[Congressional Record Volume 144, Number 76 (Friday, June 12, 1998)]
[Senate]
[Pages S6274-S6275]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      PROGRESS ON THE TOBACCO BILL

  Mr. McCAIN. Mr. President, I note the presence of Senator Reed, and I 
will be brief because I know he wants to discuss his amendment further.
  Later on, Senator Gramm will come to propose his amendment. I 
understand that Senator Gramm has to go to the dentist so he perhaps 
may not be in his usual sunny, rosy mood as he usually is when he comes 
to the floor, especially debating this issue, but I am told that he 
will come later this morning to propose his amendment which we do plan 
to vote on Monday, sometime after 5 o'clock, I believe is the unanimous 
consent agreement.
  Again, because of headlines that I have seen this morning and 
comments in the various newspapers about the attitude that some have 
taken towards the legislation, I would like to review where we have 
come and where we are.
  Yesterday, we made further progress. We are at the point wherein I 
believe we can and should finish our business expeditiously. I say that 
for two reasons. One is the progress that we have made, but also we are 
all aware now, as we have been on this bill for 3 weeks--and we are 
going to be on it next week. I will have to ask somebody to look up 
when was the last time we have spent

[[Page S6275]]

4 weeks on a single piece of legislation, but it is not very often, 
obviously.
  Mr. President, I think the point here is that we have been 3 weeks 
debating this bill. We have debated many aspects of it, some aspects of 
it, in the case of attorneys' fees, more than once, and that may be 
revisited again. But let us look at what we have done. We have provided 
critical funding for ground-breaking health research to find new 
treatment and cures for killer diseases including cancer and heart and 
lung diseases. These initiatives obviously are supported on both sides 
of the aisle. It includes assistance to our Nation's veterans who 
suffer from smoking-related illness.
  Mr. President, I thought one of the least laudatory things that took 
place in the ISTEA process was that we basically, at least at one 
point, declared that veterans who smoked while they were in the service 
were guilty of gross misconduct. I still find that unbelievable, since 
we all know that veterans and members of the Armed Forces were 
encouraged to smoke. Tobacco was provided along with meals--smoke 
breaks. We all know that smoking was encouraged. In this bill, now we 
are going to earmark $3 billion to try to treat veterans who have 
incurred tobacco-related illnesses. I think that is very important, 
that they receive that assistance. I think it has to be one of our 
highest priorities.

  We have included a major antidrug effort to attack the serious threat 
posed by illegal drugs, both through prevention education as well as 
interdiction. By the way, that is a Republican amendment, a 
conservative amendment, and one that was approved by both sides of the 
aisle because of the importance that the American people feel is 
associated with illegal drugs.
  It now contains one of the largest tax decreases in many years, a 
nearly $200 billion tax cut that would eliminate the marriage penalty 
for low- and moderate-income Americans and achieve 100 percent 
deductibility of health insurance for self-employed individuals. I 
think most of us on both sides of the aisle believe the marriage 
penalty is unfair and that low-income Americans should be the first 
ones to receive relief. We think it is unfair for companies and 
corporations to have tax deductibility for their health care insurance 
yet individuals do not.
  I think it is important that we understand, also, when we are talking 
about taxes on the American people, that today $50 billion of America's 
tax dollars go to treat tobacco-related illnesses, almost $455 per 
taxpaying household in every year. It provides the opportunity to 
settle 36 pending State cases collectively, efficiently, and in a 
timely fashion.
  I also want to mention again, some are of the impression that if this 
bill leaves the floor of the Senate, it disappears --as some, I am 
told, especially in the other body, would like to see happen. But there 
would still be 37 States that go to court. There will still be enormous 
legal fees. There will still be incredibly high settlements. In 
Minnesota, it was a $6.5 billion settlement, which was $2.5 billion 
above what was agreed to in the June 20 agreement. Just a few days ago, 
an individual won a court case that included punitive damages. There 
are literally thousands and thousands of cases lined up to go to court. 
Mr. President, those who believe that somehow this issue will not go 
on--the question is: Where does it go on? Does it go on in every 
courtroom in America?
  Does it go on in States, 37 of them now--and I cannot imagine the 
remaining 10 of the 40 that did not enter into agreement between the 
attorneys general and the industry will not join sooner or later. Would 
that not continue, in fact would that not accelerate? The attorneys 
general tell me they are just waiting to see what we do.
  There is a settlement in Mississippi. There is a settlement in 
Florida. There is a settlement in Minnesota. They entail billions and 
billions of dollars. What about the tax? According to reliable 
publications, the price of a pack of cigarettes just went up 5 cents 
because of the Minnesota settlement. Does anyone believe that when they 
make these massive payments the cost is not passed on to the consumer?
  So I want to remind everybody, we are coming up on a crucial week. It 
is hard for me to imagine that we would continue on this legislation 
for very much longer. We can either move forward to a conclusion, 
because we have addressed most of the issues--the farm issue is still 
out there and we need to get a reasonable resolution of it--but for the 
life of me, I do not know of another major issue associated with this 
legislation. There may be substitutes that refine it, or even change it 
substantially, but the general outlines of the legislation we all know. 
So we are either going to move forward and cloture will be invoked, 
which puts us on autopilot to completion, or we will not.
  I am not an expert on tobacco. I am not an expert on public health, 
nor have I ever claimed to be. I claim some expertise on national 
defense and security issues. I claim some expertise on 
telecommunications, aviation--other issues. I don't claim expertise on 
this. But I was asked by the leadership to move a bill through the 
Commerce Committee. We did, with a 19 to 1 vote. Then the majority 
leader scheduled the bill to come to the floor. I did not. I didn't 
make the scheduling decisions. Obviously, since the legislation went 
through the committee which I chair, I am the manager of this bill. I 
do not seek any sympathy for the fact that I have been criticized by 
both sides of the political spectrum rather severely, including a $100 
million, so I am told, tobacco advertising campaign. But I do believe 
that all of us have the right to expect now to move to a conclusion to 
this issue. That conclusion is either a final passage or, somehow, the 
bill leaves the floor--although I am not sure my friends on the other 
side of the aisle would do so with alacrity.
  But if the decision is made, or if we are unable to move forward, 
please, let no one be under the illusion that the issue is going away 
if it leaves the floor of the U.S. Senate. There will be a myriad of 
lawsuits. There will be incredible activity in the courts of America. 
And to those who are concerned about lawyers getting rich, I guarantee, 
they will get a lot richer under those circumstances than under ours. 
But that doesn't bother me. The thing that bothers me is, if we do not 
move forward, as I mentioned the other day, there are winners and 
losers; and the winners will, obviously, be the tobacco companies. They 
will have gotten a significant return from their $100 million ad 
campaign. The losers may be me, maybe even the Senator from 
Massachusetts, but the real losers will be the children of America.

  Today, 3,000 kids start smoking. One thousand of them will die early. 
Tomorrow, the same, and the next day, the same, and it is on the rise. 
We will address, as a nation, the issue of tobacco and the issue of 
kids smoking. There is no doubt of that in my mind, because of the 
obligation we have. It is a question of how, and when. By moving this 
legislation forward, we can do it sooner rather than later. I am more 
than willing to stay on this floor all summer, if necessary. But I do 
not think we can afford to do that, because of the compelling 
legislation that we have to achieve legislative results on by the 
beginning of October when, there is no doubt in my mind, given the fact 
that it is an even-numbered year, we will go out of session.
  So I urge all of my colleagues to recognize that we are now reaching 
a point, next week, where we either have to move forward or not. I will 
abide by the will of the majority and what the leadership on both sides 
of this body decide. I will regret it, obviously, if we do not move 
forward. But I also will far, far more regret the effect that it will 
have on the children of America.
  I note the presence of my friend from Massachusetts as well as the 
Senator from Rhode Island, and I yield the floor.

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