Don Nickles: “Members of this Chamber are well aware of the national debate on the question of the Food and Drug Administration's…”

“Members of this Chamber are well aware of the national debate on the question of the Food and Drug Administration's jurisdiction to regulate tobacco and tobacco products. To highlight the scope of this debate, I want to point out that this question is currently under review by the U.S. Court of Appeals. It is also a significant issue of debate between Members of Congress as well as Congress and the administration. I am concerned that the inclusion of this provision may be interpreted by some as an attempt by Congress to indirectly affirm FDA's authority to regulate tobacco. It is my understanding that a recent report from the American Law Division of the Congressional Research Service stated that section 404 or any other provision in the FDA reform bill 'would not interfere with or lessen the agency's authority to regulate tobacco products.' I notice that a rule-of-construction amendment has been included in the FDA reform bill that is intended to clarify further that section 404 of the bill will not affect any authority which the FDA may have to regulate tobacco.”