[Congressional Record Volume 143, Number 6 (Thursday, January 23, 1997)]
[Senate]
[Pages S678-S680]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      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;

     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. 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.
                                 ______