[Congressional Record Volume 142, Number 10 (Thursday, January 25, 1996)]
[Extensions of Remarks]
[Page E96]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           SAMSHA REGULATIONS

                                 ______


                            HON. BART GORDON

                              of tennessee

                    in the house of representatives

                       Thursday, January 25, 1996

  Mr. GORDON. Mr. Speaker, I came to the floor last August to express 
my opposition to Food and Drug Administration [FDA] Commissioner David 
Kessler's unilateral move to regulate tobacco products.
  I said that I supported the President's goal in reducing underage use 
of tobacco products, but the answer was not FDA regulation. Thirteen 
Federal agencies already regulate tobacco.
  I remarked that Congress had already spoken on the matter of youth 
access to tobacco products by passing the Synar amendment to the 
Substance Abuse and Mental Health Services Administration [SAMHSA]. I 
encouraged the President to direct the Health and Human Services [HHS] 
to release the final SAMHSA regulations so the will of Congress can 
proceed.
  Mr. Speaker, I come to the floor today--6 months later--to express my 
support for the final SAMHSA regulations. Now everyone can join hands 
and work together toward a common goal.
  The actions called for in the regulations are the most immediate and 
effective way to make positive gains in reducing youth access to 
tobacco products. The regulations recognize that the individual 
States--all of which have laws on the books which prohibit minors from 
purchasing tobacco products--are better equipped to enforce these laws 
than the Federal Government.
  Under the regulations, States are required to enforce their laws 
preventing the sale of tobacco to minors in a manner that is at least 
80-percent effective. States will have to conduct annual random, 
unannounced inspections to ensure compliance with the law. In addition, 
each State will be required to submit an annual report detailing its 
activities and its overall success.
  Mr. Speaker, the issue here is not whether juvenile use of tobacco 
products should be curbed. Everyone agrees it must be. Rather, the 
questions is how best can we make immediate and effective advances. 
Commissioner Kessler's unilateral attempt to create jurisdiction is not 
the answer. Over 3 years ago, Congress overwhelmingly asserted its 
commitment to prohibiting minors from purchasing tobacco products. 
Finally, Mr. Speaker, we now have the ability to start down the road of 
progress.

                          ____________________