Congressional Record, Volume 143 Issue 105 (Wednesday, July 23, 1997)

[Congressional Record Volume 143, Number 105 (Wednesday, July 23, 1997)]
[Senate]
[Pages S7912-S7919]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND
RELATED AGENCIES APPROPRIATIONS ACT, 1998

The Senate resumed consideration of the bill.

Amendment No. 963, as Modified

Mr. COCHRAN. Mr. President, I send a modification to amendment
numbered 963 to the desk.
The PRESIDING OFFICER. Without objection, that amendment is modified.
The amendment (No. 963), as modified, is as follows:
At the appropriate place in the bill, insert the following:

SEC. ____. RURAL HOUSING PROGRAMS.

(a) Housing in Underserved Areas Program.--The first
sentence of section 509(f)(4)(A) of the Housing Act of 1949
(42 U.S.C. 1479(f)(4)(A)) is amended by striking ``fiscal
year 1997'' and inserting ``fiscal year 1998''.
(b) Housing and Related Facilities for Elderly Persons and
Families and Other Low-Income Persons and Families.--
(1) Authority to make loans.--Section 515(b)(4) of the
Housing Act of 1949 (42 U.S.C. 1485(b)(4)) is amended by
striking ``September 30, 1997'' and inserting ``September 30,
1998''.
(2) Set-aside for nonprofit entities.--The first sentence
of section 515(w)(1) of the Housing Act of 1949 (42 U.S.C.
1485(w)(1)) is amended by striking ``fiscal year 1997'' and
inserting ``fiscal year 1998''.
(3) Loan term.--Section 515 of the Housing Act of 1949 (42
U.S.C. 1485) is amended--
(A) in subsection (a)(2), by striking ``up to fifty'' and
inserting ``up to 30''; and
(B) in subsection (b)--
(i) by striking paragraph (2) and inserting the following:
``(2) such a loan may be made for a period of up to 30
years from the making of the loan, but the Secretary may
provide for periodic payments based on an amortization
schedule of 50 years with a final payment of the balance due
at the end of the term of the loan;'';
(ii) in paragraph (5), by striking ``and'' at the end;
(iii) in paragraph (6), by striking the period at the end
and inserting ``; and''; and
(iv) by adding at the end the following:
``(7) the Secretary may make a new loan to the current
borrower to finance the final payment of the original loan
for an additional period not to exceed twenty years, if--
``(A) the Secretary determines--
``(i) it is more cost-efficient and serves the tenant base
more effectively to maintain the current property than to
build a new property in the same location; or
``(ii) the property has been maintained to such an extent
that it warrants retention in the current portfolio because
it can be expected to continue providing decent, safe, and
affordable rental units for the balance of the loan; and
``(B) the Secretary determines--
``(i) current market studies show that a need for low-
income rural rental housing still exists for that area; and
``(ii) any other criteria established by the Secretary has
been met.''.
(c) Loan Guarantees for Multifamily Rental Housing in Rural
Areas.--Section 538 of the Housing Act of 1949 (42 U.S.C.
1490p-2) is amended--
(1) in subsection (q), by striking paragraph (2) and
inserting the following:
``(2) Annual limitation on amount of loan guarantee.--In
each fiscal year, the Secretary may enter into commitments to
guarantee loans under this section only to the extent that
the costs of the guarantees entered into in such fiscal year
do not exceed such amount as may be provided in appropriation
Acts for such fiscal year.'';
(2) by striking subsection (t) and inserting the following:
``(t) Authorization of Appropriations.--There are
authorized to be appropriated for fiscal year 1998 for costs
(as such term is defined in section 502 of the Congressional
Budget Act of 1974) of loan guarantees made under this
section such sums as may be necessary for such fiscal
year.''; and
(3) in subsection (u), by striking ``1996'' and inserting
``1998''.

Mr. COCHRAN. For the information of Senators, this amendment modifies
the amendment previously agreed to, that had been offered by me for
Senators D'Amato and Sarbanes regarding rural housing.
Mr. President, we hope to continue to consider amendments of Senators
so we can proceed to complete action on this bill today. We now have
two votes that have been set to occur beginning at 4 o'clock this
afternoon.
There are, to our knowledge, at least two more amendments that are
going to be offered that will probably require rollcall votes. What we
would like to do is to stack votes on those amendments immediately
following the votes that have now been ordered, and then have final
passage of the bill.
To do that, we need to have the cooperation of all Senators who are
interested in the passage of this bill and those who have amendments to
the bill. We hope they will come to the floor as soon as possible to
offer their amendments.
Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. HARKIN. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. HARKIN. Mr. President, first I want to commend the chairman,
Senator Cochran, and the ranking Democratic member, Senator Bumpers,
for their efforts in putting together this Agriculture appropriations
measure. They have put a lot of work into crafting a bill that stays
within the subcommittee's allocation while seeking to satisfy many
competing demands for funding. I have appreciated very much working
with them and with their staffs in the subcommittee on this bill.

Amendment No. 968

(Purpose: To provide funding for tobacco and nicotine enforcement
activities of the Food and Drug Administration, with an offset)

Mr. HARKIN. Overall, I believe it is an excellent bill and one I
wholeheartedly support. However, there is in this bill, I believe, a
glaring shortfall relating to the level of funding provided for the
Food and Drug Administration's enforcement and outreach efforts to
prevent smoking by America's children.
The budget request for FDA includes $34 million for this purpose, but
the reported bill provides only $4.9 million. The amendment that
Senator Chafee and I will be offering will provide FDA the full $34
million it needs to implement a nationwide effort in all 50 States to
help our kids avoid the deadly trap of tobacco. The needed funding is
truly a drop in the bucket compared to the $50 billion or more our
Nation spends each year on medical costs attributable to smoking.
Everyone, including even the tobacco companies, claims to be against
underage smoking. But those assertions are just empty words if we fail
to provide the necessary resources to carry out the FDA rules
specifically designed to prevent sales of tobacco to children.
With this amendment, the rubber really meets the road. It presents
this body with a clear choice whether we are really serious about
attacking underage smoking.
In discussing our amendment, I hope that Members of the Senate will
not lose sight of what is really at stake. Disease, suffering, and
death caused by smoking and nicotine addiction is clearly at horrendous
proportions in our Nation. With a death toll of more than 400,000 each
year, smoking kills more Americans than AIDS, alcohol, motor vehicles,
fires, homicides, illicit drugs and suicide all combined.
Here is a chart, Mr. President, that shows that in graphic detail:
The comparative causes of annual deaths in the United States. Here we
see 30,000 in AIDS deaths, 105,000 from alcohol, and those from
homicides, illicit drugs, suicides. Here is smoking, 418,000 per year.
There are more deaths caused by smoking than all of the rest put
together.
This is truly an epidemic, an epidemic that begins with underage
smoking. Mr. President, 4.5 million kids aged 12 to 17 are smokers
today. Almost 90 percent of adult smokers began at or before the age of
18. The average youth smoker begins at age 13 and becomes a daily
smoker by the age of 14\1/2\. Thousands of our kids are drawn into
smoking every day. It is no longer even an arguable point that they
have been targeted for recruitment into a deadly habit. Today, just
like every day, 3,000 young Americans will begin

[[Page S7913]]

smoking and 1,000 of them will die from it. At current rates, 5 million
American kids under 18 who are alive today will be killed by smoking-
related disease.
The upward trend in teenage smoking is even more frightening. Smoking
among high school seniors is at a 17-year high. Mr. President, again,
here is a graph that shows it in detail. The smoking rates among high
school seniors are at a 17-year high. These are the trends of cigarette
smoking among high school seniors, 12th grade, 1980 to 1996. Look what
has been happening since about 1991, 1992. This graph is going off the
charts--a 17-year high.
The statistics on smoking among young women and girls are just as
shocking. Smoking among eighth grade girls--yes, I said that correctly,
eighth grade girls--jumped over 60 percent from 1991 to 1996, with
rates of smoking now higher for 8th- and 10th-grade girls than for
boys. And smoking among black children of this age nearly doubled
during this time period.
Our children are our future, as we all know. But thanks to smoking,
millions of American kids will not be leading long and fulfilling
lives. Instead, they will be filling hospital beds and coffins long
before their time.
The epidemic of teenage smoking is a crisis that is beyond
partisanship. Responding to it should lift us up above everyday
politics. That is why I am so proud to have the distinguished Senator
from Rhode Island, Senator Chafee, as a cosponsor of this bipartisan
amendment.
Unquestionably, Mr. President, a key factor in youth smoking is that
it is far too easy for kids to buy tobacco. Not only is it far too
easy, but we now know that the tobacco companies, through the use of
slick advertising, through the use of Joe Camel, through the use of the
Marlboro Man and Virginia Slims and all of the fancy advertising that
they have done, have targeted kids with Marlboro gear, the Camel
coupons you can redeem for Camel gear and for beach wear and radios and
cassette players, jackets and all the things that teenagers like to
accumulate. We know that the tobacco companies have targeted teenagers
for smoking with their advertising.
When you combine that targeting of the advertising with the easy
access for kids to buy tobacco, that is why you have teenage smoking at
a 17-year high. I believe that this recent rise is due to the
tremendous amount of advertising targeted to our youth and the ease
with which youth can buy tobacco.
A review of numerous studies has shown that children and adolescents
were able to buy tobacco products successfully 67 percent of the times
that they tried. Over 60 percent of kids who smoke say they buy their
own. One study showed that over 75 percent of underage high school
students who had bought cigarettes in a store or a gas station in the
past 30 days said they were not asked to show proof of age.
It has been demonstrated that enforcement of youth access laws can
successfully reduce tobacco sales to minors and reduce youth smoking
rates. That just makes good common sense and that is exactly the basis
on which the FDA acted.
Let me describe the FDA initiative that our amendment funds. In
August of 1996, FDA issued rules specifically designed to reduce the
number of kids who start smoking. The most important of the rules set a
national legal age of 18 for the purchase of tobacco products and
require retailers to check photo ID's of consumers seeking to purchase
tobacco who appear to be younger than 27 years of age. Those rules went
into effect in February of this year.
Now, some might say, is this necessary that we have this photo ID
rule with a cutoff of 27 years of age? Well, I ask you, Mr. President,
and other Senators to look at this picture. Which one is age 16? Is it
Melissa here on the left or is it Amy here on your right, both coming
up to the counter to buy cigarettes? Can you tell which one is 16? If
they walked into a store, would the clerk know which one was under age
18? Well, to eliminate the guesswork, FDA requires retailers to card
anyone, to have proof of ID for anyone who appears under 27. In case
you are wondering, Melissa here is 16 and Amy here is 25. That is the
problem we have. And that is why FDA acted.
The public overwhelmingly supports putting a stop to illegal sales of
tobacco to minors. A new poll shows that 92 percent of Americans agree
that young people should be required to show a photo ID to buy tobacco
products. Eighty-seven percent agree with the FDA rule setting a
national minimum age of 18 for buying tobacco mandating ID checks of
all tobacco purchasers appearing to be under the age of 27.
FDA needs $34 million for enforcement and outreach that will help all
50 States carry out the minimum age and photo ID rules. There is no
question that the States need help in the area of enforcement. Despite
the fact that it is against the law in all 50 States to sell cigarettes
and smokeless tobacco to minors, our young people purchase an estimated
$1.26 billion--billion--worth of tobacco each year. The FDA initiative
directly addresses these enforcement problems. It will keep tobacco out
of the hands of children.
Of the $34 million, $24 million will go to enforcement and
evaluation, with the vast majority of that going out to the States
through contracts. And $10 million of the $34 million will go to
outreach efforts for educating retailers and the public about complying
with the rules.

The point of the initiative is to prevent our kids from buying
tobacco illegally and to help our small businesses and our retailers to
come into compliance with the law. The FDA initiative is not a new, big
Federal regulatory program. The bulk of the money will go directly to
support State and local efforts. Without this funding, the States will
not have the resources they need for their efforts against illegal
tobacco sales to kids. By the end of fiscal year 1997, FDA expects to
have contracted with the first 10 States. The increased funding will
allow a comprehensive national enforcement effort with contracts in all
50 States.
Now, Mr. President, it is true that the tobacco industry has
challenged FDA's tobacco regulation in court. Well, they went to court.
They had their day in court. However, the authority of FDA to carry out
the minimum age and photo ID rules was fully upheld in April by the
Federal district court in Greensboro, NC. The $34 million request in
FDA's budget, which our amendment would provide, would be used for
activities that the Greensboro Federal court gave the green light to.
That decision did not reduce the need for fully funding the FDA
initiative.
Mr. President, I have a letter from Secretary of Health and Human
Services Shalala supporting this point. I ask unanimous consent to have
it printed in the Record.
There being no objection, the letter was ordered to be printed in the
Record, as follows:

The Secretary of Health

and Human Services,

Washington, DC, July 14, 1997.
Hon. Thad Cochran,
Chairman, Subcommittee on Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies
Appropriations Committee, U.S. Senate, Washington, DC.
Dear Mr. Chairman: As you approach your subcommittee's
consideration of the Fiscal Year 1998 budget request for the
Food and Drug Administration, questions have been raised
about FDA's ability to spend the funds for the youth smoking
initiative requested by the President.
Earlier this year, the Federal District Court in
Greensboro, North Carolina, upheld the FDA's assertion of
jurisdiction as well as all of the access and labeling
provisions of FDA's 1996 regulations. The Court kept in place
the age and photo ID provisions that have been in effect
since February 1997 and stayed the effective date of the
remaining provisions. Finally, it overturned the advertising
restrictions. FDA has appealed this portion of the ruling.
The President requested $34 million in funding to enforce
the tobacco rule, which will be used to implement the
provisions upheld by the Court. Indeed, this funding is vital
to oversee the age and photo ID requirements already in
effect. There are approximately 500,000 retailers who sell
tobacco products in the United States. Each year, more than
$1 billion in illegal sales to children and adolescents
occur. Stopping the sale to minors is of paramount importance
to protect our nation's youth.
The bulk of the $34 million will be spent on contracts with
the states that want to join FDA in ensuring retailer
compliance with the provisions already in place. (By the end
of this fiscal year, the agency expects to have contracted
with the first ten states who have joined with us to address
this problem.) Without these funds, FDA will not have the
credible national enforcement program required to reduce
significantly young people's access to tobacco.

[[Page S7914]]

The remaining funds are necessary to educate retailers and
the public about the new rules. An effective compliance
outreach program will increase the likelihood that retailers
will understand and comply with the age and photo ID
provisions of the tobacco regulations. Retailers who do not
know about the rules cannot possibly comply with them.
By providing the full funding requested by the agency, FDA
will be able to put in place a comprehensive enforcement and
outreach program. Every day, another 3,000 young people
become regular smokers; of these 1,000 will die prematurely
because of their smoking. If funds are provided by the
Congress, the new FDA tobacco regulation will significantly
help prevent another generation of young people from
endangering their lives because of this deadly addiction. I
appeal to you to help us assure that funding.
An identical letter is being sent to Senator Bumpers.
Sincerely,
Donna E. Shalala.

Mr. HARKIN. Mr. President, as the letter from Secretary Shalala makes
clear, the full $34 million is needed to carry out the minimum age and
photo ID rules. She states:

Without these funds, FDA will not have the credible
national enforcement program required to reduce significantly
young people's access to tobacco.

Again, the pending litigation has not reduced FDA's need for or its
ability to utilize the $34 million. So our amendment provides the full
funding for FDA to work with the States to carry out the minimum age
and photo ID rules.
Now, where do we get the money? We offset the full cost of the FDA
youth smoking initiative by increasing the tobacco marketing assessment
from the current 1 percent of the national price support level to 2.1
percent for the 1998 crop of flue-cured tobacco and for the 1997 crop
of burley and other tobacco. The increase will apply to assessments
expected to be collected in fiscal year 1998. That is because flue-
cured tobacco is marketed in the summer, while burley and others are
marketed almost entirely after October 1.
The full cost of the increase would be borne by purchasers of
tobacco, that is, the tobacco companies. In addition, for the tobacco
covered by the amendment, half of the current 1 percent assessment now
paid by producers would be shifted to purchasers, thus providing
assessment relief to tobacco farmers.
We have heard concerns expressed clearly and forcefully on the floor
of the Senate about the consequences for our tobacco farmers of changes
in tobacco policies. I am very sympathetic to the situation of any
farmer, including tobacco farmers. They are just trying to make a
living. I know how hard farmers work and what a struggle it is for them
to make a living. So I am concerned, also, about the impacts on
tobacco-farming families.
For that reason, this amendment is crafted to relieve tobacco farmers
of their obligation to pay a part of the marketing assessment on the
tobacco covered by the amendment. Currently, the producer of domestic
tobacco--that is the farmer --pays half of the assessment. That is one-
half of 1 percent of the support price, with the purchaser paying the
other one-half of 1 percent. What our amendment says is that the
tobacco companies will pay the whole assessment, including the
increase. So this amendment provides relief for our tobacco farmers
because it will relieve them of the burden they have now of paying that
one-half of 1 percent of the assessment. I might add, parenthetically,
Mr. President, I believe if tobacco companies have to pay the full 2.1
percent, then they are going to pass costs along to the consumers--that
is, those who smoke tobacco. On the one hand, we relieve the tobacco
farmers of this burden and we have made those who use tobacco pay more.
As a nation, we are in solid agreement that use of tobacco by minors
must be reduced--or at least we say we are. When that happens, it also
means that we eventually will have fewer adults smoking. So it is our
national policy that there will be less of a market in this country for
tobacco. Tobacco farmers need to recognize that change is coming. But I
also know that when markets for agricultural commodities change, it is
often the farmers who bear the brunt of that change. It is no different
for tobacco than for corn or soybeans or hogs or wheat or cotton or any
other commodity. I hope that we will find more ways to help tobacco
farmers deal with this change. In the meantime, I am suggesting that at
least we should require that tobacco companies pay the marketing
assessment. It will ease the burden on tobacco farmers, who clearly are
facing uncertainty.
Mr. President, we simply cannot continue to postpone addressing the
monumental costs to society of tobacco use on the grounds that doing so
may have some negative impact on farmers. There are too many lives at
stake--lives of people who are children today.
Again, let me make it clear that this amendment does not give FDA any
additional jurisdiction over tobacco farmers. It does not create any
new authority for FDA to regulate tobacco farmers or become involved in
the marketing by farmers of tobacco. The offset in the amendment
involving an increase in the assessment involves only the Department of
Agriculture, not the FDA.

Now, Mr. President, there is some misinformation floating around to
the effect that we do not need this FDA funding because of the proposed
tobacco settlement that is now under review by the Congress and the
administration. Well, Mr. President, this FDA initiative against youth
smoking was begun long before the tobacco settlement talks even
started. The minimum age and photo ID check rules are in place and are
working. But there is a pressing need for more funding to allow all 50
States to carry out enforcement efforts aimed at preventing youth
smoking. There plainly is no good reason for delaying full
implementation of the FDA initiative. We should not await the uncertain
fate of the tobacco settlement before putting the necessary resources
into FDA's enforcement and outreach efforts to stop underage smoking.
As a nation, we cannot afford to continue losing our kids to tobacco at
the horrendous rates that we are now experiencing. So the proposed
tobacco settlement and this FDA initiative are totally separate
matters--there should be no confusion on this point--and there is no
inconsistency between them either.
Mr. President, I have here a letter from 33 attorneys general
involved in the settlement activities, who write in support of full
funding for the FDA initiative, what our amendment here provides. The
33 attorneys general who are involved in the settlement say they
support full funding of this initiative. They would not have signed the
letter if there were any reason to delay funding the FDA efforts
pending possible legislation to carry out the settlement.
I ask unanimous consent to have that letter printed in the Record.
There being no objection, the letter was ordered to be printed in the
Record, as follows:

Attorney General of Washington,

Olympia, WA, June 20, 1997.
Hon. Ted Stevens,
Chair, Senate Appropriations Committee, Hart Senate Office
Building, Washington, DC.

Hon. Robert Byrd,
Ranking Member, Senate Appropriations Committee, Hart Senate
Office Building, Washington, DC.

Hon. Thad Cochran,
Chair, Senate Appropriations Subcommittee on Agriculture,
Rural Development and Related Agencies, Russell Senate
Office Building, Washington, DC.

Hon. Dale Bumpers,
Ranking Member, Senate Appropriations Subcommittee on
Agriculture, Rural Development and Related Agencies,
Dirksen Senate Office Building, Washington, DC.
Dear Senator Stevens: We are writing as the attorneys
general for our respective states in support of the Food and
Drug Administration's (FDA) request for $34 million to
implement the tobacco initiative in the Agriculture
Appropriations bill. This funding is critical to our efforts
to protect kids from tobacco sales.
There is no reason not to fully fund the FDA tobacco
regulations. A Federal District Court recently upheld FDA's
general jurisdiction over the sale of tobacco products to
minors, and the American public overwhelmingly supports this
initiative. The tobacco industry failed in its legal effort
to derail FDA's important protections for kids. Now, local,
state and federal officials must move forward and work
together to implement FDA's regulations.
In 1994, attorneys general from around the country issued a
report illustrating the need for comprehensive new policies
to protect kids from tobacco. In the past three years, 40
attorneys general have filed suit against the tobacco
industry to recover damages caused by their behavior. To stop
the marketing of tobacco products to kids is a primary goal
of these lawsuits against the tobacco industry.
We are prepared to work hand-in-hand with FDA to ensure
that the provisions of its tobacco initiative are fully
enforced. Towards this end, FDA has allocated a significant
portion of the $34 million to go directly to

[[Page S7915]]

the states to help with enforcement. This money is critical
to ensuring our country's success in reducing tobacco use by
youth.
We need to act without delay: cigarette smoking among high
school seniors is at a 17 year high and smoking among 8th and
10th graders has increased by more than 50 percent since
1991. Tobacco use is clearly a problem that starts with
children: almost 90 percent of adult smokers started using
tobacco at or before age 18, and the average youth smoker
begins at age 13 and becomes a daily smoker by age 14\1/2\.
While some provisions of FDA's initiative are on hold
pending appeal, the court fully upheld FDA's funding that
cigarettes and smokeless tobacco products are both drugs and
drug delivery devices. In addition, the court provided FDA
with full authority to continue implementing provisions
requiring retailers to check photo identification of
consumers seeking to purchase tobacco who appear to be
younger than 27 years of age. Strong enforcement of this
provision is key to reducing youth access to tobacco
products. The $34 million requested by FDA will provide much
needed funding for enforcement by state and local officials.
Currently, it is far too easy for kids to buy cigarettes
and chewing tobacco through vending machines and at retail
outlets. A review of thirteen studies of over-the-counter
sales found that, on average, children and adolescents were
able to successfully buy tobacco products 67 percent of the
time. We can substantially improve on this record by
providing funding for the FDA regulations.
The tobacco industry's record of targeting our kids is
clear. Now is the time to stand up for America's kids and
protect them from cigarettes and chewing tobacco. FDA's
jurisdiction over sales to minors has been upheld in court
and enjoys strong support among the people of our states. We
hope you will vote for full-funding of this critical
initiative.
Sincerely,
Christine O. Gregoire,
Attorney General.
Bruce M. Botelho, Attorney General of Alaska; Grant
Woods, Attorney General of Arizona; Gale A. Norton,
Attorney General of Colorado; Richard Blumenthal,
Attorney General of Connecticut; A. Jane Brady,
Attorney General of Delaware; Robert A. Butterworth,
Attorney General of Florida; Alan G. Lance, Attorney
General of Idaho; Jim Ryan, Attorney General of
Illinois; Tom Miller, Attorney General of Iowa; Carla
J. Stovall, Attorney General of Kansas; Richard P.
Ieyoub, Attorney General of Louisiana; Andrew Ketterer,
Attorney General of Maine; A. Joseph Curran, Jr.,
Attorney General of Maryland; Scott Harshbarger,
Attorney General of Massachusetts; Hubert H. Humphrey
III, Attorney General of Minnesota.
Mike Moore, Attorney General of Mississippi; Jeremiah W.
Nixon, Attorney General of Missouri; Joseph P. Mazurek,
Attorney General of Montana; Frankie Sue Del Papa,
Attorney General of Nevada; Philip McLaughlin, Attorney
General of New Hampshire; Peter Verniero, Attorney
General of New Jersey; Dennis C. Vacco, Attorney
General of New York; Heidi Heitkamp, Attorney General
of North Dakota; Betty D. Montgomery, Attorney General
of Ohio; A. A. Drew Edmondson, Attorney General of
Oklahoma; Hardy Myers, Attorney General of Oregon; D.
Michael Fisher, Attorney General of Pennsylvania;
Jeffrey B. Pine, Attorney General of Rhode Island; Jan
Graham, Attorney General of Utah; William H. Sorrell,
Attorney General of Vermont; Darrell V. McGraw, Jr.,
Attorney General of West Virginia; James E. Doyle,
Attorney General of Wisconsin.

Mr. HARKIN. Mr. President, our amendment would in no way prejudice or
in any way affect the outcome of any legislation designed to implement
the settlement. Mr. President, I also have two additional letters here.
One is from Secretary Shalala and one is from Michael Moore, the
Mississippi attorney general who has led the attorneys general in the
tobacco settlement negotiations. As you know, Mississippi already
reached a settlement with the tobacco companies. Michael Moore led
these efforts. I just want to read an excerpt from his letter dated
July 21, 1997:

Dear Senator Harkin:
I am writing to express my strong support for your
amendment to the Agriculture Appropriations bill to provide
full funding for the Food and Drug Administration's
initiative to protect kids from tobacco. This is a critical
program that must be supported without delay.

Attorney General Moore of Mississippi goes on to say:

There has been some confusion regarding your amendment and
whether it would interfere or conflict with the proposed
settlement with the tobacco industry. Some Members of
Congress have also stated that they believe funding FDA's
tobacco program is unnecessary because money will be
forthcoming from a settlement. No one is more anxious than I
to have Congress promptly address the settlement; but let me
be very clear:

Again, I am reading from Attorney General Moore's letter.

passage of your amendment is critical because we can't be
certain that the tobacco settlement will be passed or
implemented in time to provide the needed funds for the
upcoming fiscal year. Congress should not jeopardize the
current FDA tobacco initiative unless we are assured of the
immediate passage of legislation regarding the settlement.
Immediate full funding for the FDA rule is appropriate
because the agency's initiative is already in place and has
been implemented.

Secretary Shalala, in her letter dated July 22, says:

Let me emphasize that the funding requested by the
administration is separate from any funds that might be
available sometime in the future as a result of any
settlement. Further, I do not believe it would prejudice or
predetermine in any way future congressional action regarding
the settlement.

I ask unanimous consent that the letter from Secretary Shalala and
the one from Attorney General Mike Moore of Mississippi be printed at
this point in the Record.
There being no objection, the letters were ordered to be printed in
the Record, as follows:

The Secretary of Health

and Human Services,

Washington, DC, July 22, 1997.
Hon. Tom Harkin,
U.S. Senate, Washington, DC.
Dear Tom: Thank you for your leadership in the effort to
fully fund the Food and Drug Administration's fiscal year
1998 budget request for the youth smoking initiative. I
understand that questions have been raised regarding the
relationship of this amendment to the funds discussed in the
proposed tobacco settlement.
Let me emphasize that the funding requested by the
Administration is separate from any funds that might be
available sometime in the future as a result of any
settlement. Further, I do not believe it would prejudice or
predetermine in any way future congressional action regarding
the settlement.
As you know, the Department intends to use the funding
requested by the President for FY 1998 to enforce the age and
photo ID provisions of the tobacco regulation that are
already in effect. This regulation has been upheld by the
Federal District Court in Greensboro, North Carolina and has
the force of law.
By contrast, the proposed tobacco settlement is still under
review by the Administration. No legislation has been
considered by Congress and the appropriate committees have
just begun to hold hearings. For these reasons, the time
frame and likelihood for final action by the White House and
Congress on the proposed settlement are entirely unclear.
Even under the most optimistic scenario, it is unlikely that
any funds under such a settlement would be available in FY98.
I hope that this addresses the questions that have been
raised. Please let me know if any additional information is
necessary.
Sincerely,
Donna E. Shalala.
____

State of Mississippi,

Office of the Attorney General,

Jackson, MS, July 21, 1997.
Hon. Tom Harkin,
U.S. Senate, Washington, DC.
Dear Senator Harkin. I am writing to express my strong
support for your amendment to the Agriculture Appropriations
bill to provide full funding for the Food and Drug
Administration's initiative to protect kids from tobacco.
This is a critical program that must be supported without
delay.
There has been some confusion regarding your amendment and
whether it would interfere or conflict with the proposed
settlement with the tobacco industry. Some Members of
Congress have also stated that they believe funding FDA's
tobacco program is unnecessary because money will be
forthcoming from a settlement. No one is more anxious than I
to have Congress promptly address the settlement; but let me
be very clear; passage of your amendment is critical because
we can't be certain that the tobacco settlement will be
passed or implemented in time to provide the needed funds for
the upcoming fiscal year. Congress should not jeopardize the
current FDA tobacco initiative unless we are assured of the
immediate passage of legislation regarding the settlement.
Immediate full funding for the FDA rule is appropriate
because the agency's initiative is already in place and has
been implemented. A Federal Court in Greensboro, North
Carolina, fully upheld FDA's authority over tobacco products.
I sincerely hope the settlement with the tobacco companies
will be enacted into law, but in the meantime, let's
immediately stop the illegal sale of tobacco to minors.
Regardless of what happens with the settlement, the FDA
rule is in place and should remain a national priority. I
commend you for your efforts to provide full funding for this
historic program and wish you success.
Sincerely,
Mike Moore,
Attorney General.

[[Page S7916]]

Mr. HARKIN. Again, Mr. President, both letters make it clear that the
tobacco settlement does not obviate the need for the FDA funding that
we provide in our amendment and that providing the funding would not
interfere with the settlement.
In closing, Mr. President, I want to thank Senator Byrd for his
excellent addition to our amendment. Senator Byrd has been the leader
in the Senate in focusing, also, on the horrendous problem of youth
drinking and the need to clamp down on young people buying alcohol.
Senator Byrd's addition requires that States be encouraged to
coordinate their enforcement of the tobacco ID check with enforcement
of laws that prohibit underage drinking.
Mr. President, this is a significant improvement to our original
proposal. I commend my distinguished senior colleague from West
Virginia for providing this language. As I said to Senator Byrd, if we
tighten down on these ID checks, if we provide the funding so that when
Melissa--Melissa is 16 and she looks older than Amy who is age 25--goes
in to buy tobacco we will also attack underage drinking. A lot of times
they may be buying beer or wine along with tobacco. As long as an ID
check is made, it will stop underage drinking as well as smoking. So I
agree with Senator Byrd that the States should coordinate their
enforcement of tobacco ID checks with enforcement of laws that prohibit
underage drinking.
Mr. President, again, I have an amendment here that incorporates that
language from Senator Byrd. I thank my colleague, Senator Chafee, for
his cosponsorship.
Mr. President, I send an amendment to the desk and ask for its
immediate consideration.
The PRESIDING OFFICER. The clerk will report.
The bill clerk read as follows:

The Senator from Iowa [Mr. Harkin], for himself, Mr.
Chafee, Mr. Lautenberg, Mr. Byrd, and Mr. Reed, proposes an
amendment numbered 968.

Mr. HARKIN. Mr. President, I ask unanimous consent that reading of
the amendment be dispensed with.
Mr. HELMS. I object.
The PRESIDING OFFICER. Objection is heard.
The clerk will continue reading the amendment.
The bill clerk read as follows:
At the end of title VII, insert the following:

SEC. . TOBACCO ASSESSMENTS.

Section 106 of the Agricultural Act of 1949 (7 U.S.C. 1445)
is amended--
(1) in subsection (g)(1), by striking ``Effective'' and inserting
``Except as provided in subsection (h), effective''; and
(2) by adding at the end the following:
``(h) Marketing Assessment for Certain 1997 and 1998
Crops.--
``(1) In general.--Effective only for the 1997 crop of
tobacco (other than Flue-cured tobacco) and the 1998 crop of
Flue-cured tobacco for which price support is made available
under this Act, each purchaser of such tobacco, and each
importer of the same kind of tobacco, shall remit to the
Commodity Credit Corporation a nonrefundable marketing
assessment in an amount equal to--
``(A) in the case of a purchaser of domestic tobacco, 2.1
percent of the national price support level for each such
crop; and
``(B) in the case of an importer of tobacco, 2.1 percent of
the national support price for the same kind of tobacco;

as provided for in this section.
``(2) Collection and enforcement.--The purchaser and
importer assessments under paragraph (1) shall be--
``(A) collected in the same manner as provided for in
section 106A(d)(2) or 106B(d)(3), as applicable; and
``(B) enforced in the same manner as provided in section
106A(h) or 106B(j), as applicable.
``(3) Enforcement.--The Secretary may enforce this
subsection in the courts of the United States.

Notwithstanding any other provision of this Act, $964,261,000
is provided for salaries and expenses of the Food and Drug
Administration. In carrying out their responsibilities under
the Food and Drug Administration's youth tobacco use
prevention initiative, States are encouraged to coordinate
their enforcement efforts with enforcement of laws that
prohibit underage drinking''.

Mr. KENNEDY. Mr. President, I strongly support the Harkin amendment
to the Agriculture appropriations bill. The illegal sale of tobacco
products to teenagers is a serious national problem. Each year, it is
estimated that a half a billion cigarettes are sold to Americans under
the age of 18.
The Harkin amendment is an important test of the genuineness of the
Senate's commitment to reducing teenage smoking by fully funding the
enforcement of the FDA tobacco regulations. These FDA rules prohibit
the sale of tobacco to minors, and require retailers to check the photo
identification of consumers who purchase tobacco products if they
appear to be 27 years old or younger. Of the $34 million, $24 million
will go to the States for enforcement.
The Harkin amendment also represents an important test of the
Senate's resolve to support FDA regulation of tobacco. Three months
ago, a federal court in Greensboro, NC upheld FDA's authority to issue
the youth access regulations. But rather than strengthening the FDA's
hand by providing the agency with the necessary funds to enforce the
rules, the current bill shamefully weakens the FDA's authority
appropriating only $5 million for enforcement, or just one-seventh of
the President's request for $34 million.
Some argue that the Senate should wait until the so-called global
tobacco settlement is enacted into law before funding the regulations,
despite the fact that serious concerns have been raised that the
settlement doesn't adequately protect the public health. Even if some
version of the settlement is approved, it will not be in time for the
current budget cycle. In addition, 33 of the State attorneys general
who negotiated the settlement support the $34 million funding level.
Each day we delay in funding the FDA regulations, 3,000 new smokers
between the ages of 12 and 17 will take up smoking--or 1 million a
year.
According to a spring 1996 survey conducted by the University of
Michigan Institute for Social Research, the prevalence of youth tobacco
use in America has been on the increase over the last 5 years. It rose
by nearly 50 percent among 8th and 10th graders, and by nearly 20
percent among high school seniors between 1991 and 1996.
When children are hooked on cigarette smoking at a young age, it is
especially hard for them to quit. Ninety percent of current adult
smokers began to smoke before they reached the age of 18. Ninety-five
percent of teenage smokers say they intend to quit in the near future--
but only a quarter of them will actually do so within the first 8 years
of beginning to smoke.
Tobacco companies have known this fact for years--and used it
cynically to their advantage. Many experts believe that if the industry
cannot persuade children to take up smoking, the industry will collapse
within a generation.
That's why ``Big Tobacco'' targets children with billions of dollars
in advertising and promotional giveaways, promising popularity,
excitement, and success for those who take up smoking.
Because of these marketing practices, the Centers for Disease Control
and Prevention estimate that 5 million of today's children will die
prematurely from smoking-caused illnesses.
In addition, the Center on Addiction and Substance Abuse at Columbia
University has found that smoking is a gateway to the use of illegal
drugs. Children between the ages of 12 and 17 who smoke are 12 times
more likely to use heroin and 19 times more likely to use cocaine than
nonsmokers. The younger a person begins to use tobacco, the higher the
likelihood of regular drug use as adults.
By providing the full $34 million that President Clinton requested to
implement photo I.D. checks for the purchase of tobacco products by
anyone under the age of 27, the Senate can make an important difference
in reducing tobacco use among the Nation's youth.
The additional Federal funds in the Harkin amendment to enforce the
FDA tobacco regulations are clearly needed, and I urge the Senate to
approve the amendment.
Several Senators addressed the Chair.
The PRESIDING OFFICER. The Senator from North Carolina.

Amendment No. 969 to Amendment No. 968

(Purpose: To impose an assessment on ethanol manufacturers)

Mr. HELMS. Mr. President, I send an amendment to the desk.
The PRESIDING OFFICER (Mr. Hagel). The clerk will report.
The assistant legislative clerk read as follows:

The Senator from North Carolina [Mr. Helms], for himself,
and Mr. Faircloth, proposes an amendment numbered 969 to
amendment numbered 968.

[[Page S7917]]

Strike all after the first word and insert the following:

ASSESSMENT FOR ETHANOL PRODUCERS.

(a) In General.--For fiscal year 1998, the rate of tax
otherwise imposed on a gallon of ethanol under the Internal
Revenue Code of 1986 shall be increased by 3 cents and such
rate increase shall not be considered in any determination
under section 9503(f)(3) of the Internal Revenue Code of
1986.
(b) Establishment of Trust Fund.--
(1) In general.--Subchapter A of chapter 98 of the Internal
Revenue Code of 1986 (relating to trust fund code) is amended
by adding at the end the following new section:

``SEC. 9512. TRUST FUND FOR ANTI-SMOKING ACTIVITIES.

``(a) Creation of Trust Fund.--There is established in the
Treasury of the United States a trust fund to be known as the
`Trust Fund for Anti-Smoking Activities' (hereafter referred
to in this section as the `Trust Fund'), consisting of such
amounts as may be appropriated or transferred to the Trust
Fund as provided in this section or section 9602(b).
``(b) Transfers to Trust Fund.--The Secretary shall
transfer to the Trust Fund an amount equivalent to the net
increase in revenues received in the Treasury attributable to
section (a) of the Agriculture, Rural Development, Food and
Drug Administration, and Related Agencies Appropriations Act,
1998, as estimated by the Secretary.
``(c) Distribution of Amounts in Trust Fund.--Amounts in
the Trust Fund shall be available, as provided by
appropriation Acts, to the Secretary of Health and Human
Services for anti-smoking programs through the Substance
Abuse and Mental Health Administration.''.
(2) Conforming amendment.--The table of sections for such
subchapter A is amended by adding at the end the following
new item:

``SEC. 9512. TRUST FUND FOR ANTI-SMOKING ACTIVITIES.''.

Several Senators addressed the Chair.
The PRESIDING OFFICER. The Senator from North Carolina.
Mr. HARKIN. Mr. President, I suggest the absence of a quorum.
Mr. HELMS. Mr. President, I ask for the yeas and nays on the
underlying amendment.
The PRESIDING OFFICER. It would take unanimous consent to have the
vote on underlying amendment.
Is there objection?
Mr. HARKIN. I object.
The PRESIDING OFFICER. Objection is heard.
Mr. HELMS. I suggest the absence of a quorum, Mr. President.
The PRESIDING OFFICER. The clerk will call the roll.
Mr. BYRD. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER (Mr. HAGEL). Without objection, it is so
ordered.
Mr. BYRD. Mr. President, I am pleased to cosponsor the Harkin
amendment to fund the Food and Drug Administration's youth smoking
prevention initiative at $34 million for fiscal year 1998. This is a
worthwhile amendment which has my support. I applaud the efforts of Mr.
Harkin to provide funding for this important initiative. Tobacco use
among minors is illegal, and we should make every effort to prevent it.
I am particularly pleased that the amendment by Mr. Harkin has been
strengthened at my urging to encourage States to couple their youth
smoking prevention efforts with State laws that prohibit underage
drinking. These issues go hand in hand in preventing our youth from
using destructive substances.
Alcohol is the drug of choice among teens as well as a lot of adults,
I am sorry to say, and the consequences are devastating. According to
statistics compiled by the National Center on Addiction and Substance
Abuse, among children between the ages of 16 and 17, 69.3 percent have
at one point in their lifetime experimented with alcohol. In the last
month, approximately 8 percent of the Nation's eighth graders have been
drunk.
Think of that, eighth graders. Approximately 8 percent of the
Nation's eighth graders have been drunk. What's the matter with the
parents? I wonder what the parents are doing letting their children in
the eighth grade drink. I wouldn't consider myself much of a parent if
I let my children drink. If they do that, I blame myself. But the fact
is that 8 percent of the Nation's eighth graders have been drunk. It is
pretty hard to believe. That would not have happened in my day going to
school.
In 1995, there were 2,206 alcohol-related fatalities of children
between the ages of 15 and 20. According to the National Center on
Addiction and Substance Abuse at Columbia University, 37.5 percent of
the young people who have consumed alcohol have also used some illicit
drug, while only 5 percent of young people who have never consumed
alcohol have used some illicit drug; 26.7 percent of those who have
consumed alcohol have tried marijuana, while of those who have never
consumed alcohol only 1.2 percent have tried marijuana. And 5 percent
of youths who have partaken of alcohol have tried cocaine, while of
those who do not drink alcohol only one-tenth of 1 percent have tried
cocaine.
So it is not just that alcohol is a real starter not only for more
alcohol but for illicit drugs, for marijuana, for cocaine.
Every State has a law prohibiting the sale of alcohol to individuals
under the age of 21. How is it then that two out of every three
teenagers who drink report that they can buy their own alcoholic
beverages? Again, what is wrong with the parents? The parents are
sleeping on the job. Two out of every three teenagers who drink report
that they can buy their own alcoholic beverages. In my case, they would
buy a good basting as well. My parents, they would not have put up with
that, not with me, nor would other parents back in those days. We are
living in a time, of course, when anything goes.
Our children are besieged with media messages that create the
impression that alcohol can help to solve life's problems, lead to
popularity, and enhance athletic skills. Do you want to be a good
athlete? Drink. Drink beer. Do you want to be popular with the girls?
Drink beer. Do you want to be popular with the boys? Drink beer. The
media messages help to leave that impression. These messages, coupled
with insufficient enforcement of laws prohibiting the consumption of
alcohol by minors, give our Nation's youth the impression that it is OK
for them to drink. This impression has deadly consequences. In the
three leading causes of death for 15- to 24-year-olds--accidents,
homicides and suicides--alcohol is a factor. Alcohol is involved in the
three leading causes of death for 15- to 24-year-olds.

Efforts to curb the sale of alcohol to minors have high payoffs in
helping to prevent children from drinking and driving death or injury.
So I urge my colleagues to join me in support of the Harkin amendment
to actively address two areas that so seriously harm the physical and
mental health of our Nation's children. We have seen a great drive on
in recent years by our Nation to curb the use of tobacco. All that is
very well and good. I am not against that at all. But who has the nerve
to raise the finger against alcohol? Who has the nerve to say, ``Don't
drink, period.'' ``Don't drink, period.''
I congratulate my colleague, and I thank him for allowing me to join
in the support of his amendment and for allowing me to add the language
of my proposal that deals with drinking.
Mr. HARKIN. Will the Senator yield?
Mr. BYRD. I will yield provided, Mr. President, I do not lose the
floor. I have to do this----
Mr. HARKIN. I understand.
Mr. BYRD. Yes.
Mr. HARKIN. I just wanted to thank the Senator from West Virginia for
his addition to this amendment. The Senator from West Virginia, as I
mentioned earlier, is the leading voice in this Chamber about the
dangers of alcohol and alcohol addiction, especially drinking under
age. It has become, like tobacco, the scourge of our Nation,
especially, as the Senator said, beer drinking among teenagers in
college, and that is just a gateway to harder alcohol and other drugs.
The Senator from West Virginia has done us a great service because
most of the data that we have seen indicate that the teenagers who
illegally buy tobacco also illegally buy alcohol.
Sometimes we tend to get blinders on around here; we don't see other
things, and I would admit freely and openly that I had been focusing on
the teenage smoking and had not thought about the other aspects of the
teenager who walks in to buy the tobacco. And you can bet your bottom
dollar, I say to my friend from West Virginia, that if this

[[Page S7918]]

girl here--as I said earlier, which one of these is underage--you
really cannot tell--Melissa or Amy. This one looks the youngest. She
has a pair of overalls on. This one looks older. But it turns out this
one is 16 and this one is 25.
And you bet your bottom dollar, I ask the Senator from West Virginia,
if this one, who is 16, walks in and is successful in buying
cigarettes, then the next thing might be, well, as long as she got by
with that, how about a six-pack of beer, too.
Mr. BYRD. Sure. Why not?
Mr. HARKIN. Why not? So the Senator is right on the mark. As long as
you ID them, you better make sure they don't get the alcohol, too.
So I thank the Senator from West Virginia for helping us take the
blinders off to see this has broader implications than just tobacco.
This can help us cut down a lot on teenage drinking, and I thank my
friend.
Mr. BYRD. Absolutely. And I say this not in defense of smoking, but
the young lady or the young man who buys alcohol, or who buys tobacco
is not likely to go out and take a smoke and wrap his car around the
telephone pole killing himself or possibly some other teenagers or
striking an automobile and killing a lady and her daughter who are out
grocery shopping.
Mr. HARKIN. The Senator is right on the mark.
Mr. BYRD. I thank the Senator.
Mr. HARKIN. I thank the Senator.
Mr. BYRD. Mr. President, I promised the distinguished Senator from
North Carolina, [Mr. Helms], if he would have no objection in my
calling off the quorum, I would ask for a quorum when I completed my
statement.
Mr. CHAFEE. Mr. President, I ask the distinguished Senator from North
Carolina whether----
Mr. BYRD. Mr. President, I yield for that purpose, for the purpose--
--
The PRESIDING OFFICER. The Senator from West Virginia has the floor.
Mr. BYRD. The Senator is asking a question of the Senator from North
Carolina.
Mr. HELMS. I will if the Senator will ask for the yeas and nays on
the second-degree amendment.
Mr. CHAFEE. I do not want to get involved in the second-degree
amendment. I just want to deliver a few pearls of wisdom in
connection----
Mr. HELMS. Mr. President, I object.
Mr. CHAFEE. With the underlying amendment.
The PRESIDING OFFICER. The Senator from West Virginia has the floor.
Mr. BYRD. I promised the Senator from North Carolina, the State whose
motto is ``To Be Rather Than To Seem,'' that I would suggest the
absence of a quorum when I had finished. I will keep my promise. I
suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. HELMS. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
Mr. HARKIN. I object.
The PRESIDING OFFICER. Objection is heard.
The assistant legislative clerk continued to call the roll.
Mr. HELMS. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. HELMS. Mr. President, I ask unanimous consent the following, and
I believe it has been agreed to on the other side. One, that the yeas
and nays be deemed to have been ordered on the second-degree amendment,
the perfecting amendment; two, that the yeas and nays will be deemed to
have been ordered on the underlying amendment; and then, at the
appropriate time, that the vote to proceed, first on the second-degree
perfecting amendment, and, if that fails, then there be an up-or-down
vote on the underlying amendment--meaning that there will be rollcall
votes, up or down, on both amendments.

Amendment No. 969, As Modified

First of all, I send to the desk a modification, before this is acted
on.
The PRESIDING OFFICER. The amendment is so modified.
The amendment (No. 969), as modified, is as follows:

Strike all after the first word and insert the following:

ASSESSMENT FOR ETHANOL PRODUCERS.

``SEC. 9512. TRUST FUND FOR ANTI-SMOKING ACTIVITIES.

``(a) Creation of Trust Fund.--There is established in the
Treasury of the United States a trust fund to be known as the
`Trust Fund for Anti-Smoking Activities' (hereafter referred
to in this section as the `Trust Fund'), consisting of such
amounts as may be appropriated or transferred to the Trust
Fund as provided in this section or section 9602(b).
``(b) Transfers to Trust Fund.--The Secretary shall
transfer to the Trust Fund an amount equivalent to the net
increase in revenues received in the Treasury attributable to
section (a) of the Agriculture, Rural Development, Food and
Drug Administration, and Related Agencies Appropriations Act,
1998, as estimated by the Secretary.
``(c) Distribution of Amounts in Trust Fund.--Amounts in
the Trust Fund shall be available, as provided by
appropriation Acts, to the Secretary of Health and Human
Services for anti-smoking programs through the Substance
Abuse and Mental Health Administration.''. The Secretary is
directed to encourage States, in carrying out their
responsibilities under the youth tobacco use prevention
initiative, to coordinate their enforcement efforts with
enforcement of laws that prohibit underage drinking.
(2) Conforming amendment.--The table of sections for such
subchapter A is amended by adding at the end the following
new item:

``SEC. 9512. TRUST FUND FOR ANTI-SMOKING ACTIVITIES.''.

The PRESIDING OFFICER. Is there objection?
Mr. BYRD. Mr. President, reserving right to object.
The PRESIDING OFFICER. There is an objection?
Mr. BYRD. Reserving the right to object, and I will object. I
certainly have no objection to having the yeas and nays, but I prefer
to do it in the constitutional route, have them ordered by one-fifth of
the Senators who are present. For years we have objected to ordering
the yeas and nays by unanimous consent.
Mr. HELMS. Very well.
Mr. BYRD. So I object.
The PRESIDING OFFICER. Objection is heard.
Mr. HELMS. I object to the same thing, but I tried to hasten it a
little bit.
I ask for the yeas and nays on the second-degree amendment.
The PRESIDING OFFICER. Is there a sufficient second?
There is a sufficient second.
The yeas and nays were ordered.
Mr. HELMS. The second-degree amendment, as modified, of course.
The PRESIDING OFFICER. It has already been modified.
Mr. HARKIN. We ask for the yeas and nays.
The PRESIDING OFFICER. Is there objection to ordering the yeas and
nays on the first amendment?
Mr. BYRD. No objection.
The PRESIDING OFFICER. Objection? Without objection, it is so
ordered.
Is there a sufficient second? There is a sufficient second.
The yeas and nays were ordered.
Mr. HARKIN. Parliamentary inquiry. I just want to know where we
stand. We have now ordered the yeas and nays on both the underlying
amendment and on the perfecting amendment, is that correct?
The PRESIDING OFFICER. That is correct.
Mr. HARKIN. As I further understand----
Mr. HELMS. As modified.
Mr. HARKIN. As I understand it----
Mr. HELMS. No, I mean the second-degree perfecting amendment, as
modified.
Mr. HARKIN. I understand. As I further understand, the Senator from
North Carolina asked consent that we have an up-or-down vote on his
amendment, his perfecting amendment, and then an up-or-down vote on the
underlying amendment.
Mr. HELMS. If the perfecting amendment is defeated.
Mr. HARKIN. If the perfecting amendment is defeated. Is that correct?
The PRESIDING OFFICER. That amendment was objected to.

[[Page S7919]]

Mr. COCHRAN. Reserving the right to object, this is a new request, as
I understand it.
Parliamentary inquiry. Would this Senator have the right, for
example, when Senators have indicated that they do not care to debate
the issue any further, to move to table the underlying amendment and
get the yeas and nays and have a vote on the motion to table the
underlying amendment?
The PRESIDING OFFICER. Not if this agreement were entered into.
Mr. COCHRAN. Further inquiring of the Chair, there have been two
unanimous-consent requests granted, or there have been the yeas and
nays ordered on two amendments.
The PRESIDING OFFICER. That is correct.
Mr. COCHRAN. But now there is a request pending that there be an up-
or-down vote on both amendments; is that a correct understanding of the
request?
The PRESIDING OFFICER. Is the Senator from Iowa making that request?
Mr. HARKIN. Mr. President, let this Senator be clear. This Senator,
in good faith, just went over to my friend from North Carolina and
asked if we could get past this impasse in the following manner: Could
we agree to have the yeas and nays on this Senator's underlying
amendment, then to let the Senator from North Carolina modify his
amendment and then ask for the yeas and nays on that amendment, and
further, we agreed and shook hands that we would then have a vote on
his amendment up or down, and then if he failed, then we would have a
vote up or down on my amendment. I believe that was what the agreement
was.
Mr. HELMS. Mr. President, let me be sure I understand the Senator.
The first vote would be on the perfecting amendment, is that it?
Mr. HARKIN. That is correct. It would be an up-or-down vote on the
perfecting amendment.
Mr. HELMS. I have no objection to that.
Mr. COCHRAN. And that is the amendment of the Senator from North
Carolina, is that correct?
Mr. HELMS. Yes, the perfecting amendment, as modified.
Mr. HARKIN. And then if that amendment failed, then there would be an
up-or-down vote on the underlying amendment, and that is what we are
asking the Senate to do, to carry out that agreement that we made.
The PRESIDING OFFICER. Is there objection?
Mr. McCONNELL. Reserving the right to object.
The PRESIDING OFFICER. The Senator from Kentucky.
Mr. McCONNELL. Then I gather the Senator from Iowa is making the
point that a motion to table the underlying amendment would not be in
order.
Mr. HARKIN. That is correct.
Mr. McCONNELL. Under this request.
Mr. HARKIN. That is correct.
Mr. McCONNELL. That is an agreement we have already entered into?
The PRESIDING OFFICER. Not yet.
Mr. FORD. Reserving the right to object, Mr. President.
The PRESIDING OFFICER. Senator from Kentucky.
Mr. FORD. I think I am getting to the point here where I don't like
this agreement, and, I say with all respect, of what we are trying to
do. One, if this agreement is accepted, then as I understand it--and I
am not as good at the rules as I used to be or should be--but this
precludes a tabling motion on the underlying amendment if we agree to
this.
The PRESIDING OFFICER. That is correct.
Mr. FORD. And, second, if we agree to this and the second-degree
amendment is defeated, then I am precluded from offering another
amendment in the second degree.
The PRESIDING OFFICER. That is correct.
Mr. FORD. Then I object.
The PRESIDING OFFICER. Objection is heard.
Mr. HARKIN addressed the Chair.
The PRESIDING OFFICER. The Senator from Iowa.
Mr. HARKIN. I suggest the absence of a quorum. We are going to be
here for a long time.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. COCHRAN. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.

____________________