[Congressional Record Volume 144, Number 67 (Friday, May 22, 1998)]
[Senate]
[Pages S5368-S5369]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    UNIVERSAL TOBACCO SETTLEMENT ACT

  Ms. SNOWE. Mr. President, I want to address the Senate this morning 
with respect to the national tobacco policy legislation that has been 
on the floor this week. I hope in the final analysis we will be able to 
come to a common agreement and find common ground on this critical 
issue and legislation. Clearly, the significance of this issue and the 
promise of related legislation cannot be overstated with respect to the 
fact that it certainly could improve the health of our Nation's 
children.
  As a Member of the Senate Commerce Committee, I had the opportunity 
to work on the original legislation that was reported out of the 
committee by a 19-1 vote. The committee voted overwhelmingly for the 
bill because we thought it was important and necessary to move the 
debate forward on this critical issue. There is no question that the 
bill which is now on the floor of the Senate is very different from the 
legislation that was considered in the Commerce Committee, where we 
began the process of defining and refining the issue, and knew full 
well that amendments would be offered on the floor to improve it and to 
reflect the interests and the desires of the Members of this body.
  Unfortunately, what ultimately occurred is that we had a total 
rewrite of the bill through the White House.
  It is not unusual to have the White House involved and be an integral 
part of the discussion in terms of shaping legislation. But, 
ultimately, the bill was significantly rewritten in most pieces. I 
can't say it wasn't improved in some places, but other areas raise 
significant questions. It is one thing to amend a bill and change it on 
the floor; it is quite another to have this issue altered in a way that 
is outside of the scope and purview of the committee, and which has now 
resulted in some of the problems that have contributed to the delay of 
this legislation and its passage.
  But be that as it may, I hope in the final analysis we don't overlook 
the reason why this legislation is on the floor of the U.S. Senate, 
what brought us to this point, why this legislation was crafted, and 
what we hope to accomplish from the passage, ultimately, of this 
legislation.
  First and foremost, we have to remember this legislation was the 
result of a settlement reached by the tobacco industry and 40 states 
attorneys general across the country more than 11 months ago. And the 
bottom line is that the proposed settlement would not have been reached 
if it weren't for one simple truth: tobacco products have been killing 
and continue to kill 420,000 Americans each and every year--and every 
day, 3,000 children become addicted to tobacco and one-third will 
eventually die as a result of tobacco-related disease.
  If it weren't for this simple truth, the tobacco industry would not 
have been subjected to years and years of lawsuits and litigation, and 
this comprehensive settlement would not have been reached. And the fact 
is, if not for this simple truth, the industry would not have settled 
with States such as Minnesota recently to the tune of $6 billion, and 
three other States across this country. And that is why they were 
interested in reaching this agreement, because they knew what the truth 
was. And the most insidious aspect of this whole tobacco debate is the 
fact that this dangerous and addictive product was marketed to 
children.
  In listening to the debate this past week and hearing the many 
arguments that have been put forward from divergent points of view, I 
believe that we cannot afford to forget, nor can we overlook the fact, 
that this product was deliberately, in a calculated fashion, targeted 
to young people and teens--even to children as young as 11-year-olds. 
This product was marketed to individuals who were not old enough to 
vote, not old enough to drink, not old enough to enlist in the 
military, not old enough to make any of the life-altering decisions 
that should be made by adults, and not old enough, ironically, to even 
purchase this product legally. By the way, these facts aren't just 
based on hypothetical views or assumptions or conjecture; these are 
based on more than 40,000 documents that have been unveiled during the 
course of recent litigation and in crafting the proposed settlement.
  When you look at the documents, it provides a disturbing glimpse into 
the mindset and tactics of the tobacco industry. From this paper trail, 
we have learned of repeated efforts by the industry to manipulate 
scientific research, racially stereotype minorities in marketing plans, 
contrive the nicotine levels in cigarettes, and play down the risks of 
smoking. They even demonstrated the manner in which they studied the 
smoking habits of teenagers, to the extent that they would exploit the 
teen market so they would have the lifelong support of a group of 
Americans. They even considered ways to make cigarettes taste better 
for teens. So this was a very deliberate, calculated effort to hook 
kids on tobacco. The thousands and thousands of documents outline this 
effort.
  That is the crux of this issue. This is not to say that Americans 
didn't know that smoking cigarettes was harmful; of course, they did. 
The question is, ``Did the industry deliberately contrive the nicotine 
levels to make it addictive and then to attract young people so they 
would smoke throughout their lifetime?''
  For the answer, listen to some of the industry's own documents. ``The 
basis of our business is the high school students,'' said one memo. 
Another one said, ``It is a well-known fact that teenagers like sweet 
products. Honey might be considered.'' Another one said, ``If our 
company is to survive and prosper in the long run, we must get our 
share of the youth market.'' Another memo said, ``. . . to ensure 
increased and longer-term growth . . . the brand must increase its 
share penetration among the 14-24 age group . . . which represents 
tomorrow's cigarette business.'' Another one said, ``Today's teenager 
is tomorrow's potential regular customer.''

  So these are glaring demonstrations of unscrupulous and unethical 
conduct on the part of companies.
  And that is what brings us to the floor of the Senate. The industry 
discovered and knew the truth, and they could not escape their past 
practices. And that is why they entered into a settlement with 40 
attorneys general.
  While last June's proposed settlement may have been the catalyst for 
comprehensive tobacco legislation, it did not mean that Congress could 
not change that settlement. We were not a party to those negotiations, 
but we have a right to make changes, and it had to come to Congress.
  And what has been the result of these industry documents and their 
intent to market an addictive product to young people in America? This 
has been the result: More than 5 million children under the age of 18, 
alive today, will eventually die from smoking-related diseases unless 
current rates are reversed. Approximately 4.1 million kids age 12 to 17 
are current smokers. Almost 90 percent of adult smokers began at or 
before age 18. Among high school seniors who have ever used smokeless 
tobacco, almost three-fourths began by the ninth grade. And 3,000 of 
our children will become addicted to this deadly product every day.
  That is what this is all about. That is the debate. That is the heart 
of this issue, Mr. President.
  In my State of Maine, we have one of the highest rates of teen 
smoking in

[[Page S5369]]

America and we have the highest rate of smoking for individuals between 
the ages of 18 and 30. In fact, a full 38 percent of high school 
students in Maine currently smoke cigarettes, and 16 percent of high 
school boys use smokeless tobacco. That is what has happened. Smoking 
is habit-forming and 35 percent of males between the ages of 18 to 34 
reported smoking cigarettes in 1996. That is the result of what we are 
talking about. That is why we are here in the U.S. Senate debating this 
comprehensive framework.
  If this habit was harmless, we would not be here today. But tobacco 
is not harmless, and we know it. Furthermore, this harm has been spread 
by an industry that has marketed to young people, which has resulted in 
a senseless loss of life. Now, we have the responsibility to take 
action.
  For those who oppose doing anything, regardless of what the content 
of this legislation is, I say to them: What is the alternative? What 
else will we do here in the U.S. Senate? The bottom line is that this 
is our only chance. We only have one opportunity and it is before the 
U.S. Senate. It is a historic opportunity to bring to an end these past 
practices and, more importantly, to help young people in America so 
they don't become addicted to this deadly tobacco product for the rest 
of their lives. That is what this debate is all about. I hope the 
essence of this issue doesn't get lost as we look at it from a variety 
of dimensions, because there is no possibility of ever dealing with 
this kind of framework ever again. This is our chance once and forever.
  So I hope that once we get to the point of having gone through all of 
the amendments, the debate and discussion, it doesn't defeat the 
ultimate passage of comprehensive tobacco legislation. Those objections 
cannot override this one important national interest, which is to 
change the tobacco culture in America, and to hopefully stop young 
people from smoking, or help them never to start in the first place.
  Thank you, Mr. President. I yield the floor.
  Mr. KYL addressed the Chair.
  The PRESIDING OFFICER. The Senator from Arizona.

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