[House Report 109-249]
[From the U.S. Government Publishing Office]



109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    109-249

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  PROVIDING FOR CONSIDERATION OF H.R. 554, PERSONAL RESPONSIBILITY IN 
                      FOOD CONSUMPTION ACT OF 2005

                                _______
                                

  October 17, 2005.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

   Mr. Gingrey, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 494]

    The Committee on Rules, having had under consideration 
House Resolution 494, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 554, the 
Personal Responsibility in Food Consumption Act of 2005, under 
a structured rule. The rule provides one hour of general debate 
equally divided and controlled by the chairman and ranking 
minority member of the Committee on the Judiciary. The rule 
waives all points of order against consideration of the bill.
    The rule provides that the amendment in the nature of a 
substitute recommended by the Committee on the Judiciary now 
printed in the bill shall be considered as an original bill for 
the purpose of amendment.
    The rule makes in order only those amendments printed in 
this report. The rule provides that the amendments printed in 
this report may be considered only in the order printed in this 
report, may be offered only by a Member designated in this 
report, shall be considered as read, shall be debatable for the 
time specified in this report equally divided and controlled by 
the proponent and an opponent, shall not be subject to 
amendment, and shall not be subject to a demand for division of 
the question in the House or in the Committee of the Whole. The 
rule waives all points of order against the amendments printed 
in this report. The rule provides one motion to recommit with 
or without instructions.

                         EXPLANATION OF WAIVERS

    The Committee on Rules is not aware of any points of order 
against consideration of the bill. The waivers of all points of 
order are prophylactic in nature.

                  SUMMARY OF AMENDMENTS MADE IN ORDER

    (Summaries derived from information provided by sponsors.)
    1. Sensenbrenner: Manager's Amendment. Makes technical 
changes to the section of the bill that sets out the types of 
information a plaintiff must provide to a judge to allow the 
court to determine whether the lawsuit should proceed or be 
dismissed. Clarifies that the pleading provision in H.R. 554 is 
meant to apply to all cases seeking obesity-related damages. 
Adds the phrase ``for each defendant and cause of action'' to 
clarify that a judge must apply H.R. 554's pleading 
requirements to each specific claim. This prevents a plaintiff 
from improperly using a claim that is not barred by H.R. 554 as 
a means of pursuing obesity-related claims that are barred by 
H.R. 554 against the same or other defendants. (10 minutes)
    2. Jackson-Lee: Prohibits the food industry from initiating 
lawsuits against any person for damages or other relief due to 
injury or potential injury based on a person's consumption of a 
qualified food product and weight gain, obesity, or any health 
condition that is associated with a person's weight gain or 
obesity. (10 minutes)
    3. Filner: Exempts those who are age eight and under from 
the provisions of this Act as it relates to large chain 
outlets. (10 minutes)
    4. Scott (VA): Exempts State law enforcement actions from 
the impact of the legislation to ensure that Attorneys General 
and State agencies can enforce State consumer protection laws 
concerning mislabeling or other unfair and deceptive trade 
practices. (10 minutes)
    5. Waxman: Exempts lawsuits involving a dietary supplement 
relating to a person's weight gain, obesity or any health 
condition associated with weight gain or obesity. (10 minutes)

                    TEXT OF AMENDMENTS MADE IN ORDER

   1. An Amendment To Be Offered by Representative Sensenbrenner of 
          Wisconsin, or His Designee, Debatable for 10 Minutes

  Page 4, line 8, strike ``(B)''.
  Page 5, line 9, strike ``(B)''.
  Page 5, line 12, insert ``for each defendant and cause of 
action'' before the dash.
  Page 5, line 13, insert ``and the specific facts alleged to 
satisfy each element of the cause of action'' before the 
semicolon.
  Page 5, line 15, strike ``were allegedly violated;'' and 
insert ``allegedly create the cause of action; and''.
  Page 5, line 16, strike ``the specific facts'' and all that 
follows through the end of line 19 and insert ``the section 
4(5)(B) exception being relied upon and the specific facts that 
allegedly satisfy the requirements of that exception.''.
                              ----------                              


 2. An Amendment To Be Offered by Representative Jackson-Lee of Texas, 
               or Her Designee, Debatable for 10 Minutes

    Page 6, line 24, insert after ``trade association,'' the 
following: ``or a civil action brought by a manufacturer or 
seller of a qualified product, or a trade association, against 
any person,''.
                              ----------                              


 3. An Amendment To Be Offered by Representative Filner of California, 
               or His Designee, Debatable for 10 Minutes

  At the end of the bill, add the following new section:

SEC. __. LIMITATION.

  Notwithstanding any other provision of this Act, this Act 
does not apply to an action brought by, or on behalf of, a 
person injured at or before the age of 8, against a seller 
that, as part of a chain of outlets at least 20 of which do 
business under the same trade name (regardless of form of 
ownership of any outlet), markets qualified products to minors 
at or under the age of 8.
                              ----------                              


 4. An Amendment To Be Offered by Representative Scott of Virginia, or 
                 His Designee, Debatable for 10 Minutes

  At the end of the bill, add the following new section:

SEC. __. STATE CONSUMER PROTECTION ACTIONS.

  Notwithstanding any other provision to the contrary in this 
Act, this Act does not apply to an action brought by a State 
agency to enforce a State consumer protection law concerning 
mislabeling or other unfair and deceptive trade practices.
                              ----------                              


 5. An Amendment To Be Offered by Representative Waxman of California, 
               or His Designee, Debatable for 10 Minutes

  At the end of the bill, add the following new section:

SECTION __. NOT APPLICABLE TO DIETARY SUPPLEMENTS.

  Notwithstanding any other provision of this Act, this Act 
does not apply to a claim of injury involving a dietary 
supplement relating to a person's weight gain, obesity or any 
health condition associated with weight gain or obesity.

                                  
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