[Congressional Record (Bound Edition), Volume 152 (2006), Part 9]
[House]
[Pages 12022-12024]
[From the U.S. Government Publishing Office, www.gpo.gov]




              RECOGNIZING THE FOOD AND DRUG ADMINISTRATION

  Mr. DEAL of Georgia. Mr. Speaker, I move to suspend the rules and 
agree to the concurrent resolution (H. Con. Res. 426) recognizing the 
Food and Drug Administration of the Department of Health and Human 
Services on the occasion of the 100th anniversary of the passage of the 
Food and Drugs Act for the important service it provides the Nation, as 
amended.
  The Clerk read as follows:

                            H. Con. Res. 426

       Whereas the Food and Drugs Act of June 30, 1906 (34 Stat. 
     768; chapter 3915), transformed the Food and Drug 
     Administration (``FDA'') into a scientific regulatory agency;
       Whereas the FDA is the oldest consumer protection agency in 
     the United States;
       Whereas the FDA is the primary consumer protection agency 
     in the United States and the world;
       Whereas FDA has the critical mission of protecting the 
     public health by ensuring that--
       (1) foods are safe, wholesome, sanitary, and properly 
     labeled;
       (2) human and veterinary drugs are safe and effective;
       (3) devices intended for human use are safe and effective;
       (4) cosmetics are properly labeled; and
       (5) consumers are protected from electronic product 
     radiation;
       Whereas FDA is also responsible for advancing the public 
     health by helping to speed innovations which improve peoples' 
     lives;
       Whereas, in protecting and promoting the health of citizens 
     of the United States, the FDA has been a pioneer and leader 
     in the field of food and drug science;
       Whereas people around the world enjoy a higher quality of 
     life due, in part, to the work of the FDA to expand food 
     safety, medical product safety, and regulatory science; and
       Whereas the centennial anniversary of the passage of the 
     1906 Food and Drugs Act occurs on June 30, 2006, marks the 
     100th anniversary of the Agency's founding, and is a major 
     milestone in FDA's celebrated history: Now, therefore, be it
       Resolved by the House of Representatives (the Senate 
     concurring), That the Congress recognizes the Food and Drug 
     Administration of the Department of Health and Human Services 
     and its employees for--
       (1) 100 years of service in working to ensure the safety of 
     our food and the safety and efficacy of our medical products;
       (2) providing leadership to the world in the regulatory 
     sciences; and
       (3) their hard work and extraordinary dedication to the 
     protection and promotion of our Nation's public health.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Georgia (Mr. Deal) and the gentleman from Texas (Mr. Gene Green) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Georgia.


                             General Leave

  Mr. DEAL of Georgia. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days within which to revise and extend 
their remarks on this legislation and to insert extraneous material on 
the bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Georgia?
  There was no objection.
  Mr. DEAL of Georgia. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise today in support of House Concurrent Resolution 
426, a resolution offered by the chairman of the Energy and Commerce 
Committee, Mr. Joe Barton of Texas, and the ranking member of the 
committee, Mr. John Dingell of Michigan.
  Today the House is honoring the 100th anniversary of the Food and 
Drug Administration, an organization responsible for ensuring the gold 
standard of safety for the medical products Americans use and the foods 
we consume.

                              {time}  1200

  For a century now, the dedicated public servants at FDA have worked 
professionally and tirelessly to promote public health by regulating 
drugs, biologics, medical devices and cosmetics in a science-based way. 
As a result of their continued efforts, the United States stands alone, 
rightfully laying claim to the safest and most effective medical 
product supply in the world.
  Additionally, the agency's vigilant work on food safety protects us 
against natural and man-made threats to the safety of the foods we eat.
  The long-standing tradition of professionalism and diligence of this 
importance agency, which regulates roughly 25 percent of our gross 
domestic product, continues today under the able leadership of the 
Acting Commissioner of Food and Drugs, Dr. Andrew C. von Eschenbach. 
Under his leadership, the FDA enters its second century of service, 
with both a broad history and a bright future.
  As chairman of the Energy and Commerce Health Subcommittee, I look 
forward to continuing to work closely with Dr. von Eschenbach and his 
agency's outstanding staff on many important public health issues. Mr. 
Speaker, I want to thank Dr. von Eschenbach and the more than 10,000 
civil servants for their continued service to the American people who 
are safer and healthier because of their efforts.
  Again, I would like to commend Chairman Barton and Ranking Member 
Dingell for offering this worthy

[[Page 12023]]

resolution and for their strong leadership on FDA-related issues. I 
encourage all of my colleagues to support this resolution.
  Mr. Speaker, I reserve the balance of my time.
  Mr. GREEN of Texas. Mr. Speaker, I yield myself such time as I may 
consume.
  I want to thank my colleagues, both Chairman Barton and Ranking 
Member Dingell, for introducing this resolution.
  The Food and Drug Administration is the Nation's premier consumer 
protection agency. It ensures that food and drugs are safe and properly 
labeled, that medical devices are safe and effective, and that 
cosmetics are properly labeled. In the 100 years since its founding, 
the FDA has changed with the times and has adapted to the health and 
safety needs of Americans.
  As initially enacted, the 1906 Food and Drug Act prohibited food, 
drinks and drugs to be adulterated or misbranded.
  Over the years, the scope of the FDA has increased significantly. In 
1938, its authority was extended to cosmetics and devices through a law 
that also established a new system for regulating drugs. The 1938 law 
also gave the authority to inspect factories.
  By the 1960s, the FDA's role in ensuring drug safety expanded even 
more as the 1962 drug amendments required pharmaceutical manufacturers 
to prove the effectiveness of their drugs before being allowed to 
market them.
  In 1958, the FDA played a key role in the country's response to the 
growing AIDS epidemic by approving the first blood test for AIDS.
  Given the sensitive nature of its many activities and the effect they 
have on Americans from all walks of life, the FDA has not been without 
controversy or its critics. Yet, 100-years after its creation, I hope 
that we can all agree that the FDA remains a critical part of our 
efforts to protect and improve the health and safety of our Nation.
  Every day, the FDA evaluates and approves new drugs and medical 
devices that improve our lives and productivity. It regulates food 
packages so we know what we are getting when we buy food for our 
families at the grocery store. The agency develops oversight policies 
regarding blood donations to ensure safe blood supplies. These are just 
some of the way the FDA's responsibilities are essential to protecting 
the public health.
  As we come up on the 100th anniversary of this vital Agency, I am 
happy to support this resolution honoring the FDA and its staff for 
their 100 years of work to protect and improve public health.
  Just a side note, Mr. Speaker, the FDA Commissioner von Eschenbach 
actually was a great researcher at M.D. Anderson in Houston, and with 
the National Cancer Institute, now at the FDA. Again, I know of no 
better person to be at the FDA because of both his experience, both as 
a cancer patient, but also as a researcher. He knows how important it 
is to make sure our drugs are protected will actually cure us, and will 
do what they say they will.
  Mr. Speaker, I reserve the balance of my time.
  Mr. DEAL of Georgia. Mr. Speaker, I have no other additional 
speakers, and I will be prepared to close. I reserve the balance of my 
time.
  Mr. GENE GREEN of Texas. Mr. Speaker, we have two speakers, and I am 
glad to yield 5 minutes to the gentleman from New York (Mr. Hinchey), a 
colleague from the same class of mine.
  Mr. HINCHEY. Mr. Speaker, I want to express my appreciation to my 
good friend and colleague from Texas (Mr. Gene Green) for providing me 
with this opportunity.
  As we have heard, Mr. Speaker, next week the Food and Drug 
Administration turns 100 years old, and it is unfortunate that this 
agency is not making laudatory headlines as it celebrates such an 
auspicious occasion.
  Instead, the Food and Drug Administration is at the nadir of its 
trustworthiness with the American people. Its basic defense of the 
public health has simply been perverted in the name of so-called 
conservative interests.
  As a member of the House Agriculture Appropriations Subcommittee 
which has oversight over the Food and Drug Administration, I have been 
frustrated by the agency's cozy relationship with the pharmaceutical 
industry whose products it is supposed to regulate.
  In 2001, fees paid by the drug companies funded 32 percent of the 
FDA's budget for drugs. Today, that figure is nearly 50 percent, and it 
is expected to go higher. Making matters worse, the FDA must negotiate 
with the drug industry on how those user fees are allocated. This 
financial dependency, along with the FDA's constant negotiations with 
companies over how to spend the fees, is the foundation for the 
conflict of interest that exists between the FDA and the pharmaceutical 
industry and others it is supposed to regulate.
  I have been alarmed that financial conflicts of interest are waived 
by the FDA among its advisory committee members. The agency relies 
heavily on these scientists and these experts to guide policy when 
questions arise concerning medical treatments. When the FDA allows 
conflicted scientists to serve on these boards, events that have 
occurred over 100 times already during this fiscal year alone, the 
public health is obviously jeopardized at the expense of inappropriate 
personal interests.
  I have been saddened by the stories I have heard from American 
families who have paid the price for mismanagement of this agency. I 
have met with many of these families on the efforts by the FDA to 
preempt their right to sue pharmaceutical companies in local and State 
courts. These families must be allowed to seek the understanding and 
justice they are owed after their loved ones are injured or killed from 
an adverse reaction to a product regulated by the FDA. I will meet with 
some of these families again later next week.
  For these and many other reasons, I and many of my Democratic 
colleagues have introduced legislation, the FDA Improvement Act and 
others, to address many of the loopholes that currently exist at this 
agency. This legislation would sever the financial links between the 
FDA and the drug companies. It would restore the independence of the 
FDA. It would strengthen the agency's efforts to guarantee post-market 
drug safety. It would eradicate conflicts of interest on FDA advisory 
boards. It would restore the public trust in this very critically 
important agency.
  Last month, the Wall Street Journal and Harris Interactive released a 
poll on public perceptions of the job that the FDA is doing on the 
safety of prescription drugs. Only 36 percent of the adults polled 
believe that the agency was doing a good job on ensuring the safety and 
efficacy on new prescription drugs. Eighty-two percent of the people 
polled believed that the FDA's decisions are influenced by politics 
over medical science to a great extent or at least to some extent.
  According to its own Web site, the FDA is our country's oldest 
consumer protection agency. It should be given the authority to do its 
job independently, and the administration should sufficiently use that 
authority to protect the American people. It is a two-step process.
  Yesterday, the American Association of Retired Persons reported that 
prices for brand-name pharmaceuticals jumped nearly 4 percent during 
the first 3 months of this year alone. The men and women paying for 
these drugs should be able to trust in the safety and the efficacy of 
the products for which they are paying so dearly.
  The Food and Drug Administration's 100th anniversary should be a time 
of celebration, and if we are going to make it such, we have to bring 
forward legislation to the floor of this House, legislation which makes 
the Food and Drug Administration free and independent, legislation 
which reestablishes the arm's-length relationship between the regulator 
and the regulated. That arm's-length relationship has completely 
disappeared because the FDA has become financially dependent upon the 
agency, the entities, the corporations, the drug companies that it is 
supposed to regulate, and that regulation has fallen apart.

[[Page 12024]]

  Let us bring forward legislation to the floor of this House which 
improves the FDA and protects the American people.
  Mr. GENE GREEN of Texas. Mr. Speaker, I yield 3 minutes to our 
colleague from Chicago (Mr. Davis).
  Mr. DAVIS of Illinois. Mr. Speaker, I want to join with my colleagues 
in thanking Congressmen Barton and Dingell for introducing H. Con. Res. 
426, which recognizes the 100th anniversary of the passage of the Food 
and Drug Act. I also want to thank the gentleman from Texas for 
yielding.
  I rise in support of this resolution. First of all, Chicago had a 
great deal to do with the development of the Food and Drug Act because 
of the book that Upton Sinclair wrote, ``The Jungle,'' and the vast 
stockyards and meat packing plants that were in Chicago, running amok 
and running afoul at that time.
  But I most directly want to associate my comments with those of the 
gentleman from New York (Mr. Hinchey), who just spoke, because I too 
believe that we must, in fact, have enough distance between the Food 
and Drug Administration and any kinds of political considerations.
  I have had the opportunity in the last few weeks to meet and hear and 
be in the presence of Dr. Andrew C. von Eschenbach, the new acting 
director, and I must tell you that I have been tremendously impressed 
with his vision, with the articulation of a mission for the Food and 
Drug Administration, and with the assurances that he continues to give 
that science-based evidence will be his approach.
  So I am optimistic about what the Food and Drug Administration is 
going to continue to do in the future, and we are going to find 
ourselves pleasantly pleased, I believe, under the leadership of Dr. 
von Eschenbach.
  So I thank the gentleman again from Texas for yielding.
  Mr. GENE GREEN of Texas. Mr. Speaker, again, I know I do not have the 
right to close, but I just encourage passage of this bill and recognize 
the 100 years, not that it is perfect, but we are still working on it, 
particularly in our committee, and encourage passage of the resolution.
  Mr. Speaker, I yield back my time.
  Mr. DEAL of Georgia. Mr. Speaker, I yield myself the balance of my 
time.
  Mr. Speaker, we are not here today to say that the Food and Drug 
Administration is infallible. They certainly have made mistakes, as I 
am sure every Member of this body has made mistakes.
  We are here, though, to say that over the past 100 years, there have 
been tens of thousands of FDA employees who have dedicated their lives 
to ensuring that our food and our medical products are safe. Time and 
again, Congress has entrusted fundamental safety responsibilities to 
the FDA.
  We do not have a perfect system, but because of the dedicated public 
servants at the FDA, the United States stands alone as having the 
safest and most effective medical products supply in the world.
  In 2002, we entrusted the FDA with new authorities to protect our 
food supply from terrorist threats. Every day, the employees at the FDA 
go to work to protect the best interests of the American people.
  Although we may have disagreements over particular issues, we are 
better off as a country by having the dedicated individuals at the FDA 
working for the American people. We should not politicize a resolution 
that seeks to recognize their hard work. Mr. Speaker, I urge the 
adoption of this concurrent resolution.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Georgia (Mr. Deal) that the House suspend the rules and 
agree to the concurrent resolution, H. Con. Res. 426, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the concurrent resolution, as 
amended, was agreed to.
  A motion to reconsider was laid on the table.

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