and earlier when i had spoken to chairman waxman he recognizes that a pragmatic approach is truly the incorporation of harm reduction with abstinence. and you know what, whether we're talking about teenage sex, right, or the use of tobacco, if we really truly want a hand, four fingers and a thumb don't make a hand without a palm. so you have to use practicing matism along with new -- pragmatism along with new science. i look forward to working with the gentlelady and i yield back. the speaker pro tempore: the gentlewoman from north carolina reserves her time. the gentleman from colorado. mr. polis: thank you, mr. speaker. i want to highlight that this legislation is supported by over 1,000 public health, faith and other organizations, including the american cancer society action network, american heart association, american dental association and american lung association. i'd also like to thank that

dialogue between the representative from california and representative from indiana. with many strategies that need to be used and employed to reduce smoking. certainly the banning of targeted marketing towards youth and tobacco products that clearly have names that affect youth, creating a regulatory structure for the first time around tobacco products, our constructive steps, and i'd agree from the gentleman from indiana, not necessarily mutually agreed steps, reach the common goal we share of reducing youth smoking. mr. speaker, i'd like to yield one minute to the gentleman from illinois, mr. quigley. the speaker pro tempore: the gentleman from illinois is recognized for one minute. . mr. quigley: the tobacco industry has been selling us a line. they are now selling us a story. they would have us believe that this bill which would allow the f.d.a. to regulate the tobacco

would ruin their industry, shut down small farms, and hurt already hurting farmers who just want to earn a living. the truth is the tobacco industry has lied for decades about the addictive nature of tobacco. they have targeted our children as prime consumers of their deadly product, and they have produced and marketed a product that is the leading cause of preventable death in the united states. killing an estimated 438,000 people each year. it is past time to empower the f.d.a. to step up and stop the tobacco companies from continuing to make false claims about tobacco and start telling the truth. for too many years the tobacco industry has sold us a line. attempted to tell us what they are selling. but in reality the only thing they have been selling is sickness and death. thank you. the speaker pro tempore: the gentleman's time has expired. the gentlewoman from north carolina. ms. foxx: thank you, madam speaker. i want to say that mr. buyer

has brought up again the issue the republicans have alternatives that are proven more effective. but those alternatives are not being properly considered by the majority party. department of health and human services secretary levitt has noted that this legislation could be also viewed by foreign countries as a hostile trade action. many of the clove and other flavored cigarettes banned under this bill are manufactured in foreign countries. however this bill expressly permits production of men tall -- men tall -- men that will -- menthal cigarettes. ultimately retaliatory measures could be taken against american made products which could lead to unnecessary trade disputes with a negative effect on economic growth. as mr. buyer again pointed out earlier, most of us do not want

to encourage smoking. but we oppose this bill on the basis that it is establishing a new federal authority for the regulation of the tobacco industry and putting the f.d.a. in charge of this. the tobacco industry should continue to be related -- regulated at the state level. we should not expand the federal government to add another layer of bureaucracy to the already overburdened food and drug administration and a another layer of regulation to americans, consumers, and lives. this is not the direction we need to go but it is the direction, again, that the administration and the majority party want to go. that is more and more control of the lives of americans. with that, madam speaker, i yield back. the speaker pro tempore: the gentlewoman from north carolina yields back her time. the gentleman from colorado is recognized. miss polis: thank you, madam speaker. this bill is not a hostile trade action. every sovereign state, every

country has the full ability to regulate public health issues. tobacco is a killer. 443,000 deaths per year. smoking related deaths as i mentioned earlier are more than the deaths caused by aids, alcohol, cocaine, heroin, motor vehicle crashes, and fires combined. it is a matter of national sovereignty, a concept that i know the gentlewoman from north carolina is also a strong supporter of that countries have the ability n. fact the duty to -- ability, in fact the duty to regulate public health issues. this bill achieves critical public health goals. this legislation would ensure tobacco productses are not advertised or sold to children. and as i mentioned, 90% of adult smokers start before the age of 19. addiction to tobacco begins almost universally in childhood and adolescence. tobacco companies have long taken advantage of this by

promoting their products through cartoon advertisements, themed tobacco themed merchandise, and sponsorships of sports entertainment event. by reinstating the f.d.a.'s 19 96 rule, we'll be able to ban all outdoor advertising within 1,000 feet of schools and play grounds. again common sense. we'll ban free give aways of any nontobacco items with the purchase of tobacco products that appeals to children. we restrict vending machines and self-service displays to adult own facilities and requires the retailers to verify age for all over-the-counter sales and provides for federal enforcement and penalties against retailers who sell to minors. barring the sale of certain tobacco flavored products will protect the health of children who were lured to smoking by these candylike flavors with little if any impact of adult enjoyment on tobacco. the opponents of this legislation often cite the american valu of individual or

personal responsibility. certainly informed battles are responsible for making their own choices and dealing with the consequences, including the choice of whether to smoke. where we differ is our treatment of the fact that 90% of americans who smoke began as teenagers between the age of 12 and 17. opponents ask kids to make grave health related choices. with incomplete information and hold those kids responsible for childhood mistakes with their lives. when 80% of kids smoke the most heavily advertised brands, it's easy to infer the influence of advertising on children. big tobacco claims they don't market to kids. nevertheless, they do a remarkably and suspiciously good job of getting kids to use their products. this has to change. this legislation will also require the tobacco products marketed as safer and claim to be safer, are in fact demonstrated to be safer by scientific proof. no more will consumers be duped

into believing there is such a thing as healthy cigarettes, light, or low tar. by imposing scientifically backed new labeling and advertising requirements for such products, this bill will ensure that tobacco consumers not only receive accurate information about what is in such products, but also are protected from poison substances that are injurious to health. i would like to inquire how much time remains. the speaker pro tempore: the gentleman has 10 minutes remaining. mr. polis: i'd like to yield two minutes to the gentleman from virginia, mr. connolly. the speaker pro tempore: the gentleman from virginia is recognized for two minutes. mr. connolly: i thank my friend from colorado. i thank you, madam speaker. i rise in support of the underlying legislation and i thank my friend from colorado for his passion on the subject. we know that if we can deter teenage smoking we can deter a lifetime of health risks and health costs. i must confess, however, madam

speaker, some concern about accepting the senate provision here. there were other provisions in the house bill that i passionately supported that protected our federal work force. i specifically refer to the provision allowing the counting of sick leave for retirement and allowing those who are under the federal employment retirement service to reemploy, pick up where they left off. these are important provisions, madam speaker, because the federal work force as we look out to the future is going to be challenged with a brain drain. the baby-boom generation is going to be retiring. as many as 47% of the current work force will be retiring over the next decade. in order to attract talent for the future of the federal work force, we need more flexible work rules. we need to provide more amenities for that work force. i was disappointed the senate on an amendment by mr. demint of south carolina dropped those provisions from this bill which were carefully crafted by the

committee on oversight and government reform here in the house and i hope that we can revisit those issues in the future. but the underlying bill with respect to tobacco is a very important bill. again i thank mr. polis from colorado for his leadership and his passionate commitment to the subject. i yield back. the speaker pro tempore: the gentleman yields back the balance of his time. the gentleman from colorado. mr. polis: i'd like to thank the gentleman from virginia for bringing out another important issue that is no longer included in this bill and hopefully he and other of our colleagues can work to ensure that we have a competitive work force for our federal government. madam speaker, the tobacco is the deadliest product on the market today. it kills over 400,000 americans every year. despite that grim statistic, tobacco companies have enjoyed a great deal of influence over public policy. indeed, a privileged state. avoiding the appropriate oversight of their dangerous business. by giving the food and drug administration the authority to exercise their proper oversight duties, we strip big tobacco of of their special privileges and

power. we owe consumers the same level of protection with regard to tobacco use as we do with food and drink consumption, prescription and over-the-counter drugs, and even makeup and cosmetic. why should tobacco, such an obviously harmful product, not be subject to the same scrutiny as a head of lettuce or mascara or drink. the f.d.a. is more than capable of handling this new responsibility. we entrust the most sensitive regulation and oversight efforts already to the f.d.a. the rulation over what we put in our own bodies. we must give this agency the opportunity to succeed, providing the necessary resourceses to get the job done and this bill does that. by providing the health and human services secretary with the authority to regulate tobacco product standards and product testing based on scientific evidence, this legislation will promote and protect the nation's public health. as my friend and colleague the representative from california ms. harman said, this is an

important nexus in the health care debate in reducing costs and helping ensure americans are healthier. for far too long we have not followed doctor's orders so to speak with regard to tobacco use. science tells us a great deal about the causes of disease and the risks of certain behaviors. this legislation puts those scientific findings at the forefront of policymaking for the department of health. mr. buyer: would the gentleman yield? mr. polis: yes. mr. buyer: i want to make sure the record is clear. earlier in your remarks you referred to thisher shoe on spiking. spiking was an allegation that was made a newspaper article. an investigation had taken place. the former f.d.a. commissioner kessler found that spiking allegations of nicotine were found to be false. i just wanted to let you know. mr. polis: thank you for clarifying. this bill also promotes the public health by requiring the health and human services secretary to consider replacing tobacco replacement products on a fast track f.d.a.-approval process f we want americans to stop smoking, we must provide them with the help they need to

kick the habit. holding up these smoking cessation aids in a maze of bureaucratic red tape is no longer an option. i believe that's a concept consistent with the harm reduction strategy my colleague from indiana had discussed earlier. by creating a special category of small tobacco product manufacturers, the bill will ensure that small businesses have the assistance they need from the f.d.a. to comply with the new regulations. supported by over 1,000 health and faith-based groups from across the country, including the american cancer association, the american heart association, the american lung association, the campaign for tobacco free kids, and the american dental association. this bill also preserves states right's my not preempting state tobacco laws. it's extremely important to respect in many states, including my own home state of colorado, already recognized the dangers of smoking and the role that regulation can play and have excellent laws on the books that keep cigarettes out of the law, out of the hands of children and also regulates secondhand smoke. i'm very proud to say my home

state of colorado is recognized as a leer in tobacco control as demonstrated by our leadership in enacting a comprehensive smoke free law that includes casinos. additionally colorado's working on enacting a youth access policy statewide. senator from my district, the state senator, introduced a bill last year that required i.d. checks for tobacco purchases and prohibited youth from possessing tobacco products. i'd like to highlight in conclusion a story of a hero in the cancer awareness movement from my district. a type of heroism that is all too common. susan dewit was a particularical soccer mom from colorado. she made a d.v.d. video about her struggles of her family during her eight-year battle with cancer that ultimately cost herzegovina life. she had earlier worked as a reporter in boulder county. she had been a light smoker in her teens and continued into her 20's. and she quit in 1992.

in her early 30's. . she passed away at the age of 42 because of lung cancer. she created a legacy through her children's eyes and her family founded the susan de witt foundation. how many more susan de witts must there be in this country. this plague has touched almost all american lives. how many of us have lost a friend, a relative to lung cancer and to smoking? this bill is a critical important first step in finally creating a regulatory structure to discourage young people from ever beginning to smoke and regulating the safety of tobacco products. madam speaker, i urge a yes vote on the rule and the underlying bill and i'd like to yield back the balance of my time. the speaker pro tempore: the gentleman yields back the balance of his time.

does the gentleman order the previous question? mr. polis: madam speaker, i'd like to move the previous questioned. the speaker pro tempore: the question is on adoption of the resolution. all those in favor say aye. all those opposed, no. the ayes have it. the resolution is agreed and without objection a motion to reconsider is laid on the table. the chair lays before the house the following enrolled joint resolution. the clerk: house joint resolution 40, joint resolution to honor the achievements and contributions of native americans to the united states and for other purposes. the speaker pro tempore: for what purpose does the gentleman from california rise? >> madam speaker, i -- pursuant to house resolution 532, i move to take from the speaker's table the bill h.r. 1256 with the senate amendment thereto and i have a motion at the desk. the speaker pro tempore: the clerk will report the title of

the bill, designate the amendment and designate the motion. the clerk: to protect the public health by providing the food and drug administration with certain authority to regulate tobacco products, to amend title 5, united states code, to make certain modifications in the thrift savings plan, the civil service retirement system and the federal employee's retirement system and for other purposes. senate amendment, mr. waxman from california concurse that the house concur in the senate amendment. the speaker pro tempore: pursuant to house resolution 532, the motion will be debatable for one hour. the gentleman from california, mr. waxman, and the gentleman from indiana, mr. buyer, each will control 30 minutes. the chair recognizes the gentleman from california. mr. waxman: madam speaker, i yield myself such time as i may consume. for debate on this matter. the speaker pro tempore: the gentleman is recognized. mr. waxman: it's hard to believe that we have finally reached this day and more than a decade -- after hor than a

decade of effort and with countless delays and defeats at last we are about to enact truly historic legislation to protect the public health and to end the tobacco epidemic. i'm proud that we made it to this point but it has taken us far too long. it has been more than 45 years since the landmark surgeon general report that found that cigarette smoking was responsible for 70% increase in the mortality rate of smokers over nonsmokers. and a 10 to 20 times greater risk of developing lung cancer. 45 years. that delay is a tragic testament to the power and influence of big tobacco in our country and on congress. but that power is fading. times have changed. public opinion has changed.

and the tobacco industry's ability to block essential public health legislation has come to an end. today is a day when strong and effective regulation finally is established as the crucial counterweight to the efforts and even deceptive practices of this industry. this is the day when americans can begin to truly kick the habit and with a full force of our laws marshal to protect our consumers and many our young people. many of us remember vividly the milestones that have led us to this moment. in 1994, tobacco executives stood up before my subcommittee and swore under oath that nicotine was not addictive. in 1996, the f.d.a. tried to regulate tobacco products, but the supreme court told them

they needed congress to give them that specific legal authority. and now 13 years later here we are finally giving f.d.a. that authority to regulate the leading preventable cause of death in america. regulating tobacco was the single most important thing that we can do right now to curb this deadly toll. and f.d.a. is the only agency with the right combination of scientific expertise, regulatory experience and public health mission to oversee these products effectively. i'm pleased that the senate acted quickly and sent us back legislation nearly identical to what we passed two months ago with overwhelming support in this house. this legislation will direct f.d.a. to end marketing and sales of tobacco to kids, to stop manufacturers from calling

cigarettes light or less dangerous when they're not and to require changes to what is in a cigarette like toxic ingredients such as formaldehyde, ben zine, radioactive elements and other deadly chemicals. some have objected that this bill is too bill a challenge for an already burdened in fact overburdened f.d.a. i disagree. it's clear to me that f.d.a.'s recent struggles are primarily a result of years of chronic underfunding and a failure of leadership in the last administration. this history does not mean that f.d.a. with a strong and committed leadership it now has cannot take on this critical role of protecting the country against the harm from cigarettes and other tobacco products. it simply means that when we give the agency this new responsibility we must also give it the resources necessary to do the job and to do it

well. we have ensured that this will happen. the tobacco program will be fully funded through new user fees paid for by the industry. that money will go exclusively to the new tobacco center and will be enough for f.d.a. to handle this task well. furthermore, by setting up this system, we have ensured that the new tobacco program will have no impact on other vital programs at f.d.a. in fact, the agency's new commissioner has expressed her enthusiastic support for the bill as a, quote, major advance in protecting the public health. in a recent letter to senator kennedy about this legislation, commissioner hamburg made clear that f.d.a. is eager to begin carrying out its new responsibilities under this law. president obama has also praised this legislation as

both historic and common sense describing it as an integral part of his plan to protect america's children and reform our health care system. it's clear that this administration and f.d.a. itself are more than ready to take this on, and we just need to give them the law that will allow them to begin. in the bill we have provided everything necessary to take this historic step. a comprehensive and flexible set of new authorities and full certain funding. the final ingredients is the political will to do the right thing. for the first time in many we have final -- years we have got that too. it includes over 1,000 medical, public health, faith and community groups from aarp to the american academy of pediatrics. from the southern baptist convention to the islamic

society of north america. it's supported by the american lung association, the american heart association, the american cancer society, the groups that are best situated to understand the damage caused by tobacco and to recognize that a renewed f.d.a. can and must take on this new authority. the diversity of support for this bill shows just how critical it is to all americans. tobacco does not discriminate when it robs people of their health, their productivity and their lives. and that's why we must come together to rob tobacco of its fluence -- influence over americans. finally, i want to note this bill has a number of changes to respond to specific concerns that we've heard. in committee consideration of this bill over the past two years we made changes to ensure fairness and flexibility for convenience stores, tobacco growers and small manufacturers.

we worked with the -- our republican colleagues to incorporate their suggestions. we worked with members of the congressional black caucus to ensure that menthol cigarettes will be an early focus on of -- focus of attention on the agency and that the agencies has the authority to deal with these and other products. i know that the senate also has made changes to further strengthen the bill in response to input from both sides of the aisle. i want to thank my colleague, representative todd plats, for his strong leadership -- todd platts, for his strong leadership on this legislation, as well as representative john dingell and frank pallone for their diligent work in moving this bill forward over the years. i also want to thank representative ed towns and steve lynch and ike skelton, all of whom were critical in getting us to this point, each of these individuals made this possible and produced a great victory for public health. food is a tremendous day. i am proud to be part of this

historic moment when congress finally stands up to big tobacco and stands up for the health of all americans. that is the task before us as we send this bill on to the president of the united states. madam speaker, i wish to reserve the balance of my time. the speaker pro tempore: the gentleman from california reserves his time. the gentleman from indiana is recognized. mr. buyer: i yield myself such time as i may consume. the speaker pro tempore: the gentleman is recognized. mr. buyer: and what is the allotted time? the speaker pro tempore: 30 minutes. mr. buyer: thank you. i'd like to congratulate henry waxman and senator kennedy and others with regard to their tenacity and persistence over the years. what is unfortunate is that we were not able to incorporate harm reduction strategies. it is also unfortunate that we are continuing to place more burdens and responsibilities

upon f.d.a. what i had sought to do is to regulate tobacco. i do not smoke, i don't encourage anyone to smoke. the health risks associated with smoking i believe are -- people recognize them. it's cognizant. tobacco is an adult product. it's legal. and we are faced with this question of moralism versus pramat -- pragmatism. what i sought to do is to choose the pragmatic side of the equation and to incorporate a harm reduction strategy with the abstinence approach in the kennedy-waxman legislation. while the authors of the bill, madam speaker, would say that, well, steve, we have harm

reduction in the bill. well, it is mentioned in the bill but there is a two-tier standard in the bill that has been cleverly written in a manner to be an entry barrier to new innovative tobacco products. and that two-tier standard is, one, first must be achieved at the individual level and then you must achieve the standard at the public at large. and the purpose is truly an entry barrier. now, if we wanted to work together and truly have a new scientific pragmatic approach to improve the public health of our country, we would be doing both. we would be doing abstinence along with harm reduction. you see, that's exactly what henry waxman and others in this body do when it comes to teenage sex. they say, ok, by this body democrats and republicans in

joint we have both. we promote abstinence while we also have policies that promote harm reduction. and our efforts to lower sexually transmitted diseases. with regard to h.i.v., there are needle exchange programs. while we also try to promote abstinence. but all of a sudden now when it comes to tobacco approaches that we take in other forms of public health, whether it's in sanitary, whether it's in sanitary issues or whether it's in teenage sex issues or in h.i.v. issues, all of a sudden we don't want to apply it to tobacco. it is a curious thing for me that we don't want to apply harm reduction strategies to tobacco. so i would say to my good friend, mr. waxman, i think where we are is that you can have your day in the light. you have earned it.