75TH CONGRESS 3D SESSION Calendar No. 1381 S. 3073 IN THE SENATE OF THE UNITED STATES NOVEMBER 16 (calendar day, December 1), 1937 Mr. COPELAND introduced the following bill; which was rend twice and referred to the Committee on Commerce JANUARY 5 (calendar day, FEBRUARY 9), 1938 Reported by Mr. COPELAND, without amendment 1 A BILL To safeguard the public health. Be it enacted by the Senate and Ilouse of Representa 2 tives of the United States of America in Congress assembled, 3 That (a) in order to safeguard the public health against the 4 distribution of drugs which have not become generaily recog5 nized as safe for use, no person shall introduce or deliver 6 for introduction into interstate commerce any drug composed, 7 in whole or in part, of any substance or combination of sub8 stances, which substance or combination is not generally 9 recognized as safe for use in the dosage and with the fre10 quency and duration prescribed, recommended, or suggested 11 in the labeling thercof, unless the packer of such drug holds 12 a notice of a finding by the Secretary that such drug is not 13 unsafe for use. 1 2 (b) To enable the Secretary to make a finding on any 2 such drug the packer thereof shall submit to the Secretary 3 (1) full reports of investigations which have been made to 4 show whether or not such drug is safe for use; (2) a full list 5 of the articles used as components of such drug; (3) a full 6 description of the methods used in, and the facilities and 7 controls used for, the manufacture, processing, and packing 8 of such drug; (4) a full statement of the composition of such 9 drug; (5) such samples of such drug and of the articles used as components thereof as the Secretary may require; and (6) 11 specimens of all proposed labeling for such drug. 10 12 (c) To aid and adviso him in making such finding the 13 Secretary is hereby authorized to create a board consisting 14 of one representative from each of the following organiza15 tions: The Public Health Servico of the United States Treas 16 ury Department, the American Institute of Homeopathy, 17 the American Medical Association, the United States Phar18 macopoeial Convention, the American Pharmaceutical Asso19 ciation, and the Food and Drug Administration of the Depart20 ment. No person who has a financial interest in the manu21 facturo or distribution of any drug shall servo on such board. 22 The Secretary is authorized to pay to cach member of the 23 board who is not a representative of a Federal department $25 24 per day for each day he is engaged in the work of the board. 3 1 The appropriation for the enforcement of the Food and Drugs 2 Act is hereby specifically made available for such purpose, 3 and for travel and other expenses of all members of the board 4 in accordance with the fiscal regulations of the Department. 5 (d) If the Secretary, after having received the aid and 6 advice of such board, finds that (1) such investigations 7 include tests by all existing methods reasonably applicable 8 to such drug; (2) the results of such tests do not show that 9 such drug is unsafe for use as prescribed, recommended, or 10 suggested in the labeling thereof; (3) the methods used in, 11 and the facilitics and controls used for, the manufacture, 12 processing, and packing of such drug are adequate to pre13 serve the identity, strength, quality, and purity thereof; and 14 (4) that such drug otherwise complies with the other pro15 visions of the Food and Drugs Act, he shall issue to such 16 packer a notice of finding that such drug is not unsafe for usc. In case the Secretary refuses to issue such notice he 18 shall notify the packer of his reasons for such refusal. 17 19 (c) The Secretary shall promulgate regulations for 20 exempting from the operation of this section drugs intended 21 solely for investigational use by persons qualified by scientific 22 training and experience to make investigations as contem23 plated by this section. 4 1 (f) This section shall not be construed to apply to drugs 2 subject to the Virus, Scrum, and Toxin Act of July 1, 1902 3 (U. S. C., 1934 ed., title 26, ch. 4). 1682 CONGRESSIONAL RECORD SENATE There being no objection, the bill was considered, ordered to be engrossed for a third reading, read the third time, and passed. MEMORIAL The VICE PRESIDENT laid before the Senate a paper in the nature of a memorial, signed by Mrs. H. R. Summerhayes and Mrs. T. Alden Hatch, of Schenectady, N. Y remonstrating against the enactment of the joint resolution (S. J. Res. 134) proposing an amendment to the Constitution of the United States relative to the ratification of constitutional amendments by popular vote, which was referred to the Committee on the Judiciary. NATIONAL LABOR RELATIONS BOARD Mr. MINTON presented a resolution adopted by Local No. 917, United Electrical, Radio, and Machine Workers of America (Indiana), which was referred to the Committee on Education and Labor and ordered to be printed in the RECORD, as follows: Whereas an open attack on the National Labor Relations Board and the Wagner Act itself is now on foot; and Whereas the Wagner Labor Relations Act is the only law on our statute books giving the worker the right to organize in a union of his or her own choice; and Whereas this attack, being wered by the emissaries of big bustness, is just another brazen attempt to hamstring the National Labor Relations Bord by curting their funds: Therefore, be it Resolved, That this organization, the United Electrical, Radio, and Machine Workers of America, Loci 017, most heartily protest any change of the act in its present form, ard ve most eaphatically protest the cut of $400,000 from the original appropriaof the act; and be it further Resolved, That we here and now oppose any and all of the socalled amendments to the Wegner Libor Relations Let, as the whole intent and purpose of amendment is to kill the real purpose of the act: and be it further Reived, Test a copy of this resolution be set to our Caen and Enstc., the End Committee cu Lucas on and Lebor, the Surete Judiciary Comme, House Lr Commiters, House Rules Committee, Senate Lupations Comice, also to the South Bend In Mil Count, the Internation! O. of the United Electrical, Raulo, and 12ine Worters of Americ, and to our official paper, the People's F.; and to it further Resolved, That ve ak cur Corazon And Saniors to late their opinion on this most impo. matter and that they use every effort to have the cut of 100,000 stored to the tional Labor Relations Board, to that they may chectively carTY on their work. REGIONAL PLANNING FOARDS Mr. KING. 1r. President, a qui-public organi ation of my State-namely, the Utah Water Storage Coumissionrecently adopied and transmitted to me a resolution which I ask to have inserted in the RCORD and appropriately referred. There being no objection, the resolution was refcred to the Committee on Agriculture and Forestry, and ordered to be printed in the RECORD, &s folows: At a meeting of the Utah Water Etorage Commission held at the Sinte capitol building in Salt Lake City, Utah, on Tuesday, Junuary 4, 1933, the following resolution was Launimo ly riepted: "Be it resolved, That the Water Storage Comminion cpposes the enactment of either the Insteld bill (H. R. 7265) or the Norris bill (S. 2555) as now written. Some of the objections to the bills are: "(1) Eoth bills provide for an unnersary addition to existing Federal agencies for the investigation and planning of conservation projects. (2) The Norris bill creates rev construction agencies to perform some of the vc now ably performed by the Bureau of Reclamation and similar organizations, "(3) The functions of State planning agencies are curtailed. "(4) The sovereign rights of the Setes to control the use and distribution of waters within their boundaries are entirely ignored. "(5) The bills erroneously refer to water as the property of the United States.' "(6) The bills authorize the transfer of power projects and Incidental works' from the Bureau of Reclamation, the Corps of Army Engineers, and other efficient Federal agencies to the new regional authorities (7) The Norris bill requires approval by the regional authorities of dams, appurtenant structures, and other works in any navigable stream and in any tributary thereof. "(8) Regional authorities could, by the approval and construction of projects on interstate streams, create a priority of use of water in favor of one State as against and at the expense of other States on the same stream. FEBRUARY 9 "(9) Although the United States Constitution requires the approval of interstate compacts by Congress, this power is delegates to the regional authorities under the Norris bill and to the President after consultation with the regional agencies under the Mansfield bill. "Be it further "Resolved, That this commission is opposed to the enactment of the Hayden bill (amendment in the nature of a substitute to the Mansfield bill, H. R. 7365) for the reason that it is not definite in several important particulars: (1) There are no provisions as to the number of regional planning boards to be created or as to the areas to be served thereby. (2) The powers and duties of the regional planning board are not clearly defined or limited. (3) There is no definite recognition of the sovereignty of the States over waters within their boundaries. "Be it further "Resolved, That copies of this resolution be sent to the Governor of Utah, the attorney general, and to the Utah delegation in Congress." UTAH WATER STORAGE COMMISSION. By WM. PETERSON, Chairman (Acting). By T. H. HUMPHREYS, Secretary. REPORTS OF COMMITTEES Mr. GLASS, from the Committee on Eanking and Currency, to which was referred the bill (S. 2205) to authorize the Secretary of the Treasury to cancel obligations of the Reconstruction Finance Corporation incurred in supplying funds for relief at the authorization or direction of Congress, and for other purposes, reported it with an amendment and submitted a report (No. 1327) thereon. Mr. COPELAND, from the Committee on Commerce, to which were referred the following bills, reported them each without amendinent. S. 3073. A bill to safeguard the public health; and S.3330. A bill to and section 3 of the act of May 27,. 1983 (49 Stat. 1351), ent Med. "La not to provide for a change in the decimation of the Durenu of Navigation and Sreerabat Inspection, to create a roaring carualty investigation board and inmere cciency in administration of the shamba b‐inencelion lows, and fer other purposes." IT. SHEPPARD, from the Committee on Commerce, to which was referred the biU (IL R. 6394) authorizing the completion of the elling project for the protection of the sea wall at Galveston Harbor, Tez, reported it with an araendment and submitted a report (ikkɔ. 1223) thereon. GOVERNMENTAL ADJUSTMETY OF PURCHASING POWER OF THE LOLLAR Mr. THOMAS of Olichoma, from the Committee on Agricniture and Forestry, to which was referred the resolution (S. Res. 216) favoring governamen al adjustment of the purchasing power of the car so as to attain 1026 wholesale commodity price levels (su' mitted by IT. THOMAS of Oklahoma January 7, 1935), reported it with an amendment and submitted a report (Ko. 1333) thereon. DIVISTICATION OF CORDITTOKS IN THE BIRCHANT MARINE Mr. CCPELAND. 1. President, yesterday I submitted a resolution (S. Res. 231) creating a special committce to investigate conditions in the American Lic:cliant marine. The Committee on Commerce, to which the solution was referred, has &roved it, and I now report the resolution back favorably, without amendment, and ask that it be referred to the Committee to Audit and Control the Contingent Expens's of the Senate. The VICE PRESIDENT. Without objection, the report will be received, and the resolution will be referred as requested by the Senator from New York. BILLS AND JOINT RESOLUTION INTRODUCED Bills and a joint resolution were introduced, read the first time, and, by unanimous consent, the second time, and referred as follows: By Mr. THOMAS of Oklahoma: A bill (S. 3423) conferring jurisdiction upon the United States District Court for the Eastern District of Oklahoma to hear, determine, and render judgment upon the claim of D. X. Sanders; to the Committee on Claims. A bill (S. 3424) granting a pension to Maud Carrico; to the Committee on Pensions. |