Statement of Congressman John D. Dingell, Ranking Member
Committee on Energy and Commerce

COMMITTEE ON ENERGY AND COMMERCE
MARKUP OF H.R. 4167, THE “NATIONAL UNIFORMITY FOR FOOD ACT OF 2005,” H.R. 4127, THE “DATA ACCOUNTABILITY AND TRUST ACT (DATA),”
AND H.R. 3699, THE “FEDERAL AND
DISTRICT OF COLUMBIA GOVERNMENT REAL PROPERTY ACT OF 2005”

December 15, 2005

Mr. Chairman, I appreciate the opportunity to speak on the legislation pending before us today.

The first item on the list, H.R. 4167, the "National Uniformity for Food Act of 2005," is being considered today without benefit of hearing and with no Subcommittee markup. Just like last Congress, members have not had a full opportunity to learn about, and debate, the provisions of this legislation. This is no minor bill -- it would bar States from food safety, labeling, and warning standards that are not identical to Federal standards. State food and drug officials are very concerned about the impact this bill would have.

What is wrong with having a hearing to explore what this language means? What is wrong with having Subcommittee consideration? This rushed and superficial process, which puts a premium on symbolic conflict and negates any chance of narrowing differences, will ultimately hurt the ability to get legislation to the President's desk.

On H.R. 3699, the “Federal and District of Columbia Government Real Property Act of 2005,” which the Committee has been provided a short referral period to consider, I support eliminating the waivers of environmental liability contained in the bill. Rather than providing statutory liability waivers, the General Services Administration and the District of Columbia should enter into mutually satisfactory agreements with respect to their respective financial obligations concerning cleanup and compliance with the various environmental laws.

Finally, I want to make a brief comment on H.R. 4127, the “Data Accountability and Trust Act (DATA), which has been pulled from today’s agenda. I want to commend you, Mr. Chairman, along with Subcommittee Chairman Stearns and Ranking Member Schakowsky, for your hard work since the Subcommittee markup to resolve the many issues that were highlighted at that markup.

The remaining major issue is a most important one, and that is the issue of enforcement. We are all in agreement that we need tough enforcement that will deter violations of the act. This bill is designed to provide important rights to consumers when their confidential information is compromised. But rights are meaningless without enforcement.

I am encouraged that the staff on both sides of the aisle are engaged in discussions that can lead to a resolution on this matter, so that we can proceed to report this bill early next year. I want to personally thank you, Mr. Chairman, for postponing this matter to give us time to reach that resolution.

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(Contact: Jodi Seth, 202-225-3641)