[Congressional Record Volume 142, Number 10 (Thursday, January 25, 1996)]
[Extensions of Remarks]
[Pages E90-E91]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           SAMHSA REGULATION

                                 ______


                          HON. SAXBY CHAMBLISS

                               of georgia

                    in the house of representatives

                       Thursday, January 25, 1996

  Mr. CHAMBLISS. Mr. Speaker, the Food and Drug Administration and the 
Substance Abuse and Mental Health Services Administration [SAMHSA], 
both of which are located in the Department of Health and Human 
Services, have proposed tobacco regulations. FDA has just begun its 
regulatory process by issuing proposed regulations last August, while 
SAMHSA's final regulations are set to take effect this February. 
SAMHSA's regulations implement the so-called Synar amendment, which 
Congress passed with bipartisan support in 1992 to address the problem 
of underage tobacco use.
  The SAMHSA regulations are superior to FDA's more extreme approach. 
The SAMHSA regulations implement a clear congressional mandate. They 
will do a better job in a shorter time, with much less Federal 
involvement and much greater respect for the proper role of the States 
in our constitutional system.
  The Synar amendment conditions substance abuse grant assistance to 
the States on their taking steps to reduce youth access to tobacco and 
directs SAMSHA to issue implementing regulations. Today every State 
prohibits the sale of tobacco products to minors and imposes penalties 
for violations. In fact, as a result of the Synar amendment, since 1992 
some 30 States have taken additional legislative steps to reduce youth 
access to tobacco.
  While the SAMHSA regulations were still pending within HHS, FDA--an 
agency with no jurisdiction over tobacco and no authorization from 
Congress to act on youth tobacco issues--published its own extreme 
proposal to regulate tobacco products as medical devices. FDA is 
engaged in a blatant attempt to circumvent Congress and override the 
States. FDA's rules would nullify or supplant dozens of State youth 
access laws, in favor of an extremist, one-size-fits-all regulatory 
straightjacket imposed by Washington bureaucrats. FDA's proposed rules 
are an end-run around Congress and the States.
  Mr. Speaker, in contrast to FDA's extreme proposal, SAMHSA's approach 
allows flexible responses by the States to reduce underage smoking. 
FDA's proposed regulations should be withdrawn in favor SAMHSA's final 
regulations, which directly implement Congress's will show proper 
respect for the constitutional authority of the States.

[[Page E91]]


                        THE PRESIDENT'S MESSAGE

                                 ______


                            HON. MAC COLLINS

                               of georgia

                    in the house of representatives

                       Thursday, January 25, 1996

  Mr. COLLINS of Georgia. Mr. Speaker, after reflecting on the 
President's State of the Union Address Tuesday evening, I am deeply 
disturbed over the many contradictions in his speech. In one breath the 
President declared: ``The era of big Government is over.'' And in the 
next he states: ``But we cannot go back to the time when our citizens 
were left to fend for themselves.''
  The President is again trying to be all things to all people. But, he 
is being dishonest with the American people. The President knows the 
magnitude of our Government's financial crisis.
  Mr. Speaker, he knows our Nation is nearly $5 trillion in debt. He 
knows that Government subsidized programs and entitlements are draining 
our Nation's Treasury. And, he knows that to continue down this road 
leads us to moral and financial bankruptcy.
  Yet, the President continues to try and please everyone. He continues 
to pander to every person and every group that has come to depend on a 
Government subsidy paid for by the American taxpayer. He continues to 
pander to his voting base for the 1996 Presidential campaign.
  The elections of 1992 and 1994 were about change. The people of this 
Nation said ``enough is enough.'' The people told Washington they were 
tired of big government. They told Washington they were tired of the 
Democrat's tax and spend policies.
  Mr. Speaker, 1996 is another election year. And the President can 
read the polls. His State of the Union Address played to the people's 
desires and emotions. The President challenged Republicans in Congress 
to give him a balanced Federal budget, tax cuts for working Americans, 
welfare reform, educational scholarships, crime prevention programs. 
And the list goes on and on.
  Well Republicans have already met the President's challenge. But he 
failed to tell the American people that in his State of the Union 
Address.
  The President failed to tell the American people we gave him a 
balanced Federal budget--and he vetoed it.
  The President failed to tell the American people we gave him a bill 
that cut taxes for all working Americans--and he vetoed it.
  The President failed to tell the American people we gave him a bill 
to reform welfare as we know it--and he vetoed it.
  The President failed to tell the American people we gave him a bill 
providing $2 billion in new crime prevention programs--and he vetoed 
it.
  And, the President failed to tell the American people we gave him a 
bill that increases Federal funding for education, Medicare, Medicaid, 
veterans and all the Federal programs that help people help themselves. 
The President failed to tell the American people he vetoed it.
  Mr. Speaker, we did all of this and cut wasteful Federal spending and 
the Washington bureaucracy. We also did all this and returned the power 
and decisionmaking to individuals, families, and States.
  The President failed to tell this to the American people in his 
address. Why? Because Bill Clinton believes in big government. Bill 
Clinton believes in Washington bureaucrats making decisions instead of 
the people.
  The President was right when he said the era of big government is 
over. But the rest of his address was a last gasp for tax and spend big 
government. The American people rejected that philosophy in 1994 and we 
in Congress reject it now. We will not continue to pass on more and 
more financial obligations to our children and grandchildren.
  Mr. Speaker, Bill Clinton needs to be more honest with the American 
people. He needs to have a change of heart or we need to change 
President.

                          ____________________