Congressional Record, Volume 143 Issue 6 (Thursday, January 23, 1997)

[Congressional Record Volume 143, Number 6 (Thursday, January 23, 1997)]
[Senate]
[Pages S676-S682]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

By Mrs. MURRAY (for herself and Mr. Wyden):
S. 200. A bill to amend the Wild and Scenic Rivers Act to designate a
portion of the Columbia River as a recreational river, and for other
purposes;

[[Page S677]]

to the Committee on Energy and Natural Resources.

the columbia river hanford reach protection act of 1997

Mrs. MURRAY. Mr. President, I rise today to introduce a bill that, in
one act, will do more to protect and restore the threatened salmon runs
on the Columbia River than anything else this Government has tried.
This bill will designate the last free-flowing stretch of the Columbia
River, the Hanford Reach, as a recreational river under the Wild and
Scenic Rivers Act.
The bill I introduce today, with Senator Ron Wyden, is identical to
S. 1489, my bill from the 104th Congress. That bill was developed with
a broad spectrum of local interests who worked for months to create a
bill with widespread support. While the 104th Congress did not take
action on this bill, I feel confident that my colleagues of the 105th
Congress will see the tremendous economic and environmental benefits of
designating the reach a wild and scenic river and will help me pass
this important legislation.
Much has happened in the year since I introduced S. 1489. Most
important, the scientific community has verified what many locals
already knew: The Hanford Reach will make an enormous contribution to
salmon recovery on this embattled river. The Independent Scientific
Group [ISG], an expert panel of fisheries scientists, reviewed the full
range of salmon recovery programs now in place on the Columbia River.
The ISG concluded that the Hanford Reach will be critical to our
efforts to recover salmon throughout the Columbia Basin. It suggested
that chinook salmon from the reach may serve as a core population from
which adults could stray to upstream and downstream tributaries and,
given good conditions, may reestablish lost or declining runs.
In this last year, we have fostered a growing consensus that the
reach is too precious to risk harming. The Governors of the three
States of Washington, Oregon, and Alaska recommended protection for the
reach, citing it as critical to maintaining healthy stocks of salmon
vital to sustaining the region's fishing economy. The Northwest Power
Planning Council has endorsed designation of the reach as a wild and
scenic river. Likewise, a number of tribal governments have supported
continuing Federal protection of the Reach. Many other wildlife and
conservation groups, including Trout Unlimited, the Nature Conservancy,
American Rivers, and the Audubon Society have recognized the importance
of this stretch of the Columbia and have joined the effort to save it.
Finally, newspapers in Seattle, Portland, Yakima, and elsewhere have
endorsed wild and scenic designation.
Let me remind my colleagues of the splendors of this 50-mile section
of the river. While most of the Columbia River Basin was being
developed for agriculture, hydroelectricity, and other economic
activities, the Hanford Reach and other buffer lands within the Hanford
Nuclear Reservation were kept pristine. Ironically, it was the veil of
secrecy and security surrounding the Manhattan project that
simultaneously protected the now scarce shrub-steppe ecosystem and
created tremendous nuclear and chemical contamination. Fortunately, the
arid land, the river's tremendous volume, and new cleanup and
restoration technology has minimized the harm done to this vital river.
And vital it is. Its free-flowing nature provides superb habitat that
produces 80 percent of the Columbia Basin's fall chinook salmon, as
well as thriving runs of steelhead trout and sturgeon. It is the only
truly healthy segment of the mainstem of the Columbia River. As the
Pacific Northwest is struggling to restore declining salmon runs--and
spending hundreds of millions of dollars annually to do so--protecting
the Hanford Reach is the most cost-effective step we can take since it
is already federally owned.
The reach is also rich in other natural and cultural resources. Bald
eagles, wintering and migrating waterfowl, deer, elk, and a diversity
of other wildlife depend on the reach. It contains dozens of rare,
threatened, and endangered plants and animals. Biologists have
identified several new plant species that they believe are unique and
found only on lands near the reach.
This part of the Columbia Basin is also of great importance to native
Americans, who have lived along the shores and islands of the reach for
millennia. There are over 150 archaeological sites along the Hanford
Reach, some dating back more than 10,000 years. The reach's naturally
spawning salmon remain a vital part of the modern culture and religion
of native Americans in the area.
Another area of importance within the reach is the White Bluffs.
These fragile cliffs offer dramatic scenery, unique habitat, and
fascinating geologic history. Unfortunately, a downstream section of
the bluffs has been impacted by irrigation water flowing through the
unstable Ringold formation sediments causing it to slide into the
river, smothering spawning beds, reducing water quality, and deflecting
the course of the river. Should these slumps continue or migrate
upstream, some scientists fear the river could become contaminated when
it is pushed onto the nuclear reactors lining its south shore. Wild and
scenic river designation might help prevent such catastrophes.
The reach also provides an abundance of recreational opportunities.
It is very close to the tri-cities of Kennewick, Pasco, and Richland,
WA, and several hours drive from the major urban centers of Seattle and
Portland. It affords residents and visitors opportunities to hunt,
boat, fish, hike, kayak, water ski, bird watch, or simply relax and
enjoy the solitude. The reach adds tremendously to the quality of
life--and economy--of the area.
It is because of the reach's importance to the local residents and
economy that I convened a diverse group of area citizens in 1995 to
develop this bill that I reintroduce today. This Hanford Reach Advisory
Panel had a wide array of interests and concerns that we addressed in
this bill. For example, there was a concern about the potential impact
a wild and scenic river designation could have on the traditional uses
of the water and nearby lands. So, the panel incorporated specific
language to protect current economic activities, such as agriculture,
power generation and transmission, and water withdrawals. This bill
excludes the 3 percent of private property recommended in the National
Park Service's Record of Decision in order to honor the request of
those private land owners. The legislation also guarantees that local
government and interests have a formal role in the management of the
river corridor, which will come under the jurisdiction of the U.S. Fish
and Wildlife Service.
In addition, this bill includes the advisory panel's recommendation
that the Secretary of the Interior and relevant Federal agencies work
with local and State sponsors to develop a program of education and
interpretation related to the Hanford Reach. The city of Richland and
area tribes, among others, have been working with the Department of
Energy on a museum and regional visitor center proposal and are eager
to make the natural and human history of the reach part of the project.
This legislation includes provisions urged by the advisory panel to
improve the habitat value, access, and appearance of the Columbia River
shoreline in the tri-cities' area. Much of the rivershore is now lined
with high, steep levees that were put in place before the network of
dams controlled the flow of the river and reduced the need for such
flood control structures. This bill directs the Army Corps of
Engineers, which built, owns, and maintains the levees, to coordinate
with local sponsors on demonstration projects to restore the
rivershore. The bill directs the corps to undertake some small levee
modification projects in partnership with Kennewick, Pasco, and the
Port of Kennewick in the short-term. For the longer term, the corps is
directed to undertake a comprehensive study of the levees and determine
if rivershore restoration is feasible and should become a Federal
priority.
Mr. President, let me conclude by again thanking my Hanford Reach
Advisory Panel and reiterating to my colleagues the importance of
protection of the Hanford Reach. The reach is the last free-flowing
section of the mighty Columbia and as such produces outstanding salmon
habitat, superb recreational opportunities, and vital economic
benefits. I urge my colleagues to take speedy action, pass this
important bill and permanently protect the Hanford Reach as a wild and
scenic river.

[[Page S678]]

______

By Mr. FORD:
S. 201. A bill to provide for the establishment of certain
limitations on advertisements relating to, and the sale of, tobacco
products, and to provide for the increased enforcement of laws relating
to underage tobacco use, and for other purposes; to the Committee on
Commerce, Science, and Transportation.

THE TOBACCO PRODUCTS CONTROL ACT OF 1997

Mr. FORD. Mr. President, pertaining to that bill I have just sent to
the desk, Mark Twain used to tell the story about a businessman known
for his ruthlessness. The man once told him that before he died he
wanted to make a pilgrimage to the Holy Land, climb Mount Sinai, and
read the Ten Commandments aloud at the top. ``I have a better idea,''
Twain said. ``Why don't you stay home and keep them.''
As I reintroduce my legislation to combat youth smoking, that is the
same message I would like to send to the antitobacco zealots. They are
more than happy to shout from the mountaintop their message against
youth smoking, but I have a better idea--sit down and make it happen.
The antitobacco advocates talk forcefully about the numbers of
teenagers who begin smoking every day. In citing those figures, those
advocates are nothing short of negligent if they reject my legislation
and allow this issue to be delayed indefinitely by a court fight. They
will clearly be choosing delay over compromise, self-promotion over
certain progress.
The fact of the matter is that while they are willing to spend
millions of dollars on glitzy ad campaigns, they are not willing to
spend any energy forging a compromise. They will not even come to the
table. That kind of hardheadedness may mean they can enjoy the
limelight a little bit longer, but what about the kids they say they
want to protect?
Back in August, just a day after receiving word that the
administration was set to sign off on FDA's new regulations on youth
smoking, I stood before a gathering of the Kentucky State Farm Bureau
and told them that this was an issue that would be decided either in
the courts or in Congress. I told them that without a doubt, the voice
of the Kentucky farmer stood a much better chance of being heard in
Congress.
But, what my colleagues and the American people need to understand is
that our children also stand a much better chance if we solve it in
Congress. That is why I am back to reintroduce legislation to solve the
problem of youth smoking.
Why legislation over regulation? Because FDA regulation is tantamount
to years of court wrangling, creates an entire new bureaucracy at a
time of Government downsizing, and perhaps most disturbing to farmers,
goes well beyond what is needed to target youth smoking.
The Federal Register notice accompanying the regulation says, ``FDA
intends to classify cigarettes and smokeless tobacco at a future time,
and will impose any additional requirements that apply as a result of
their classification * * *'' If farmers look to FDA interpretation of
that language, they see a grim future for tobacco. Bringing in the FDA
also creates a whole new bureaucracy when tobacco is already regulated
by at least seven Federal agencies. Listen to these. They are regulated
by USDA, they are regulated by HHS, BATF, IRS, SAMHSA, EPA, and FTC.
If you want to know all those initials, I would be glad to do that.
SAMHSA is important. That is the so-called Synar amendment, our
departed colleague from Oklahoma, that he passed, as it related to
youth smoking and set up criteria for States. My State has passed a law
to meet the requirements of the SAMHSA legislation produced for and by
our late, departed Congressman. My legislation seeks to reach the same
goal, but under the framework already in place, which is the SAMHSA
law.
But what should be most disturbing to all Americans about taking the
regulatory route is the fact that the regulation will amount to nothing
more than rhetoric, because it will inevitably be tied up in court for
years and years over constitutional questions. What this problem calls
for is reason, not more rhetoric. That is why I introduced legislation
last year, and that is why I am introducing legislation this year.
My legislation represents serious, enforceable measures to combat
teenage smoking. But it does not interfere with the legal, private
decisions of adults, nor does it trample on the first amendment's
protection of free speech. The same cannot be said for FDA regulations,
which have already sent advertising, tobacco industry and FDA lawyers
scrambling to the courts, setting up for lengthy legal challenges,
where the fight will go on for years and years.
Even if FDA jurisdiction is upheld in the pending North Carolina
lawsuit, litigation is still sure to go for years and years, with the
problem of teen smoking continuing unabated.
My legislation is an effort to reach what I believe should be our
common goal, reducing youth smoking, but reaching that goal within the
limits set down by the Constitution, without creating a new
bureaucracy, and most important, reaching it today rather than
tomorrow.
The bill I introduced last year and the bill I am introducing today
would ban outdoor advertising of cigarettes and smokeless tobacco
products within 500 feet of schools, prevent advertising of cigarettes
and smokeless tobacco products in publications with any significant
youth subscribership, and prohibit sampling of cigarettes and smokeless
tobacco products to young people.
I believe the bill I introduced last year was sufficient to reach our
common goal. However, this year I have broadened that legislation to
accommodate many of the other provisions of the FDA regulations,
including a ban on advertising at sports and entertainment events
attended by youth, and requiring the presentation of photo ID for the
purchase of tobacco products. Many of our stores today are requiring
photo ID. This will make it a law that they must present a photo ID for
the purchase of tobacco products.
In many areas, my legislation actually goes beyond FDA regulations.
For example, my bill bans both paid tobacco advertisements or props in
movies and cigarettes or smokeless tobacco advertising in videos, video
game machines, or family amusement centers.
My legislation this year is different from last year's legislation in
one other important way. I believe it can represent a bipartisan effort
to solve the problem. In the end, that might be the most important
difference because, as my colleagues are well aware, no major tobacco
legislation has ever been approved without bipartisan support.
Mr. President, antitobacco advocates--Democrats and Republicans--all
share a common goal: reducing the number of youths smoking. If we put
our collective efforts together resolving that problem rather than
advancing personal agendas, I believe we can solve the problem. I look
forward to doing so this year in the spirit of bipartisanship and
cooperation.
Mr. President, I know that I am suspect because I am here
representing a tobacco-growing State. But let me tell you that the
University of Kentucky commissioned a poll, and almost 90 percent of
the people in my State oppose youth smoking. I am not here representing
just tobacco people, I am here representing my constituents who say
that youth should not smoke.
All we are trying to do is make it an adult decision, trying not to
create another layer of bureaucracy to stop youth smoking sooner than
later. If these people who are antitobacco or antismoking want to
really help, come to the table. Let's sit down and work these things
out. Put it into law. The President will sign it, I have no question
about that. But if we send this to the President, we get it signed, and
it goes into force, we can stop it sooner than later. Five years from
now it will still be in court. We have had some first-amendment
questions before the Court recently--last year--that shook up the whole
thrust of the FDA regulations.
So I am here with an honest effort, only armed with the silver tongue
of the truth, as I have heard it said, but I would like for everyone to
know that this is a serious, honest effort on behalf of my constituents
and on behalf of the youth of this country that we get on with the
business that we were sent here to do and to make this effort
meaningful, and meaningful in the direction I think all of us want to
go.

[[Page S679]]

Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:

S. 201

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Tobacco Products Control Act
of 1997''.

SEC. 2. AMENDMENT TO FEDERAL CIGARETTE LABELING AND
ADVERTISING ACT.

The Federal Cigarette Labeling and Advertising Act is
amended by inserting after section 7 (15 U.S.C. 1335) the
following:

``additional advertising restrictions

``Sec. 7A. (a) Billboards.--
``(1) In general.--It shall be unlawful to advertise
cigarettes on any outdoor billboard that is located within
500 feet of any public or private elementary or secondary
school.
``(2) Exception.--Paragraph (1) shall not apply to any
advertisement that is non-brand name specific if such
advertisement is erected or maintained at street level and
affixed to business establishments selling tobacco products
at retail.
``(b) Periodicals.--It shall be unlawful to advertise
cigarettes in a newspaper, magazine, periodical or other
publication if the subscribers of such publication who are
under the age of 18 years constitute more than 15 percent of
the total subscribership of such publication as certified by
the publisher. The Federal Trade Commission shall annually
publish a list of the publications that are subject to this
subsection.
``(c) Stadia and Arenas.--
``(1) In general.--Except as provided in paragraph (2), it
shall be unlawful to advertise cigarettes in any arena or
stadium where amateur or professional sporting events or
activities occur.
``(2) Exceptions.--Paragraph (1) shall not apply to any
advertisement that--
``(A) is contained in a program distributed at a sporting
event;
``(B) is displayed at a concession stand that sells
cigarettes; or
``(C) is displayed during a sporting event where the
sponsor of the event involved has, prior to the event,
provided the Federal Trade Commission with a certification
that at least 75 percent of the attendees of such event are
age 18 or older.
``(d) Licensing Payments.--
``(1) In general.--No payment shall be made for the use of
a trade or brand name of a nontobacco product as the trade or
brand name for a cigarette.
``(2) Exception.--Paragraph (1) shall not apply to a
cigarette that uses a trade or brand name if such trade or
brand name was used both for a cigarette and a nontobacco
product sold in the United States on January 1, 1995.
``(e) Transportation Advertisements.--It shall be unlawful
to advertise cigarettes in or on taxis, buses, trains, or in
subway, bus, or train stations, terminals, or platforms
unless the advertisement is displayed at a site where
cigarettes are sold.
``(f) Motion Pictures.--No payment shall be made by any
cigarette manufacturer or any agent thereof for the placement
of any cigarette, cigarette package, or cigarette
advertisement as a prop in any motion picture produced for
viewing by the general public.
``(g) Video Games.--No cigarette brand name or logo shall
be placed in a video or on a video game machine, and no brand
name or logo may be placed on or within the premises of
family amusement centers.
``(h) Definitions.--As used in this section--
``(1) Amusement ride or attraction.--The term `amusement
ride or attraction' means--
``(A) any mechanized device or combination of devices that
carry passengers along, around, or over a fixed or restricted
course for the purpose of giving its passengers amusement,
pleasure, thrills, or excitement; or
``(B) any building or structure around, over, or through
which individuals may walk, climb, slide, jump or move that
provides such individuals with amusement, pleasure, thrills,
or excitement;

except that such term does not include coin-operated
amusement devices that carry no more than 2 individuals,
devices regulated by the Federal Aviation Administration, the
Federal Railroad Administration (or State railroad
administrations), or vessels under the jurisdiction of the
Coast Guard (or State division of the water patrol), tractor
pulls, auto or motorcycle events, horse shows, rodeos, or
other animal shows, games and concessions, nonmechanical
playground equipment, or any other devices or structures
designated by the Federal Trade Commission.
``(2) Family amusement center.--The term `family amusement
center' means an enterprise offering amusement or
entertainment to the public through the use of one or more
amusement rides or attractions.
``(3) Video game.--The term `video game' means any
electronic amusement device that utilizes a computer,
microprocessor, or similar electronic circuitry and its own
cathode ray tube, or is designed to be used with a television
set or a monitor, that interacts with the user of the
device.''.

SEC. 3. AMENDMENT TO COMPREHENSIVE SMOKELESS TOBACCO HEALTH
EDUCATION ACT OF 1986.

The Comprehensive Smokeless Tobacco Health Education Act of
1986 is amended by inserting after section 3 (15 U.S.C. 4402)
the following:

``advertising restrictions

``Sec. 3A. (a) Billboards.--
``(1) In general.--It shall be unlawful to advertise a
smokeless tobacco product on any outdoor billboard that is
located within 500 feet of any public or private elementary
or secondary school.
``(2) Exception.--Paragraph (1) shall not apply to any
advertisement that is non-brand name specific if such
advertisement is erected or maintained at street level and
affixed to business establishments selling tobacco products
at retail.
``(b) Periodicals.--It shall be unlawful to advertise any
smokeless tobacco product in a newspaper, magazine,
periodical or other publication if the subscribers of such
publication who are under the age of 18 years constitute more
than 15 percent of the total subscribership of such
publication as certified by the publisher. The Federal Trade
Commission shall annually publish a list of the publications
that are subject to this subsection.
``(c) Stadia and Arenas.--
``(1) In general.--Except as provided in paragraph (2), it
shall be unlawful to advertise smokeless tobacco product in
any arena or stadium where amateur or professional sporting
events or activities occur.
``(2) Exceptions.--Paragraph (1) shall not apply to any
advertisement that--
``(A) is contained in a program distributed at a sporting
event;
``(B) is displayed at a concession stand that sells
smokeless tobacco product; or
``(C) is displayed during a sporting event where the
sponsor of the event involved has, prior to the event,
provided the Federal Trade Commission with a certification
that at least 75 percent of the attendees of such event are
age 18 or older.
``(d) Licensing Payments.--
``(1) In general.--No payment shall be made for the use of
a trade or brand name of a nontobacco product as the trade or
brand name for a smokeless tobacco product.
``(2) Exception.--Paragraph (1) shall not apply to a
smokeless tobacco product that uses a trade or brand name if
such trade or brand name was used both for a smokeless
tobacco product and a nontobacco product sold in the United
States on January 1, 1995.
``(e) Transportation Advertisements.--It shall be unlawful
to advertise smokeless tobacco product in or on taxis, buses,
trains, or in subway, bus, or train stations, terminals, or
platforms unless the advertisement is displayed at a site
where smokeless tobacco products are sold.
``(f) Motion Pictures.--No payment shall be made by any
smokeless tobacco manufacturer or any agent thereof for the
placement of any smokeless tobacco product, smokeless tobacco
package, or smokeless tobacco advertisement as a prop in any
motion picture produced for viewing by the general public.
``(g) Video Games.--No smokeless tobacco product brand name
or logo shall be placed in a video or on a video game
machine, and no brand name or logo may be placed on or within
the premises of a family amusement center.
``(h) Definitions.--As used in this section:
``(1) Amusement ride or attraction.--The term `amusement
ride or attraction' means--
``(A) any mechanized device or combination of devices that
carry passengers along, around, or over a fixed or restricted
course for the purpose of giving its passengers amusement,
pleasure, thrills, or excitement; or
``(B) any building or structure around, over, or through
which individuals may walk, climb, slide, jump or move that
provides such individuals with amusement, pleasure, thrills,
or excitement;

SEC. 4. AMENDMENT TO PUBLIC HEALTH SERVICE ACT.

Section 1926 of the Public Health Service Act (42 U.S.C.
sec. 300x-26) is amended--
(1) in subsection (a), by striking paragraph (1) and
inserting the following:
``(1) In general.--Subject to paragraph (2), for fiscal
year 1998 and subsequent fiscal years, the Secretary may make
a grant under section 1921 only if the State involved has in
effect a law providing that--
``(A) it is unlawful for any manufacturer, retailer, or
distributor of cigarettes or smokeless tobacco products to
sell or distribute any such product to any individual

[[Page S680]]

under the age of 18, and such manufacturer, retailer, or
distributor shall, in all face to face transactions involving
an individual who appears to be under the age of 26, verify
such age by means of an official (issued by the Federal or
State government) photographic identification containing the
date of birth of the bearer;
``(B) no person, firm, partnership, company, or corporation
shall operate a vending machine which dispenses cigarettes or
smokeless tobacco products unless such vending machine is in
a location that is in plain view and under the direct
supervision and control of the individual in charge of the
location or his or her designated agent or employee;
``(C) the restrictions described in subparagraph (B) shall
not apply in the case of a vending machine that is located--
``(i) at a private club;
``(ii) at a bar or bar area of a food service
establishment;
``(iii) at a factory, warehouse, tobacco business, or any
other place of employment which has an insignificant portion
of its regular workforce comprised of individuals under the
age of 18 years and only if such machines are located in an
area that is not accessible to the general public; or
``(iv) in such other location or made available in another
manner that is expressly permitted under applicable State
law;
``(D) it is unlawful for any person engaged in the selling
or distribution of cigarettes or smokeless tobacco products
for commercial purposes to distribute without charge any
cigarettes or smokeless tobacco products, or to distribute
coupons which are redeemable for cigarettes or smokeless
tobacco products, except that this subparagraph shall not
apply in the case of distribution--
``(i) through coupons contained in publications for which
advertising is not restricted under section 7A of the Federal
Cigarette Labeling and Advertising Act or section 3A of the
Comprehensive Smokeless Tobacco Health Education Act of 1986,
coupons obtained through the purchase of cigarettes or
smokeless tobacco products, or coupons sent through the mail;
``(ii) where individuals can demonstrate, through a
photographic identification card, that the individual is at
least 18 years of age;
``(iii) in locations that are separately segregated to deny
access to individuals under the age of 18; or
``(iv) through such other manners or at other locations
that are expressly permitted under applicable State law;
``(E) it is unlawful to for any manufacturer, retailer, or
distributor of cigarettes or smokeless tobacco products to
sell or distribute non-tobacco merchandise related to such
cigarettes or smokeless tobacco products unless--
``(i) with respect to a face-to-face transactions, the
individual is 18 years of age or older as verified, in the
case of an individual who appears to be under the age of 26,
by means of an official (issued by the Federal or State
government) photographic identification containing the date
of birth of the bearer;
``(ii) with respect to other transactions, the individual
involved provides a signed certification together with a copy
of an official (issued by the Federal or State government)
photographic identification containing the date of birth of
the individual that such individual is 18 years of age or
older; and
``(iii) with respect to items of clothing or hats, such
clothing or hat is made available in only adult sizes;
``(F) it is unlawful for any manufacturer, retailer, or
distributor of cigarettes or smokeless tobacco products to
display those products in a manner that causes those products
to be accessible to anyone other than an employee of the
manufacturer, retailer, or distributor, except that such
prohibition shall not apply to a display--
``(i) if the display is located within the physical reach
of an employee of the manufacturer, retailer, or distributor
working at the normal work station of the employee; or
``(ii) if an employee of the manufacturer, retailer, or
distributor is able to monitor the display through the use of
in-store mirrors, video cameras, or by other means;
``(G) it is unlawful for any retailer to break or otherwise
open any cigarette package to sell or distribute individual
cigarettes or a number of unpackaged cigarettes that is
smaller than the quantity in the minimum cigarette package
size of 20 cigarettes, or any quantity of cigarette tobacco
that is smaller than the smallest package distributed by the
manufacturer for individual consumer use; and
``(H) it is unlawful for any retailer to break or otherwise
open any smokeless tobacco package to sell or distribute any
quantity of smokeless tobacco that is smaller than the
smallest package distributed by the manufacturer for
individual consumer use.'';
(2) in subsection (a)(2)--
(A) by striking ``1993'' and inserting ``1997'';
(B) by striking ``1994'' and inserting ``1998''; and
(C) by striking ``1995'' and inserting ``1999'';
(3) in subsection (c)--
(A) in paragraph (1), by striking ``10 percent'' and
inserting ``20 percent'';
(B) in paragraph (2), by striking ``20 percent'' and
inserting ``40 percent'';
(C) in paragraph (3), by striking ``30 percent'' and
inserting ``60 percent''; and
(D) in paragraph (4), by striking ``40 percent'' and
inserting ``80 percent'';
(4) in subsection (d)--
(A) in paragraph (1), by striking ``1995'' and inserting
``1999''; and
(B) in paragraph (2), by striking ``1994'' and inserting
``1998''; and
(5) by adding at the end the following:
``(e) Enforcement.--Any amounts made available to a State
through a grant under section 1921 may be used to enforce the
laws described in subsection (a).
``(f) Definitions.--As used in subsection (a)(1), the term
`private club' means an organization with no more than an
insignificant portion of its membership comprised of
individuals under the age of 18 years that regularly receives
dues or payments from its members for the use of space,
facilities and services.''.

SEC. 5. AMENDMENT TO FEDERAL FOOD, DRUG, AND COSMETIC ACT.

Chapter IX of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 391 et seq.) is amended by adding at the end the
following:

``SEC. 906. PROHIBITION ON REGULATION OF TOBACCO PRODUCTS.

``Nothing in this Act or any other Act shall provide the
Food and Drug Administration with any authority to regulate
in any manner tobacco or tobacco products (as such terms are
defined for purposes of section 5702(c) of the Internal
Revenue Code of 1986.''.

Mr. HELMS. Mr. President, Senator Ford's introduction of the Tobacco
Products Control Act of 1997 is a good first step toward addressing the
problem of youth access to tobacco products. I shall work with Senator
Ford and other colleagues in solving it.
Mr. President, the tobacco industry has made it absolutely clear that
the choice to smoke must be for adults only to make. There is not one
tobacco farmer in North Carolina who approves of children and teenagers
smoking.
However, the transparent vendetta waged by overzealous bureaucrats in
the Food and Drug Administration against the tobacco family has been
outrageous. It is a misguided attempt to expand the jurisdiction of FDA
at a time when the agency is clearly failing in its stipulated mission,
and is an obvious attempt to usurp congressional authority. Congress
has considered--and rejected--numerous FDA attempts to regulate
tobacco.
Mr. President, I thank my able colleague, Senator Ford, who has
worked so faithfully on behalf of America's tobacco farmers. Once
again, I am honored to stand with him.
Mr. FAIRCLOTH. Mr. President, I want to thank Senator Ford for
introducing legislation regarding the regulation of tobacco.
With respect to this very controversial issue, let us set one thing
straight--no one supports teen smoking. We need to do more to
discourage youths from smoking. No one is opposed to reasonable
legislation that would curb young people from smoking. That much is
clear and everyone agrees on it.
Also, the tobacco companies have pledged that they will do more to
curb teen smoking.
What is questionable is the notion of the FDA regulating tobacco as
if it were a drug. This is a stretch by anyone's standards. President
Clinton has said that the era of big government is over, and yet he has
allowed the FDA to vastly increase its regulatory authority. Ask
yourselves this question, should the Food and Drug Administration be
regulating the color of race cars at NASCAR events? This is no--
absolutely no.
What we need is a bill to address the problems of teen smoking, and
one that protects small North Carolina farmers. I was not elected to
the Senate to see small farmers slide into bankruptcy because of the
Clinton administration.
The Ford bill is a good start. I continue to work with Senator Helms,
Senator McConnell, and other Senators to develop a consensus document
that can actually pass this Congress.
Our goal here is to get something passed so that we don't set the
dangerous precedent of the FDA deciding that some product is suddenly
decreed a drug--and that it will now be regulated.
Thank you Mr. President, and thank you Senator Ford for your
leadership on this issue.
______

By Mr. LOTT:
S. 202. A bill to amend title II of the Social Security Act to
eliminate the earnings test for individuals who have attained
retirement age; to the Committee on Finance.

THE OLDER AMERICANS FREEDOM TO WORK ACT OF 1997

Mr. LOTT. Mr. President, I am reintroducing the Older Americans
Freedom To Work Act and request my colleagues' support. This
legislation

[[Page S681]]

would remove the limitation on the amount of outside income which
Social Security beneficiaries, who have reached retirement age, may
earn without incurring a reduction in benefits. It would abolish the
onerous earnings best and allow senior citizens to work without being
penalized.
As you know, the Social Security retirement earnings test reduces
benefits to persons between ages 65 and 69 who earn more than $13,500.
These reductions amount to $1 in reduced benefits for every $3 in
earnings above the limit.
This limitation is unfair and poses a serious threat to the labor
work force. Demographers tell us, that between the years 2000 and 2010,
the baby boom generation will be in their retirement years. With fewer
babies being born, this Nation is looking at a severe labor shortage.
We need the skills, wisdom, and experience of our older workers, and
this measure will encourage them to remain in the labor force.
Elimination of the retirement earnings test begins the process of
providing employment opportunities for older Americans without
punishing them for their efforts. In the 1930's when the earned income
limit was devised, encouraging senior citizens to leave the workplace
was seen as a positive act, designed to increase job opportunities for
younger workers. Today, with our shrinking labor force, such a policy
is senseless.
It is a pleasure to again sponsor legislation in the Senate to
abolish the onerous retirement earnings test. I urge my colleagues to
join me in supporting this vitally important legislation. I ask
unanimous consent that the text of the bill be printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:

S. 202

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Older Americans' Freedom to
Work Act of 1997''.

SEC. 2. ELIMINATION OF EARNINGS TEST FOR INDIVIDUALS WHO HAVE
ATTAINED RETIREMENT AGE.

Section 203 of the Social Security Act (42 U.S.C. 403) is
amended--
(1) in subsection (c)(1), by striking ``the age of
seventy'' and inserting ``retirement age (as defined in
section 216(l))'';
(2) in paragraphs (1)(A) and (2) of subsection (d), by
striking ``the age of seventy'' each place it appears and
inserting ``retirement age (as defined in section 216(l))'';
(3) in subsection (f)(1)(B), by striking ``was age seventy
or over'' and inserting ``was at or above retirement age (as
defined in section 216(l))'';
(4) in subsection (f)(3)--
(A) by striking ``33\1/3\ percent'' and all that follows
through ``any other individual,'' and inserting ``50 percent
of such individual's earnings for such year in excess of the
product of the exempt amount as determined under paragraph
(8),''; and
(B) by striking ``age 70'' and inserting ``retirement age
(as defined in section 216(l))'';
(5) in subsection (h)(1)(A), by striking ``age 70'' each
place it appears and inserting ``retirement age (as defined
in section 216(l))''; and
(6) in subsection (j)--
(A) in the heading, by striking ``Age Seventy'' and
inserting ``Retirement Age''; and
(B) by striking ``seventy years of age'' and inserting
``having attained retirement age (as defined in section
216(l))''.

SEC. 3. CONFORMING AMENDMENTS ELIMINATING THE SPECIAL EXEMPT
AMOUNT FOR INDIVIDUALS WHO HAVE ATTAINED
RETIREMENT AGE.

(a) Uniform Exempt Amount.--Section 203(f)(8)(A) of the
Social Security Act (42 U.S.C. 403(f)(8)(A)) is amended by
striking ``the new exempt amounts (separately stated for
individuals described in subparagraph (D) and for other
individuals) which are to be applicable'' and inserting ``a
new exempt amount which shall be applicable''.
(b) Conforming Amendments.--Section 203(f)(8)(B) of the
Social Security Act (42 U.S.C. 403(f)(8)(B)) is amended--
(1) in the matter preceding clause (i), by striking
``Except'' and all that follows through ``whichever'' and
inserting ``The exempt amount which is applicable for each
month of a particular taxable year shall be whichever'';
(2) in clauses (i) and (ii), by striking ``corresponding''
each place it appears; and
(3) in the last sentence, by striking ``an exempt amount''
and inserting ``the exempt amount''.
(c) Repeal of Basis for Computation of Special Exempt
Amount.--Section 203(f)(8)(D) of the Social Security Act (42
U.S.C. (f)(8)(D)) is repealed.

SEC. 4. ADDITIONAL CONFORMING AMENDMENTS.

(a) Elimination of Redundant References to Retirement
Age.--Section 203 of the Social Security Act (42 U.S.C. 403)
is amended--
(1) in subsection (c), in the last sentence, by striking
``nor shall any deduction'' and all that follows and
inserting ``nor shall any deduction be made under this
subsection from any widow's or widower's insurance benefit if
the widow, surviving divorced wife, widower, or surviving
divorced husband involved became entitled to such benefit
prior to attaining age 60.''; and
(2) in subsection (f)(1), by striking clause (D) and
inserting the following: ``(D) for which such individual is
entitled to widow's or widower's insurance benefits if such
individual became so entitled prior to attaining age 60,''.
(b) Conforming Amendment to Provisions for Determining
Amount of Increase on Account of Delayed Retirement.--Section
202(w)(2)(B)(ii) of the Social Security Act (42 U.S.C.
402(w)(2)(B)(ii)) is amended--
(1) by striking ``either''; and
(2) by striking ``or suffered deductions under section
203(b) or 203(c) in amounts equal to the amount of such
benefit''.
(c) Application to Blind Beneficiaries.--Section
223(d)(4)(A) of the Social Security Act (42 U.S.C.
423(d)(4)(A)) is amended by striking the second sentence.

SEC. 5. EFFECTIVE DATE.

The amendments made by this Act shall apply only with
respect to taxable years ending after December 31, 1996.
______

By Mrs. FEINSTEIN (for herself and Mrs. Boxer):
S. 203. A bill to amend the Federal Property and Administrative
Services Act of 1949 to authorize the transfer to State and local
government of certain surplus property for use for law enforcement or
public safety purposes; to the Committee on Environment and Public
Works.

federal property and administrative services act amendments

Mrs. FEINSTEIN. Mr. President, I rise, for Senator Boxer and myself,
to introduce legislation that amends the Federal Property and
Administrative Services Act of 1949 to allow the Federal Government to
transfer to State and local governments surplus Federal property for
use for law enforcement or public safety purposes. This bill expands
current authority which restricts this type of property transfer to
State and local governments for use only as correctional facilities.
Our law enforcement and public safety officials need the flexibility
that this legislation provides. While continuing to allow prisons to be
built, this legislation provides communities with the options they need
to establish or expand needed law enforcement training facilities, fire
fighting academies, and the like given an area's particular need.
The one thing communities need after a military base closure is the
flexibility to reuse bases to fulfill their greatest local needs. This
bill will continue to facilitate the successful reuse of base
realignment and closure sites, like March Air Force Base in California,
for civilian and public safety purposes. Fighting crime continues to be
a top priority for communities throughout the Nation. It makes sense to
allow communities to put former military bases to use in that fight.
I urge my colleagues to cosponsor this legislation. Our communities
affected by base closures deserve all options to facilitate successful
reuse.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:

S. 203

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. AUTHORITY TO TRANSFER SURPLUS PROPERTY FOR USE FOR
LAW ENFORCEMENT OR PUBLIC SAFETY PURPOSES.

(a) In General.--Section 203(p)(1) of the Federal Property
and Administrative Services Act of 1949 (40 U.S.C. 484(p)(1))
is amended by striking ``required'' and all that follows
through ``offenders as'' and inserting ``needed for use by
the transferee or grantee for a law enforcement or public
safety purpose''.
(b) Application of Law to Prior Transfers and
Conveyances.--Section 203(p) of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 484(p)) is
amended by adding at the end the following:
``(4) Any real or related personal property transferred or
conveyed under this subsection before the date of the
enactment of this paragraph may, with the approval of the
Attorney General, be used for a law enforcement or public
safety purpose.''.

[[Page S682]]

______

By Mr. LOTT (for himself, Mr. Daschle, Mr. Levin, and Ms. Moseley-
Braun):

S.J. Res. 11. A joint resolution commemorating Juneteenth
Independence Day, June 19, 1865, the day on which slavery finally came
to an end in the United States; to the Committee on the Judiciary.

THE JUNETEENTH INDEPENDENCE DAY COMMEMORATION JOINT RESOLUTION

Mr. LOTT. Mr. President, I am pleased to introduce today, on behalf
of myself and Senator Daschle, the distinguished minority leader, a
joint resolution concerning what has long been known as Juneteenth
Independence Day.
Joining us as original sponsors of this resolution are Senators Levin
and Moseley-Braun, who offered similar legislation in the 104th
Congress.
The observance of Juneteenth has long been a tradition among black
Americans. It commemorates the days in mid-June, 1865, when news of the
end of slavery finally reached frontier areas of the country,
especially in the American Southwest.
The African-Americans who then moved into freedom, and began new
lives as citizens of the Republic, kept alive the memory of that
occasion for their descendants.
Generation by generation, the experiences of the past have been
preserved and shared. They have given us lessons in faith, in courage,
and in perseverance.
Today, the National Association of Juneteenth Lineage fosters the
observance of Juneteenth Independence Day, not only among those
families whose ancestors were directly affected by it, but also among
the general public. The association will be meeting this year in Dallas
from January 23 to January 25.
The introduction of this joint resolution by the two Senate leaders
is a timely expression of the Senate's regard and appreciation for the
association's efforts.
I should mention that this joint resolution is especially appropriate
as we prepare to observe February as Black History Month, which, to
borrow the words of the resolution, ``provides an opportunity for all
Americans to learn more about our common past and to better understand
the experiences that have shaped our nation.''
With that in mind, I know Senator Daschle joins me in inviting our
colleagues, from all regions of the country, to cosponsor this
legislation.
Mr. President, I ask unanimous consent that the text of the joint
resolution be printed in the Record.
There being no objection, the joint resolution was ordered to be
printed in the Record, as follows:

S.J. Res. 11

Whereas news of the end of slavery came late to frontier
areas of the country, especially in the American Southwest,
Whereas the African-Americans who had been slaves in the
Southwest thereafter celebrated June 19 as the anniversary of
their emancipation,
Whereas their descendants handed down that tradition from
generation to generation as an inspiration and encouragement
for future generations,
Whereas Juneteenth celebrations have thus been held for 130
years to honor the memory of all those who endured slavery
and especially those who moved from slavery to freedom,
Whereas their example of faith and strength of character
remains a lesson for all Americans today, regardless of
background or region or race, now, therefore, be it
Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled,
That the annual observance of June 19 as Juneteenth
Independence Day is an important and enriching part of our
country's history and heritage, and
That the celebration of Juneteenth provides an opportunity
for all Americans to learn more about our common past and to
better understand the experiences that have shaped our
nation, and
That a copy of this Resolution be transmitted to the
National Association of Juneteenth Lineage as an expression
of appreciation for its role in promoting the observance of
Juneteenth Independence Day.

Mr. DASCHLE. Mr. President, today we recognize the date upon which
slavery finally came to an end in the United States, June 19, 1865,
also known as Juneteenth Independence Day. It was only on this day that
slaves in the Southwest finally learned of the end of slavery. Since
that time, for over 130 years, the descendants of slaves have
celebrated this day in honor of the many unfortunate people who lived
and suffered under slavery. Their suffering can never be repaired, but
their memory can serve to ensure that no such inhumanity is ever
perpetrated again on American soil. We commemorate Juneteenth
Independence Day to honor the struggles of these slaves and former
slaves, to acknowledge their suffering and so that we may never forget
even the worst aspects of our Nation's history.
But this day and this joint resolution in honor of the end of slavery
should also make us feel proud, proud that we as a nation have come so
far toward advancing the goals of freedom and justice for all of our
citizens. While we must continue ever forward in the search for
justice, we should be thankful that the tireless efforts of vigilant
Americans have enabled us to achieve a society built on democratic
principles and the recognition that all men and women are created
equal.

____________________