[House Report 109-511]
[From the U.S. Government Publishing Office]




109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     109-511

======================================================================

 
   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 TO THE NATION

                                _______
                                

   June 20, 2006.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

    Mr. Barton of Texas, from the Committee on Energy and Commerce, 
                        submitted the following

                              R E P O R T

                    [To accompany H. Con. Res. 426]

  The Committee on Energy and Commerce, to whom was referred 
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 to the Nation, having considered the same, report 
favorably thereon without amendment and recommend that the 
concurrent resolution be agreed to.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     1
Background and Need for Legislation..............................     2
Hearings.........................................................     2
Committee Consideration..........................................     2
Committee Votes..................................................     2
Committee Oversight Findings.....................................     2
Statement of General Performance Goals and Objectives............     2
New Budget Authority, Entitlement Authority, and Tax Expenditures     2
Committee Cost Estimate..........................................     3
Congressional Budget Office Estimate.............................     3
Federal Mandates Statement.......................................     3
Advisory Committee Statement.....................................     3
Constitutional Authority Statement...............................     3
Applicability to Legislative Branch..............................     3
Section-by-Section Analysis of the Legislation...................     3
Changes in Existing Law Made by the Bill, as Reported............     3

                          PURPOSE AND SUMMARY

    H. Con. Res. 426 recognizes the Food and Drug 
Administration (FDA) of the Department of Health and Human 
Services for 100 years of service in working to ensure that 
food is safe and medical products are safe and effective.

                  BACKGROUND AND NEED FOR LEGISLATION

    On June 30, 1906, President Theodore Roosevelt approved the 
Federal Food and Drugs Act. This act prohibited the 
introduction into interstate commerce of misbranded and 
adulterated food and drugs. The Act became the framework of the 
modern FDA. This resolution recognizes the United States Food 
and Drug Administration and its employees for: (1) 100 years of 
service in ensuring 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.

                                HEARINGS

    The Committee on Energy and Commerce has not held hearings 
on the legislation.

                        COMMITTEE CONSIDERATION

    On Thursday, June 15, 2006, the Committee on Energy and 
Commerce met in open markup session and ordered H. Con. Res. 
426 reported to the House, without amendment, by a voice vote, 
a quorum being present.

                            COMMITTEE VOTES

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list the record votes 
on the motion to report legislation and amendments thereto. 
There were no recorded votes taken in connection with ordering 
H. Con. Res. 426 reported. A motion by Mr. Deal to order H. 
Con. Res. 426 reported to the House, without amendment, was 
agreed to by a voice vote.

                      COMMITTEE OVERSIGHT FINDINGS

    Pursuant to clause 3(c)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee has not held oversight 
or legislative hearings on this legislation.

         STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

    June 30, 2006 marks the 100th anniversary of the Federal 
Food and Drugs Act. H. Con. Res. 426 recognizes the FDA for 100 
years of service in working to ensure that our food is safe and 
our medical products are safe and effective.

   NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX EXPENDITURES

    In compliance with clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives, the Committee finds that H. 
Con. Res. 426 would result in no new or increased budget 
authority, entitlement authority, or tax expenditures or 
revenues.

                        COMMITTEE COST ESTIMATE

    The Committee finds that H. Con. Res. 426 would result in 
no new costs to the Federal government.

  CONGRESSIONAL BUDGET OFFICE ESTIMATE AND FEDERAL MANDATES STATEMENT

    The Congressional Budget Office estimate required pursuant 
to clause 3(c)(3) of rule XIII of the Rules of the House of 
Representatives section 402 of the Congressional Budget Act of 
1974, and the estimate of Federal mandates required pursuant to 
section 423 of the Unfunded Mandates Reform Act were not 
requested from the Congressional Budget Office as this 
resolution would result in no new costs to the Federal 
government.

                      ADVISORY COMMITTEE STATEMENT

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds that the 
Constitutional authority for this legislation is provided in 
Article I, section 8, clause 3, which grants Congress the power 
to regulate commerce with foreign nations, among the several 
States, and with the Indian tribes.

                  APPLICABILITY TO LEGISLATIVE BRANCH

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

    The resolution recognizes the Food and Drug Administration 
of the Department of Health and Human Services and its 
employees for: (1) 100 years of service in ensuring 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.

         CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    This legislation does not amend any existing Federal 
statute.

                                  
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