E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 105 CONGRESS, SECOND SESSION Vol. 144 WASHINGTON, WEDNESDAY, MARCH 11, 1998 No. 25 Senate The Senate met at 9 a.m. and was RECOGNITION OF THE ACTING period for the transaction of morning called to order by the President pro MAJORITY LEADER business not to extend beyond the hour tempore [Mr. THURMOND]. The PRESIDENT pro tempore. The of 11 a.m., with Senators permitted to able acting majority leader is recog- speak therein for up to 10 minutes nized. each. PRAYER f Under the previous order, the Sen- ator from North Dakota, Mr. CONRAD, The Chaplain, Dr. Lloyd John SCHEDULE Ogilvie, offered the following prayer: is recognized to speak for up to 30 min- Mr. ALLARD. Mr. President, on be- utes. Almighty God, Sovereign of history half of the majority leader, I announce f and personal Lord of our lives, today that today the Senate will be in a pe- we join with Jews throughout the riod of morning business until 11 a.m. NATIONAL TOBACCO POLICY world in the joyous celebration of to accommodate a number of Senators Mr. CONRAD. Mr. President, I am Purim. We thank You for the inspiring who have requested time to speak. At coming to the floor this morning to ad- memory of Queen Esther who, in the 11 a.m., the Senate will resume consid- dress the question of national tobacco fifth century B.C., threw caution to the eration of S. 1173, the highway bill. It policy. I was asked last year by the wind and interceded with her husband, is hoped that the donor amendment Democratic leadership to chair the the King of Persia, to save the exiled will be available to be offered at 11 Senate Democratic task force on to- a.m., followed by the finance title. Jewish people from persecution. The bacco legislation. After adoption of the finance title, it Today, we have 31 cosponsors of our words of her uncle, Mordecai, sound in will be the majority leader's intention bill called the HEALTHY Kids Act. The our souls: ``You have come to the king- to conduct the cloture vote that had purpose of this legislation is, first of dom for such a time as this.''Ð(Esther previously been postponed by unani- all, to reduce teen smoking, because we 4:14) mous consent. believe that is the overarching prior- Lord of circumstances, we are moved With that in mind, Members should ity, and to protect the public health. profoundly by the way You use individ- anticipate a very busy voting day, with The HEALTHY Kids Act represents uals to accomplish Your plans and ar- votes occurring in the evening. We will responsible tobacco policy. As I have range what seems like coincidence to attempt to complete action on the said, it protects children; it promotes bring about Your will for Your people. highway bill. the public health; it helps tobacco I yield the floor, and I suggest the ab- You have brought each of us to Your farmers who are completely left out of sence of a quorum. kingdom for such a time as this. You the proposed settlement. It resolves The PRESIDING OFFICER. The Federal, State, and local claims whisper in our souls, ``I have plans for clerk will call the roll. against the tobacco industry. It invests you, plans for good and not for evil, to The assistant legislative clerk pro- in children and health care, and it pro- give you a future and a hope.''Ð(Jere- ceeded to call the roll. vides savings for Social Security and Mr. CONRAD. Mr. President, I ask miah 29:11) Medicare, and it reimburses taxpayers unanimous consent that the order for Grant the Senators a heightened for the costs that were imposed on the quorum call be rescinded. sense of the special role You have for them by the use of these tobacco prod- The PRESIDING OFFICER (Mr. AL- ucts. each of them to play in the unfolding LARD). Without objection, it is so or- drama of American history. Give them dered. Importantly, the HEALTHY Kids Act also does not provide special protection a sense of destiny and a deep depend- f ence on Your guidance and grace. to the tobacco industry. The RESERVATION OF LEADER TIME HEALTHY Kids Act protects children Today, on Purim, we renew our com- The PRESIDING OFFICER. Under in several different ways. First, it pro- mitment to fight against sectarian in- the previous order, leadership time is vides for a healthy price increase on to- tolerance in our own hearts and reli- reserved. bacco products. The reason for that is, gious persecution in so many places in f all of the experts that came and testi- our world. This is Your world; let us fied before our task forceÐand we had not forget that ``though the wrong MORNING BUSINESS 18 hearings and we heard from over 100 seems oft so strong, You are the Ruler The PRESIDING OFFICER. Under witnessesÐsaid that first and most im- yet.'' Amen. the previous order, there will now be a portant in any comprehensive strategy · This ``bullet'' symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. S1715 S1716 CONGRESSIONAL RECORD Ð SENATE March 11, 1998 to protect the public health is to have taurants with seating for less than 50 bacco farmers. They deserve to have a healthy price increase, that children people, non-fast-food franchise type some consideration of their economic who are the most vulnerable, children restaurants. We did that because the plight. We provide $10 billion over 5 who, after all, are the people who keep experts told us that compliance would years for assistance to farmers and the tobacco industry going because if be an issue. It is very difficult on an their communities, and we authorize you don't start when you are young, economic basis for some of these very funding for transition payments to you don't startÐninety percent of small restaurants to adjust to a smoke- farmers and quota holders, rural and smokers start before the age of 19. free requirement. We have also exempt- community economic development ef- Nearly half start before the age of 14. ed prisons, tobacco shops, and private forts, retraining for tobacco factory Once started, it is very hard to quit. So clubs. We have also said there will be workers and tobacco farmers. It's even if you are going to have an effective, no State or local preemption. The Fed- authorized to have college scholarships comprehensive strategy, you have to eral Government is not going to go for farm families who are adversely af- do lots of different things. One of them into a jurisdiction and say, ``You do it fected by this tobacco legislation. is to have a healthy price increase. our way and that's it.'' We have al- The HEALTHY Kids Act provides for Second, we provide for full FDA au- lowed local jurisdictions to have no immunity for the tobacco industry. thority. The Food and Drug Adminis- stronger regulations if they so choose. This is also an area of great con- tration ought to have the ability to The second major element of promot- troversy and great debate. The tobacco regulate this product just as they regu- ing the public health is to provide for industry is coming to us and saying, late other drugs that are brought to document disclosure. This is an area of look, we will not agree to any restric- market. real controversy. What documents tions on our advertising or marketing Third, our legislation provides for ought to be disclosed? We believe there unless you give us special legal protec- strong look-back penalties. Look-back is a public right to know, that the pub- tionÐlegal protection, by the way, penalties is a simple way of saying you lic ought to be able to have access to that has never been granted to any set a goal for reduction of teen smok- the documents that are being revealed. other industry ever. That is what they are asking for. They are saying they ing, and if there is a failure to reach We see in Minnesota a major con- have to be given a special shield. They those goals, the industry pays a pen- troversy now about what documents are saying that they want a whole se- alty. are going to be released. We hope and ries of legal actions to be barred, such In the proposed settlement, the goal trust that ultimately all of the rel- as government actionsÐall government is to reduce teen smoking by 60 percent evant documents will be made avail- actions barred under the terms of this over 10 years. In our legislation, our able for the public, so that they know proposed settlement; all actions that goal is to reduce teen smoking by 67 what has happened in the past, what involve addiction or dependency are percent over 10 years. As an incentive has been the behavior of this industry, barred under the provisions of the pro- to the industry to accomplish those and what has been the effect of their posed settlement; they bar all class ac- goals, we put in these so-called look- products. tions under the proposed settlement, back penalties in our legislation, and We provide that all documents be dis- such as consolidations and other meas- that is 10 cents a pack industrywide.