                   RETRAINING ASSISTANCE PROGRAM.

       (a) In General.--Section 8006 of the American Rescue Plan 
     Act of 2021 (Public Law 117-2), as amended by the Training in 
     High-demand Roles to Improve Veteran Employment Act (Public 
     Law 117-16), is further amended--
       (1) by redesignating subsection (n) as subsection (o); and
       (2) by inserting after subsection (m), the following new 
     subsection (n):
       ``(n) Effects of Closure of an Educational Institution or 
     Disapproval of a Program of Education.--
       ``(1) In general.--Any payment of retraining assistance 
     under subsection (d)(1) shall not be charged against any 
     entitlement to retraining assistance described in subsection 
     (a) if the Secretary determines that an individual was unable 
     to complete a course or program of education as a result of 
     --
       ``(A) the closure of an educational institution; or
       ``(B) the disapproval of a program of education by the 
     State approving agency or the Secretary when acting in the 
     role of the State approving agency.
       ``(2) Period not charged.--The period for which, by reason 
     of this subsection, retraining assistance is not charged 
     shall be equal to the full amount of retraining assistance 
     provided for enrollment in the program of education.
       ``(3) Halt of payments to certain educational 
     institutions.--In the event of a closure or disapproval, as 
     described in paragraph (1), the educational institution shall 
     not receive any further payments under subsection (d).
       ``(4) Recovery of funds.--In the event of a closure or 
     disapproval, as described in paragraph (1), any payment 
     already made under subsection (d) to the educational 
     institution shall be considered an overpayment and constitute 
     a liability of such institution to the United States.''.
       (b) Conforming Amendment.--In subsection (b)(3) of such 
     section, strike the period and insert ``, except for an 
     individual described in subsection (n).''.
       (c) Effective Date.--The amendments made by this section 
     shall apply as if included in the American Rescue Plan Act of 
     2021 (Public Law 117-2).
                                 ______
                                 
      By Mr. DURBIN (for himself and Mr. Braun):
  S. 4090. A bill to improve transparency and availability of 
information regarding dietary supplements by amending the Federal Food, 
Drug, and Cosmetic Act to require manufacturers of dietary supplements 
to list dietary supplements with the Food and Drug Administration; to 
the Committee on Health, Education, Labor, and Pensions.
  Mr. DURBIN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  Without objection, the text of the bill was ordered to be printed in 
the Record, as follows:

                                S. 4090

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Dietary Supplement Listing 
     Act of 2022''.

     SEC. 2. REGULATION OF DIETARY SUPPLEMENTS.

       (a) In General.--Chapter IV of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 341 et seq.) is amended by inserting 
     after section 403C of such Act the following:

     ``SEC. 403D. DIETARY SUPPLEMENT LISTING REQUIREMENT.

       ``(a) In General.--Each dietary supplement shall be listed 
     with the Secretary in accordance with this section.
       ``(b) Listing Submissions.--
       ``(1) In general.--Each responsible person, or, if the 
     responsible person is a foreign entity, the United States 
     agent, shall submit to the Secretary in accordance with this 
     section the following information for each dietary supplement 
     that will be marketed:
       ``(A) Any proprietary name of the dietary supplement and 
     the statement of identity, including brand name and specified 
     flavors, if applicable.
       ``(B) The full name, address, and telephone number for the 
     responsible person, and the name and e-mail address of the 
     owner, operator, or agent in charge of the responsible 
     person.
       ``(C) The full name, address, telephone number, and e-mail 
     address for the United States agent, if the responsible 
     person is a foreign entity.
       ``(D) The full business name and address of all locations 
     at which the responsible person manufactures, packages, 
     labels, or holds the dietary supplement.
       ``(E) An electronic copy of the label for the dietary 
     supplement, and an electronic copy of the package insert, if 
     any.
       ``(F) A list of all ingredients in the dietary supplement 
     required to appear on the label under sections 101.4 and 
     101.36 of title 21, Code of Federal Regulations, including--
       ``(i) the amount per serving of each listed ingredient, if 
     such information is required to appear on the label; and
       ``(ii) if required by section 101.36 of title 21, Code of 
     Federal Regulations, the percent of the daily value of each 
     listed ingredient.
       ``(G) The number of servings per container for each 
     container size.
       ``(H) The conditions of use.
       ``(I) Warnings and precautions.
       ``(J) Statements regarding major food allergens, as defined 
     in section 201(qq) of the Federal Food, Drug, and Cosmetic 
     Act (21 U.S.C. 321(qq)).
       ``(K) The dosage form, such as pill, capsule, liquid, or 
     powder.
       ``(L) Any claim that--
       ``(i) characterizes the relationship of any nutrient which 
     is of the type required by section 403(q)(1) or section 
     (q)(2) to be in the label or labeling of the food to a 
     disease or a health-related condition; or
       ``(ii) is subject to notification under section 403(r)(6) 
     that appears in the supplement's labeling.
       ``(M) The unique dietary supplement identifier for the 
     product, provided in accordance with paragraph (3).
       ``(2) Format.--A listing submitted under this section shall 
     be in such electronic form and manner as the Secretary may 
     prescribe. The Secretary shall promptly confirm, 
     electronically, receipt of a complete listing under this 
     section.
       ``(3) Unique listing identification numbers.--
       ``(A) In general.--The Secretary shall establish a unique 
     dietary supplement identifier system that shall be used by 
     the responsible person under this section.
       ``(B) Reservation of numbers.--The system shall allow a 
     responsible person to reserve multiple dietary supplement 
     identifier numbers in advance of listing.
       ``(C) Use requirement.--Any unique dietary supplement 
     identifier shall be used only in connection with the product 
     for which the identifier was used during the listing process.
       ``(4) Submission dates.--A responsible person under this 
     section shall report to the Secretary the listing information 
     described in paragraph (1) pursuant to the following 
     timelines:
       ``(A) In general.--
       ``(i) Existing dietary supplements.--In the case of a 
     dietary supplement that is being offered in interstate 
     commerce on the date that is 18 months after the date of 
     enactment of the Dietary Supplement Listing Act of 2022, a 
     listing for each such dietary supplement formulation 
     introduced or delivered for introduction into interstate 
     commerce by the responsible person for commercial 
     distribution shall be submitted by the responsible person 
     with the Secretary under this section not later than 60 days 
     after the date that is 18 months after the date of enactment 
     of such Act.
       ``(ii) New dietary supplements.--In the case of a dietary 
     supplement that is not being offered in interstate commerce 
     on the date that is 18 months after the date of enactment. of 
     the Dietary Supplement Listing Act of 2022, a listing for 
     each such dietary supplement formulation introduced or 
     delivered for introduction into interstate commerce by the 
     responsible person for commercial distribution which has not 
     been included in any listing previously submitted by the 
     responsible person to the Secretary under this section shall 
     be submitted to the Secretary prior to introducing the 
     dietary supplement into interstate commerce.
       ``(B) Reformulations.--A listing of each dietary supplement 
     formulation introduced by the responsible person for 
     commercial distribution that has a label that differs for 
     such dietary supplement from the representative label 
     provided under subsection (a) with respect to the product 
     name, amount of dietary ingredients, or other distinguishing 
     characteristics such as dosage form (such as pill, capsule, 
     liquid, or powder) shall be submitted to the Secretary not 
     later than 15 business days after introducing the dietary

[[Page S2157]]

     supplement with the change into interstate commerce.
       ``(C) Discontinued dietary supplements.--If the responsible 
     person has discontinued the commercial marketing of a dietary 
     supplement formulation included in a listing submitted by the 
     responsible person under subparagraph (A) or (B), the 
     responsible person shall report to the Secretary the date of 
     such discontinuance, within 90 days of the discontinuance of 
     the dietary supplement.
       ``(5) Supplier information record keeping requirement.--
     Each responsible person subject to the requirements of this 
     subsection shall maintain a record of the full business name 
     and address from which the responsible person receives any 
     dietary ingredient or combination of dietary ingredients that 
     the responsible person uses in the manufacture of the dietary 
     supplement, or, if applicable, from which the responsible 
     person receives the dietary supplement. The responsible 
     person shall make this information available to the Secretary 
     within 72 hours of request from the Secretary.
       ``(c) Electronic Database.--Beginning not later than 2 
     years after the Secretary specifies a unique dietary 
     supplement identifier system pursuant to subsection (b)(3), 
     the Secretary shall maintain an electronic database that--
       ``(1) is publicly accessible;
       ``(2) is populated with information regarding dietary 
     supplements that is provided under this section or any other 
     provision of this Act; and
       ``(3) enables the public to search the database by a 
     dietary supplement's unique dietary supplement identifier or 
     other field of information or combination of fields.
       ``(d) Authorization of Appropriations.--For purposes of 
     conducting activities under this section and hiring personnel 
     to carry out this section, there are authorized to be 
     appropriated $4,000,000 for fiscal year 2022 and $1,000,000 
     for each of fiscal years 2023 through 2026.''.
       (b) Misbranding.--Section 403 of the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 343) is amended by adding at the 
     end the following:
       ``(z) If it is a dietary supplement for which a responsible 
     person is required to file a listing under section 403D and 
     such responsible person has not made a listing with respect 
     to such dietary supplement.''.
       (c) New Prohibited Act.--Section 301 of the Federal Food, 
     Drug, and Cosmetic Act (21 U.S.C. 331) is amended by adding 
     at the end the following:
       ``(fff) The introduction or delivery for introduction into 
     interstate commerce of a dietary supplement that has been 
     prepared, packed, or held using the assistance of, or at the 
     direction of, a person debarred under section 306.''.
       (d) Rule of Construction.--Nothing in the amendments made 
     by subsections (a) through subsection (c) shall be construed 
     to expand the existing authorities of the Food and Drug 
     Administration, other than as specified in such amendments. 
     This subsection shall not be construed to--
       (1) limit the existing authorities of the Food and Drug 
     Administration; or
       (2) limit the authorities specified in the amendments made 
     by subsections (a) through subsection (c).

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