[Congressional Record Volume 143, Number 140 (Thursday, October 9, 1997)]
[Extensions of Remarks]
[Pages E2009-E2010]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   FOOD AND DRUG ADMINISTRATION REGULATORY MODERNIZATION ACT OF 1997

                                 ______
                                 

                               speech of

                            HON. BART STUPAK

                              of michigan

                    in the house of representatives

                        Tuesday, October 7, 1997

  Mr. STUPAK. Mr. Speaker, I will support this bill today, because I 
believe this legislation will begin an important process in modernizing 
and improving the operations of the Food and Drug Administration. In 
addition, the bill will reauthorize and improve the highly successful 
Prescription Drug User Fees Act.
  However, I am concerned that we should not take up a bill of this 
magnitude on the Suspension Calendar. While it is true that Chairman 
Bliley and Ranking Member Dingell informed members of the Commerce 
Committee of their intentions, I do not believe this is an appropriate 
process.
  First, not every member of this body is a member of the Commerce 
Committee. We should not restrict the rights of the members of the 
House to debate and offer amendments to this legislation. We cannot 
know if members planned to offer amendments, since the regular order 
was not followed and the Rules Committee did not meet on this bill.
  Second, the Suspension of the Rules procedure is generally used to 
approve measures that are non-controversial or do not require large 
authorizations. This historical practice is reflected in Rule 28 of the 
House Republican Conference Rules that admonishes the Speaker not to 
schedule Suspension bills of over $100 million in authorization, except 
if he seeks a waiver from the leadership. When Democrats had control of 
the House, they instituted a similar procedure. This legislation 
authorizes user fees in great excess of the $100 million threshold and 
should be debated through regular order.
  Third, this legislation creates a number of new responsibilities for 
the Food and Drug Administration. In addition, the FDA will need to 
divert a substantial amount of resources to implement the new policy 
changes contained in this legislation. This year the President 
requested $68 million less than in FY 1997. Even though Congress 
appropriated substantially more, we must continue to ensure that the 
FDA has the resources to meet all its mandates, not just prescription 
drug reviews. I co-signed a letter with 85 other members of the House 
to request the President to expend more resources inspecting imported 
food. I have included a copy of the letter for the record and want to 
urge this body not to stretch the FDA so thin that it cannot perform 
its necessary public health functions.
  Finally, I intended to speak in support of my amendment to the 
legislation authorizing a notification procedure at the FDA in relation 
to Food Contact Substances. Although the substance of my legislation 
was adopted by the Committee, a portion of my proposed authorizing user 
fees, a concept supported by the industry that would pay the user fees, 
was not accepted. I want to make it clear that although I acceded to 
the request of the majority to drop the user fees, it is my sincere 
hope and belief that the House should accede to the Senate position in 
conference and adopt the user fees.
  In short Mr. Speaker, the issues surrounding this legislation are 
very complex. They do not lend themselves to suspending the rules of 
the House and expediting consideration, just because it is convenient. 
The Rules of the House protect the members in their rights to debate 
and thoughtfully consider legislation. I do not believe they should be 
suspended so lightly.

                                    Congress of the United States,


                           Washington, DC, September 24, 1997.

     Hon. William Jefferson Clinton,
     Washington, DC.
       Dear Mr. President: We urge you to give serious 
     consideration to remedying the inadequate food safety 
     provisions in the North American Free Trade Agreement 
     (NAFTA). Because of your commitment to ensuring the safety of 
     our nation's food supply, we expect that you will not agree 
     to fast track authority that does not contain adequate food 
     safety protections. Current fast track proposals do not 
     address these concerns.
       In an effort to increase trade with Mexico, NAFTA limited 
     border inspections of food and allowed Mexican trucks to 
     enter the U.S. with limited inspection.
       These lax inspection practices contributed to a sharp 
     increase in food imports from Mexico: imports of Mexican 
     fruit have increased 45 percent, and vegetable imports have 
     risen 31 percent. More than 70 percent of these imports are 
     carried into the U.S. on trucks. The General Accounting 
     Office (GAO) recently found that 99 percent of Mexican trucks 
     enter the U.S. without any inspection.
       These provisions in NAFTA have resulted in imports of 
     fruits and vegetables contaminated with diseases and 
     unhealthy pesticides. We were alarmed earlier this year when 
     179 Michigan school children contracted hepatitis after 
     eating tainted Mexican strawberries. In order to prevent 
     similar incidents in the future, we urge you to take the 
     following action:
       Renegotiate the provisions in NAFTA that relate to border 
     inspections and food safety, and ensure that any fast track 
     authority include strong food safety protections.
       Increase the funding for border inspections or, 
     alternatively, limit the increasing rate of food imports to 
     ensure the safety of our food supply.
       Begin an aggressive program to label all food stuffs--
     including fresh and frozen fruits, vegetables and meats--with 
     their country of origin.
       We look forward to working with you on these vital public 
     health issues.
           Sincerely,
         Sherrod Brown (D-13-OH), Bart Stupak (D-1-MI), Neil 
           Abercrombie (D-1-HI), Tom Allen (D-1-ME), John E. 
           Baldacci (D-2-ME), Jim Barcia (D-5-MI), Rod Blagojevich 
           (D-5-IL), David Bonior (D-10-MI), Sonny Bono (R-44-CA), 
           Bob Borski (D-3-PA), George Brown Jr. (D-42-CA), Julia 
           Carson (D-1-OR), Tom Coburn (R-2-OK), Jerry Costello 
           (D-12-IL), John Conyers (D-14-MI), William J. Coyne (D-
           14-PA), Pat Danner (D-6-MO), Danny Davis (D-7-IL), Jim 
           Davis (D-11-FL), Peter DeFazio (D-4-OR), Rosa Delauro 
           (D-3-CT), William Delahunt (D-10-MA), Ronald Dellums 
           (D-9-CA), Mike Doyle (D-18-PA).
         Eliot Engel (D-17-NY), Lane Evans (D-17-IL), Vic Fazio 
           (D-3-CA), Marc Foley (R-16-FL), Martin Frost (D-24-TX), 
           Elizabeth Furse (D-1-OR), Sam Gejdenson (D-2-CT), Luis 
           Gutierrez (D-4-IL), Maurice D. Hinchey (D-26-NY), Jay 
           Johnson (D-8-WI), Paul E. Kanjorski (D-11-PA), Marcy 
           Kaptur (D-9-OH), Joseph Kennedy (D-8-MA), Patrick 
           Kennedy (D-1-RI), Dale Kildee (D-9-MI),

[[Page E2010]]

           Ron Kind (D-3-WI), Ron Klink (D-4-PA); Dennis Kucinich 
           (D-10-OH),
         Tom Lantos (D-12-CA), John Lewis (D-5-GA), William O. 
           Lipinski (D-3-IL). James H. Maloney (D-5-CT), Thomas 
           Manton (D-7-NY), Matthew Martinez (D-31-CA), Frank 
           Mascara (D-20-PA), Carolyn McCarthy (D-4-NY), Jim 
           McGovern (D-3-MA), Cynthia Ann McKinney (D-4-GA), Marty 
           Meehan (D-5-MA), Jack Metcalf (R-2-WA), George Miller 
           (D-7-CA), Patsy Mink (D-2-HI), Jerrold Nadler (D-8-NY), 
           Jim Oberstar (D-8-MN), David R. Obey (D-7-WI), John 
           Olver (D-1-MA), Frank Pallone (D-6-NJ), William J. 
           Pascrell (D-8-NJ), Colin Peterson (D-7-MN), Glen 
           Poshard (D-19-IL), Steve Rothman (D-9-NJ), Lynn Rivers 
           (D-13-MI), Bobby Rush (D-1-IL).
         Martin Sabo (D-5-MN), Bernard Sanders (I-At Large-VT), 
           Adam Smith (D-9-WA), Debbie Stabenow (D-8-MI), Pete 
           Stark (D-13-CA), Ted Strickland (D-6-OH), Karen Thurman 
           (D-5-FL), John Tierney (D-6-MA), Ed Towns (D-10-NY), 
           James A. Traficant, Jr. (D-17-OH), Bruce Vento (D-4-
           MN), Nydia Velasquez (D-12-NY), Peter J. Visclosky (D-
           1-IN), Maxine Waters (D-35-CA), Mel Watt (D-12-NC), 
           Henry Waxman (D-29-CA), Robert Wexler (D-19-FL), Robert 
           A. Weygand (D-2-RI), Sid Yates (D-9-IL).

           

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