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The Honorable John Joseph Moakley 

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products, implementing the Maamography Quality Otandairds Act, 

 continuing to reduce review times for medical devices and human 

 and animal drugs, or fully implementing congressional 

 requirements related to the safety of medical devices? Or would 

 it be in thft best interest either of FDA or the public health to 

 assign the agency's increased resources to an altogether new 

 regulatory activity that, because of its controversial nature, 

 would be tied up in litigation for years and consume enormous 

 agency ancl othar govarnnont funds in the procet>»? I an not 

 persuaded that the latter course is best. 



It may be theoretically possible, I suppose, for the author 

 of this nmAndment to construot it so that it tevlinically would 

 not violate Rule XXI. In that event, I obviously would not be in 

 a posit Inn to argue that the amendment should not be made in 

 order on that basis. Irrespective of how such an amendment is 

 phraBAri, however, itc underlying intentiuii clearly is to 

 authorize the PDA to conduct business it heretofore has declined 

 to conduct, baood on an argument that Congress has not enacted 

 specific authorizing legislation. For the reasons set forth 

 above, I boliove auch an amendment would be no less ill-advised 

 on an appropriations bill than if it did violate Rule XXI. Thus, 

 in either oaae, I raapecCfully request that tne araendnent to 

 authorize FDA to use appropriated funds for the regulation of 

 nicotine in tobacco products not be made in order under the rule 

 for House consideration of the FDX appropriations bill. 



With every good wish 



JOHN D. DINGELL 

 CHAIRMAN 



cc: The Honorable uavid R. Obey, Chairman 

 Committee on Appropriations 



The Honorable Richard J. Durbin, Chairnan 

 Subconnittee on Agriculture, Rural Development, 

 Food and Drug Administration, and Related Agenda 



The Honorable Mike Synar 

 Member of Congress 



Mr. Nm Holmes Brown 

 Parliamentarian 



