the presiding officer: the senate will come to order. the chaplain, dr. barry c. black, will lead the senate in prayer. the chaplain: let us pray.

lord raise up an army of praying people whose love for you and country will bring a new birth of spirituality and patriotism to our land. today we claim your promise that the earnest, fervent prayers of righteous people produce powerful results. in response to our prayers, give us willdom to discern your will

and the power to do it. we pray in your mighty name. awe men. -- amen. the presiding officer: please join me in reciting the pledge of allegiance to the flag. i pledge allegiance to the flag of the united states of america. and to the republic for which it stands, one nation under god, individual, with liberty and justice for all. the presiding officer: the clerk will read a communication to the senate. the clerk: washington, d.c., june 8, 2009. to the senate: under the provisions of rule 1, paragraph 3, the standing rules of the senate i hereby appoint the honorable mark r. warner, a senator from the commonwealth of virginia, to perform the duties of the chair signed probt c.

byrd president pro tempore. mr. reid: mr. president, following leader remarks the senate will be in phorbg with -- will be in morning business. following morning business the senate will resume consideration of the tobacco legislation. and immediately proceed to a cloture vote on the dodd substitute amendment. senators should expect the first vote to occur at 5:30 p.m. today. the filing deadline for first-degree amendments is 3:00 today. filing deadline for second-degree amendments is 4:30 p.m. today. i ask consent that the time from 5:00 until 5:30 be equally divided and controlled between senators dodd and enzi or their designees. the presiding officer: without objection. mr. reid: mr. president, at 5:30 today we're going to have an extremely important vote. it's on whether or not this body will invoke cloture on the tobacco legislation. sunday -- yesterday -- 3,500

children who never smoked before tried their first cigarette. today another 3,500 will do the same and tuesday will be the same and wednesday will be the same. for some, it will also be their last but certainly not all, mr. president. we all have expenses when we tried the first cigarette. in the little book i wrote about myself i tal talk about that experience and i will relay it. my brother, don, is 12 years older than me and came home from the marines corps smoking "ko ox l" cigarettes and he agreed to take his little brother hunting. there is not much to hunt in searchlight but it is time to get together with your brother and we had a 22 rifle and we hoped we would see a rabbit but mostly for a chance for my big brother to be with his little

brother. he was smoking. he smoked a lot. we were driving out on a dirt road, what we called the railroad grave. and i kept saying, don, give me a puff, give me a puff. as a boy, i was, maybe, ten or 11 at the time. and finally, he said, okay, as he is driving alone. here's what you do: take it like i do and just suck in as hard as you can. i did anything my brother asked me to do. i did that. i can still feel that, mr. president. that was the last cigarette i ever smoked or ever wanted to smoke even though my entire family smoked -- not me. it hurt too bad. but, mr. president, for others not having had the experience that i had, smoking would become part of their daily lives.

as happened with the kids i grew up with in the little town of searchlight. they all smoked as little kids. but if you think 3,500 is a scary number, how about 3.5 million -- 3.5 million? that's a scary number. that's how many american high school kids smoke -- 3.5 million. and nearly all of them aren't old enough to buy cigarettes. 3.5 million. that means there are at least half a million more students who smoke than there are men, women and children living in nevada. it means we have as many boys and girls smoking as participating athletics in our high schools. we have as many kids smoke as playing football, basketball, track, field, baseball --

combined. there are that many students endangering their health as there are staying healthy by playing the four most popular high school sports in the country. remember, i didn't mention soccer but it's popular now but we could include that, too. they outmatch that by far. it's time to act. but should we be surprised? every year the tobacco industry pores hundreds of millions, if in the billions of dollars into marketing, designed to get more people, including children, because they know that's where their market is, to start smoking. nine out of ten regular smokers in america started when they were kids. some of them as young as eight or nine years old. these marketers are very good at their jobs. and there's no question about that. but it's time we do our job. bipartisan bill that senator kennedy and the help committee has delivered does a lot of good. it helps keep american children and their families healthier.

that's pretty clear. and keep tobacco companies honest about the dangers of using their poisonous products by strengthening existing labels and make it harder for the companies to sell cigarettes and even smokeless tobacco to children. it will make it harder for tobacco companies to lure our children in the first place. when this bill becomes law, and it will, it's only a question of time, this responsible bill will help those overcome that are addictions and make tobacco products less toxic for those who cannot or do not want to stop. i want to be clear about one thing, mr. president. no one is trying to ban the use of tobacco products. but we're giving the proper authority to the food and drug administration, we're giving the food and drug administration the tools they need to help those who smoke and protect those around them. we'll talk a lot in the coming weeks and coming months about

different ways to lift the heavy weight of health insurance costs. think of tobacco: these crushing costs keep americans from getting the care they need to stay healthy or help a loved ones, the over all cost of health care. think about tobacco: health care costs have driven countless families into bankruptcy or foreclosure let alone disease and even death. we'll debate and at times we'll disagree but think of tobacco, one of the most sure fire solutions is to prevent health emergencies before they begin. and there's no doubt the effects of smoking qualify for such emergency. tobacco-related health care costs in america are unbelievably high, more than $100 billion every year. do you think government is spending too much of your money, consider this: your state and federal governments spend about $60 billion every year on

medicare and medicaid payments for health problems related to tobacco: medicare and medicaid, $60 billion a year. and that is related to tobacco diseases and conditions. so it's not just a health crisis, it's an economic crisis. one that we cannot afford. we can't afford to spend $60 billion of medicare and medicaid money on tobacco-related problems. and still if that weren't bad enough, mr. president, about 500,000 people die every year as a result of their smoking or, i guess, in some instances, someone else's smoking. these deaths from lung cancer, emphasis seem and many other conditions -- emphysema and many other conditions related to tobacco, such as heart disease which is made worse by tobacco -- name any disease, mr. president, and it's a rare

one that tobacco doesn't make it worse. but it's so preventable. this bill aims to ease the pain and prevent others from going through it. the dangers of smoking are hardly breaking news. we've known about it for decades. we know about it and we've known about it for a long time. i have to say, though, mr. president, that my parents didn't know about it. they didn't know about it. they started smoking at kids. everybody smoked. went into the military, they gave you free cigarettes. that was part of the deal. we didn't know about it when high brother offered me the cigarette. but we know volumes about it today. but we must do more than just know about it. this tote is simple, it's between endangering our

children's health and enriching a multimillion dollar tobacco industry that preys on them and accepting the responsibility we have, i guess, to our future, and rejecting irresponsibility of pervasive and perverse tobacco companies. it's time we have that vote. because tomorrow, 3,500 more of our sons and daughters will light up their first cigarette. the presiding officer: the republican leader. mr. mcconnell: mr. president, when it comes to health care, americans are looking to washington for real reform. americans are rightly frustrated with the ever-increasing cost of health care and many are concerned about losing the care they already have. americans also believe that in a nation as prosperous as ours, no one should go without the health care they need. all of us agree that reform is

necessary, that we must do something to address the concerns americans have on this issue. the only question is, what kind of reform will we deliver? will we deliver a so-called reform that destroys what people like about the care they already have? or will we deliver a reform that preserves what's good even as we solve the problems that all of us acknowledge and want to address? unfortunately, some of the proposals that have been coming out of washington in recent weeks are giving americans reason to be concerned. americans have witnessed the government take over banks, insurance companies and major portions of the auto industry. they're concerned about the consequences. now they're concerned about a government takeover of health care and for good reason. what americans want is for health care to be affordable and accessible. what some in washington are offering, instead, is a plan to take away the care that people

already have, care that the vast majority of them are perfectly satisfied with, and replace it with a system in which care and treatment will either be delayed or denied. last week i offered some examples of real people in britain and canada who were denied urgent medical treatment or necessary drugs under the kind of government-run system that those two countries have and that many in washington would now like to impose on americans whether the american people like it or not. this afternoon i'd like to describe how government-run health care systems like the one in canada not only do n.i.h. but also delay -- not only deny care but delay it for weeks, months and years. one city, in the ontario we can see the effect that government-run health care has on every day canadians and the long waits they routinely endure for necessary care.

now, i have no doubt that the politicans in canada never intended for the people of that country to see their health care denied or delayed. aoeupbl sure the intention was to make -- i'm sure the intention was to make health care more accessible and affordable than it was. as we've seen so many times in our country government solutions have the tendency to create barriers instead of bridges. the unintended consequence becomes the tpho*frplt that's what happened in -- becomes the norm. that's what happened in canada and america is concerned it could happen here too. a medium-size city of about 115,000 is about the same size about lansing, michigan. at kingston general hospital wait times can be staggering. take hip replacement surgery,

for example. a couple of years ago the wait time for hip replacement surgery at kingston general was almost two years. a lot of people were understandably unhappy with the fact that they had to wait more than a year and a half between the time a doctor said they needed a new hip and their surgery to actually get it. so the government worked to shorten the wait. today the average wait time for the same surgery at the same hospital is about 196 days. apparently in canada the prospect of waiting six months for hip surgery is considered progress. that's hip replacement surgery. what about knee replacements. at kingston general, the average wait is about 340 days, or almost a year, from the moment that the doctor says you need a new knee. how about brain cancer? in ontario, the target wait time for brain cancer surgery is

three months. three months. same for breast cancer and for prostate cancer. and for cardiac bypass surgery, patients in ontario are told that they have to wait six months for a surgery that americans often get right away. the patients at kingston general hospital in kings kingston on ti can't have been unhappy with the -- in kingston, ontario have been unhappy. two years african herniated a disk in her back and was told twa take at least a year before she could consult an intern about her injury which left her in constant pain. according to a story in the kingston "wig standard," fran's

doctor referred her to a neurosurgeon after an m.r.i. showed the herniated disk were affecting nerves in her leg. patients in ontario can be forced to wait up to two years and sometimes longer for tests, appointments with specialists or even urgent surgery. mr. president, americans don't want to end up like fran tuley. mr. president, americans don't want to end up like fran tuley. they like being able to get the care they need when they need it. they don't want to be forced to give up their private health plan nor to be pushed into a government plan that threatens their choices and the quality of their care. they want -- they don't want to wait two years for surgery that

their doctors say they need right away and they don't want to be told they're too old for surgery or that a drug they need is too expensive. but all these things could be headed our way. americans want health care reform but they don't want reform that forces them into a government plan and replaces the freedoms and choices they now enjoy with bureaucratic hassles, hours spent on hold and surgeries and treatments being denied and delayed. they don't want a remote bureaucrat in washington making life-and-death decisions for them or their loved ones. but if we enact a government-run plan, that is precisely what americans can expect. mr. president, i yield the floor. the presiding officer: under the previous order, leadership time be reserved. under the previous order, the senate will be in a period of morning business until 5:30 p.m. with senators permitted to speak for up to ten minutes each.

the senator from arizona. mr. mccain: mr. president, i take the floor this afternoon to discuss the issue of importation of prescription drugs and the amendment which is 1229, which is now pending but may be made nongermane because of a vote, if cloture is invoked. there's also been some discussion about the fact that i am holding up the bill because of my desire for this amendment. i'm not. i'm simply asking for 15 minutes or even 10 minutes of debate and a vote. and i understand that there's other amendments such as one by senator lieberman and one by senator burr also that should be considered. so i want to point out that i'm not holding up the bill nor put

any hold on the legislation. the fact is that importation of prescription drugs is certainly germane and should apply to this legislation before us. last week the majority leader was kind enough to say that he would see about this amendment and when it could be considered, and has just informed me that he has discussed the possibility that it be brought up on the health care legislation when it comes to the floor. well, one, the issue can't wait. and, two, that is not an ironclad commitment. and as much as i enjoy people's consideration around this body, from time to time i have found that without an ironclad commitment sometimes those commitments of consideration go by the wayside. but i do appreciate very much the majority leader's seeking to

help me address this issue. so, mr. president, i ask unanimous consent that when the senate begins consideration of h.r. 1256, that it be in order for the senate to consider amendment 1229 regarding prescription drug importation, the text of which is at the desk. and i ask that the amendment be considered in order with 15 minutes of debate on the amendment equally divided between both sides and that the disposition of such time that the senate vote on or in relation to the amendment. the presiding officer: in my capacity as the senator from virginia and at the request of the leadership, i object. mr. mccain: i thank the chair, and i'm not surprised. but if there is any allegation that this bill is being held up because of this amendment, that's simply patently false. tph-fbgs, i'm more than eager to vote on -- in fact, i'm more

than eager to vote on this legislation because it's been before this body for a long time and it's a very clear-cut issue. the pharmaceutical industry has spent millions of dollars to sway lawmakers against the idea of drug importation. according to an article -- and, mr. president, i ask unanimous consent that the article in "the hill" newspaper be made part of the record at this time. the presiding officer: without objection. mr. mccain: mr. president, it basically says just a few years before democrats took control of congress, the pharmaceutical industry was busy funnels millions to republican candidates at times giving the g.o.p. $3 for every $1 headed to democrats. over the last two cycles, drugmakers have been much more generous with the other party. in the 2008 cycle, pharmaceutical companies gave the two parties about $14.5 million each. this year the industry has given

$714,000 to republicans and $721,000 to democrats, which helps to explain, mr. president, the e-mail sent by the top lobbyists for the pharmaceutical research and manufacturers of pherpl, known as -- of america known as phrma which stated -- quote -- "the senate is on the taeb bill today. unless we get significant movement, the full-blown dorgan or vitter bill will pass. we're trying to get senator dorgan to back down calling the white house, and senator reid. our understanding is that senator mccain has said he will offer regardless. please make sure your staff is fully engaged in this process. this is real." you know, mr. president, it really is real. it's real that it would provide savings to the millions of americans who have lost a job, millions of americans who are struggling to put food on the dinner table. and the millions of americans who are struggling with health

care costs and the high cost of prescription drugs. the congressional budget office has estimated that this amendment would save american consumers $50 billion over the next decade. let me repeed, $50 billion. why is that? the frazier institute found in 2008 that canadians paid on an average 53% less than americans for identical brand name drugs. specifically, the institute found that the most commonly prescribed brand name drug -- lipitor -- is 40% less in canada. presstor is 50% less in canada and celebrex is 52% less expensive in canada. americans would love a 60%-off coupon for prescription drugs and deserve such a discount now more than ever. this morning president obama met

with his cabinet and announced he intended to accelerate of the $780 billion stimulus funds which, by the way, were all supposed to be shovel-ready, but that's the subject of a different debate. many have limited the slow pace by which the stimulus funds are being spent. this amendment would provide an immediate stimulus to each american if enacted. over half of all americans must take a prescription drug every day. according to a 2008 poll by kaiser public opinion and millions more take prescription drugs when diagnosed with a virus or other ailment. many americans who are cutting household expenses can't afford to cut out the prescription drugs they must take each day for their health. we must help these americans by enacting this amendment. you know, some of my colleagues have argued that this amendment should not be considered on legislation regulating tobacco, and my efforts to add this amendment to the bill are actually holding up the bill.

finally, the amendment is directly relevant to the underlying legislation. the bill would require the food and drug administration to regulate tobacco because of its well-known negative health effects. this amendment would require the food and drug administration to regulate the importation of prescription drugs from importers declared safe by the f.d.a. i reject any argument that this amendment is not related. furthermore, it's well documented that smokers have a higher health costs than nonsmokers, so this amendment is necessary to assist those who have experienced so many health issues due to smoking. smoking kills. i've supported stricter regulation of tobacco products for ten years. in fact, this bill contains many of the provisions included in the national tobacco policy and youth smoking reduction act that i introduced and fought for

weeks on the floor of this senate to seek passage. i don't seek to hold up consideration of the bill and merely ask for an up-or-down vote on the amendment. therefore, mr. president, i think the american people deserve better than the phopb tar relationship influence buying by phrma, an -- than the monetary influence buying by far marks an organization that spent tens of millions of dollars to prevent the american consumer from being able to acquire prescription drugs screened by the f.d.a. at a lower cost. that's what this is all about, mr. president. it's the special interests versus the american interests. and special interests, in this case, phrma, has won rounds one through nine. we won't quit this fight, mr. president, because the american people deserve it particularly in these difficult economic times. so, mr. president, we may be blocked on this bill.

we may be blocked on the next bill. but we'll come back and back and back and keep coming back. my message to the other side and those at phrma, and we will succeed in allowing americans to acquire the much-needed, in some cases lifesaving prescription drugs at a lower cost to themselves and their families. that's what this amendment is all about. mr. president, i suggest the absence of a quorum. the presiding officer: the clerk will call the roll. a senator: mr. president? the presiding officer: the senator from nebraska. a senator: mr. president, i ask that the quorum call be set aside. the presiding officer: without objection. mr. johanns: mr. president, today i rise in solemn remembrance of the life of a fallen hero: sergeant justin j. duffey of the united states army's 82nd airborne division. justin died while serving his country in iraq on june 2 when his humvee was struck byn