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Senate Proceeding on Jun 4th, 2009 :: 5:08:55 to 5:38:05
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Richard Burr

5:08:42 to 5:09:03( Edit History Discussion )

Richard Burr: quorum call: mr. burr: mr. president, i ask unanimous consent to vitiate the quorum call. the presiding officerwithout objection, so ordered. mr. burr: i also ask unanimous consent that the senate be in morning permitted to speak for ten

Richard Burr

5:08:55 to 5:38:05( Edit History Discussion )
Speech By: Richard Burr

Richard Burr

5:09:04 to 5:09:27( Edit History Discussion )

Richard Burr: the presiding officer: without objectio mr. burr: mr. president, i ask unanimous consent to be cognized for 30 the presiding of objection, so ordered. mr. burr: mr. president, we're desperately working to try to make sure that we can move to amendments on h.r. 1256, a bill

Richard Burr

5:09:28 to 5:09:50( Edit History Discussion )

Richard Burr: that attempts to regulatory responsibility f tobacco products under the f.d.a. mr. president, this is being sold as i've been now to the floor for over three and a half balance of this week sug

Richard Burr

5:09:51 to 5:10:13( Edit History Discussion )

Richard Burr: that it doesn't meet that threshold. and that at some point today i would have the opportunity, along with senator hagan, my colleague, to give in some detail what's in the amendment. i'm going to attempt to do that now, even though we haven't moved to the the other pending amendments. let me start with a chart that i

Richard Burr

5:10:14 to 5:10:35( Edit History Discussion )

Richard Burr: have used e the reason that i make the claim this is not a public health bill, because that shows the continuum of risk of tobacco products, and it starts on my right, your left with nonfiltered cigarettes. and the baseline that we use is that's 100% risky.

Richard Burr

5:10:36 to 5:10:56( Edit History Discussion )

Richard Burr: and the industry at some point, probably before i was born, all of a sudden created a filter that went on the end of a nonftered cigarette. because of that filter, it eliminated, it removed some of the constituencies of the come pwuplgs of tobacco and that made

Richard Burr

5:10:57 to 5:11:17( Edit History Discussion )

Richard Burr: it 1 less risky. then in the 1990's we have a new except in test markets, and it was a tobacco heating cigarette where it didn't actually burn tobacco. it heated the tobacco, extracted the nicotine, del nicotine in the system but never

Richard Burr

5:11:18 to 5:11:38( Edit History Discussion )

Richard Burr: produced smoke. that product was considered to be about 45% risky. but clearly, a reduction at the time of 45%. now all of a sudden in the past 12 months, 18 a new product called the no tobacco is burned.

Richard Burr

5:11:39 to 5:12:00( Edit History Discussion )

Richard Burr: it's a fairly expensive product. it's popular outside of the united not as popular, not as readily available in the united states. but that electronic product that has a cartridge that you replace, actually brought the risk level dow some might be catching on. as we've introduced new products, we've brought the risk

Richard Burr

5:12:01 to 5:12:21( Edit History Discussion )

Richard Burr: down, the health risk, the risk of disease, of now we're over here to u.s. smokeless tobacco, a product that most americans understand. it's not the old parents with. it is ground tobacco, and all of

Richard Burr

5:12:22 to 5:12:43( Edit History Discussion )

Richard Burr: a sudden we realized that we reduceeven further the h risk. it's now down at the level, 90% below where we started dades ago with unfiltered cigarette. in the past year something i refer to as swedish smokeless.

Richard Burr

5:12:44 to 5:13:04( Edit History Discussion )

Richard Burr: it's now on thearket and it's sold and pasteurized and it's spitless. and it wasn't something that the united states or u.s. tobacco companies created. it's something that the swedes created. and is how the swedes hav used this product and other innovative products, other new products on

Richard Burr

5:13:05 to 5:13:26( Edit History Discussion )

Richard Burr: the marketplace to move from very risky products to less risky products, and in the case of swedish snuse you see a risk

Richard Burr

5:13:27 to 5:13:47( Edit History Discussion )

Richard Burr: of maybe 10%. and then a dissolvable tobacco product, one that was covered under cnn as a candy, one that still meets the age requirements of -- and proof of i.d. for somebody to purase, but magnify cnn's report, they

Richard Burr

5:13:48 to 5:14:08( Edit History Discussion )

Richard Burr: actu the candy section next to reese's cups and gums and underage person come up and take one as cnn even t the standpoint of a story. but this is the product. this is the product. some have come to the floorf the senate and said it looks

Richard Burr

5:14:09 to 5:14:31( Edit History Discussion )

Richard Burr: like a cell i'm not sure -- it doesn't look like my cell phone. maybe it looks like cell phone, but not mine. it's not a product that's accessible for anybody who doesn't produce an i.d. and doesn't meet the minimum age requirements of that state.

Richard Burr

5:14:32 to 5:14:52( Edit History Discussion )

Richard Burr: risk, about 1% or 2%. we're ac -- actually getting innovative. gums, negligible. the bill that is considered the

Richard Burr

5:14:53 to 5:15:15( Edit History Discussion )

Richard Burr: base categories right here. nonfiltered cigarettes and filtered cigarettes, and locks them in forever. the legislation says to the f.d.a., you cannot chang categories. unless you find some specific thing that would cause

Richard Burr

5:15:16 to 5:15:38( Edit History Discussion )

Richard Burr: you it forbids the f.d.a. and 1256, even though it creates a pathway to less harmful products, it's a pathway that can't be met because one of the conditions of new products entering the marketplace is you have to prove that people don't today use tobco

Richard Burr

5:15:39 to 5:15:59( Edit History Discussion )

Richard Burr: be enticed to use these products but it also says in 1256 that you can't communicate with anybody in the public unless you've got a product that's approved. so i ask you, mr. president, how do you meet the threshold of proving that somebody that doesn't use tobacco products is

Richard Burr

5:16:00 to 5:16:21( Edit History Discussion )

Richard Burr: not going to use this product if you can't until you get the product approved by the f.d.a. i've come to the conclusion since nobody who is a cosponsor or up with an answer to me, that it can't be done. so to cl public health bill, one would have to make a reasonable cla

Richard Burr

5:16:22 to 5:16:43( Edit History Discussion )

Richard Burr: that these products are going to be available and maybe potentially products in the but what h.r. 1256 does is it cuts off the availablity of products right here and it says on this side of the line we've constructed a pathway that nothing i don't believe that you can make a genuine claim that this

Richard Burr

5:16:44 to 5:17:04( Edit History Discussion )

Richard Burr: is a publi health bill when you have locked every user into the 90% or 100% senator hagan and i have presented a substitute amendment. that substitute amendment, i believe, will be voted on about

Richard Burr

5:17:05 to 5:17:25( Edit History Discussion )

Richard Burr: 4:30 today if things g according to schedule. and i think it's absolutely essential that the members of the united st to their staffs who have read the bill, read the substitute amendment, listened to the debate. because i know there are a lot of things that go on during the

Richard Burr

5:17:26 to 5:17:46( Edit History Discussion )

Richard Burr: day and it just doesn't require -- doesn't allow a member of the united states senate to sit down and listen to what richard burr is going to say. hopefully the staff has looked at the statistics i presented, looked at the facts i brought to the table, looked at the claims that i've made and understand that i'm right.

Richard Burr

5:17:47 to 5:18:11( Edit History Discussion )

Richard Burr: 1256 is not a public health bill. the substitute does allow this to and we allow it to happen because the substitute doesn't concentrate regulation in the food and drug administration, an agency by their mission statement is required to prove

Richard Burr

5:18:12 to 5:18:32( Edit History Discussion )

Richard Burr: efficacy, pharmaceuticals, biologics, medical devices, food safety, cosmeti emit radiation. that's the world of the f.d.a. they regulate 25 cents of every dollar of the u.s. economy. they are the gold standard for every american when t prescripon and they go home to take that, they never wonder whether it's safe or

Richard Burr

5:18:33 to 5:18:53( Edit History Discussion )

Richard Burr: will work. because the gold standard in the world is the food and drug administration. that when they go to a doctor's office and they get ready to use a device on them, they don't question whether that device was something that the doctor made in a back room. they know that device was approved by the food and drug administration. up until recently they had every

Richard Burr

5:18:54 to 5:19:14( Edit History Discussion )

Richard Burr: assurance when they went and contaminated, that it wouldn't hurt the wouldn't kill them. but, as we know over the past several years, we've had things that have slipped through and americans have died. and the food and drug administration is today to make sure that, in

Richard Burr

5:19:15 to 5:19:35( Edit History Discussion )

Richard Burr: fact, the regulation that they've got in place. so what i'm colleagues is don't concentrate this regulation at the food and drug administration. don't jeopardize the gold standard. employees there work there with

Richard Burr

5:19:36 to 5:19:56( Edit History Discussion )

Richard Burr: a it doesn't pace safety and efficacy, it does -- does not pass safety and efficacy, it does not receive a f.d.a. let me say it like i said it a couple of hours ago, mr. president, tobacco products are not safe. tobacco products cause disease and death.

Richard Burr

5:19:57 to 5:20:17( Edit History Discussion )

Richard Burr: there is no way that and drug administration on their current mission statement can regulate a prove safe and effective. if you try to put a square peg in a round reviewers at the food and drug administration that say, you

Richard Burr

5:20:18 to 5:20:38( Edit History Discussion )

Richard Burr: know, the gold standard is no longer important, because congress has legislated that it's not important. if i turn my head on tobacco products, i can turn my head on this medical device, because it doesn't look like it's going to be dangerous, what? all of a sudden something will slip through the crack. we're going to have a

Richard Burr

5:20:39 to 5:20:59( Edit History Discussion )

Richard Burr: pharmaceutical product that will do damage, a device that will do damage because we have lowered the threshold that every product must meet to get f.d.a.'s approval. i'm not

Richard Burr

5:21:00 to 5:21:23( Edit History Discussion )

Richard Burr: f.d.a. to do nothing. we need to reduce death an disease and reduce youth usage of exactly what senator hagan's and my substitute ament does. it is designed to keep kids from smoking. but you c smoking if you're not willing to limit advertising.

Richard Burr

5:21:24 to 5:21:45( Edit History Discussion )

Richard Burr: in the base bill, h.r. 1256, they limit print advertising to black and white. in the substitute amendment we eliminate print advertising. let me say that again. in the current base bill that's being considered, they restrict print adveising to black and white only. in the substitute amendment, we

Richard Burr

5:21:46 to 5:22:07( Edit History Discussion )

Richard Burr: eliminate the advertising. the substitute amendment is actually tougher on than is the base bill. specifically senator hagan and my amendment bans outdoor advertising, youth organize the

Richard Burr

5:22:08 to 5:22:29( Edit History Discussion )

Richard Burr: sponsorships, sponsorship of events that youth attend and many other provisions designed to limit children's exposure to tobacco our amendment does not stop at print advertising. my amendment codifies youth marketing restrictions contained in the master

Richard Burr

5:22:30 to 5:22:51( Edit History Discussion )

Richard Burr: settlement agreement of 1998 and makes it a crime for underaged youth to possess tobacco products. let me say that again. in 1998 all of the tobacco companies got together responding to state concerns that health care costs were out of control and tobacco contributed to it.

Richard Burr

5:22:52 to 5:23:16( Edit History Discussion )

Richard Burr: and they provided $280 billion to all 50 states for two things, cost-share of their health and so they could create programs -- cessation programs to get people to quit. i covered in great detail over the last couple of days that

Richard Burr

5:23:17 to 5:23:37( Edit History Discussion )

Richard Burr: even with this one state only spent of their total money, of the amount of m was an cessation programs. there was nobody, hit 100%.

Richard Burr

5:23:38 to 5:24:00( Edit History Discussion )

Richard Burr: there were some that deserved gold medals for the fact that they were i pointed out one yesterday i'll point it out again, the state of ohio, it's a large state. the state of ohio of the c.d.c. recommended amount that ohio devote it to cessation programs,

Richard Burr

5:24:01 to 5:24:21( Edit History Discussion )

Richard Burr: ohio spent 9% of what the c.d.c. recommendation was. when you wonder that we're not doing better at moving people off of cigarettes to other products getting them to quit all together. it's because the effort that we made through education has been pitiful. as a matter of fact 21.6%

Richard Burr

5:24:22 to 5:24:42( Edit History Discussion )

Richard Burr: youth in ohio to smoke. 45% have a prevalence to alcohol. 17.7% have a prevalence to smoke marijuana. yet some come to the floor and claim if we just give this to the f.d.a., youth smoking, youth usage is going to go away.

Richard Burr

5:24:43 to 5:25:04( Edit History Discussion )

Richard Burr: if that -- if even partially correct, the marijuana usage would be zero. beuse it is illegal. there's no age limit. well, mr. president, some will claim that we don't address labeling.

Richard Burr

5:25:05 to 5:25:26( Edit History Discussion )

Richard Burr: we address labeling on packages of cigarettes to discourage chilen from even looking at them. we require warning levels on the front and the back of packs. we require labels that show graphic lung cancer and mouth cancer and other pictures to deter kids from smoking.

Richard Burr

5:25:27 to 5:25:47( Edit History Discussion )

Richard Burr: as my colleagues can see, keeping kids from tobacco advertising is a key component to the burr-hagan substitute amendment. compare that with bill and you won't see commitment to limit advertising that children will see. the underlying bill contains graphic warning labels, but

Richard Burr

5:25:48 to 5:26:08( Edit History Discussion )

Richard Burr: doesn't limit print advertising. tobacco companies would still be able to advertise in magazines such as "people," "u.s. weekly" and "glamour," clearly by their parents and accessed by their kids and see the ads.

Richard Burr

5:26:09 to 5:26:30( Edit History Discussion )

Richard Burr: maybe in some weird way of the bill that children can't read black and white, that they can only read color, and that's why they chose to limit it to only black and white advertising. the only stipulation is that the ads would b in black and white. we can do better. we can absolutely do better than this. keeping children from using tobacco products must be the

Richard Burr

5:26:31 to 5:26:52( Edit History Discussion )

Richard Burr: first accomplishment of federal regulation. senator hagan's and my amendment accomplishes that goal with a two prong attack. first our amendment encourages states to use more of their m.s.a. payments on cessation, putting billions of dollars into the effort. in the last 10 years states used just 2.3% of their tobacco

Richard Burr

5:26:53 to 5:27:18( Edit History Discussion )

Richard Burr: generated money for tobacco prevention an cessation and in 2009 no state is prevention levels at c.d.c. levels 678 our amendment would require states to comply with the c.d.c. recommended spending levels on tobacco cessation levels. it would no longer be tolerable

Richard Burr

5:27:20 to 5:27:42( Edit History Discussion )

Richard Burr: instead of spending c.d.c., ohio would be required to spendhat the c.d.c. says need to be spent to successfully make sure that our nation's children were given the message that the use of tob

Richard Burr

5:27:43 to 5:28:04( Edit History Discussion )

Richard Burr: products is not an sang add van thing. unfortunately, mr. the underlying bill, h.r. 1256, contains no even though the bill requires the manufacturers to pay up t

Richard Burr

5:28:05 to 5:28:25( Edit History Discussion )

Richard Burr: to $700 million a year, it contains no cessation program. again, how can you call this a public health bill? how can you suggest that this is going to reduce the death or disease. how can you make the claim that you're going to reduce youth

Richard Burr

5:28:26 to 5:28:49( Edit History Discussion )

Richard Burr: usage when there's no commitment, no requirement to cessation? current smokers who are unable and unwilling to quit by acknowledging a continuum of risk of tobacco products. exactly what i showed you here. more specifically our amendment does not preclude reduced

Richard Burr

5:28:50 to 5:29:11( Edit History Discussion )

Richard Burr: products from entering the marketplace. this piece here, they like this end, we pull this, the 90%, to less harmful products. because the objective in this bill should be to reduce death an disease. -- and disease. there's a great debate under way

Richard Burr

5:29:12 to 5:29:33( Edit History Discussion )

Richard Burr: in the academic world on tobacco control. some advocate abolishment of tobacco. straight abolishment is hard to unintended consequences such as il that. since abolishment is not an elective solution,he question

Richard Burr

5:29:34 to 5:29:54( Edit History Discussion )

Richard Burr: remains: how do we an disease rates associated with smoking? nicotine therapy has proven to be a failure. the n.i.h. states that patches are a 95% failure rate. they fail because smokers don't physically use these products like they do cigarettes. they're marketed poorly, aren't

Richard Burr

5:29:55 to 5:30:16( Edit History Discussion )

Richard Burr: designed to be a long-term solution. under h.r. 1256, the base bill, that trend continues. also 1256 does not give manufacturers of nicotine products the regulatory framework needed to market and enhance smoking replacement products appropriately. since we've scratched

Richard Burr

5:30:17 to 5:30:38( Edit History Discussion )

Richard Burr: nicotine therapy products and abolishment as an effective means to stop smoking that leaves us with few options. the most promising federal government can help perpetuate to reduce death and disease associated with smoking is smokeless tobacco products. until recently the academic

Richard Burr

5:30:39 to 5:31:00( Edit History Discussion )

Richard Burr: community resisted the fact that smokeless products could aid in tobacco harm reduction. skeptics, man of whom helped to write stated smokeless tobacco products are a gateway product that will lead to more children smoking. mr. president, experience and data shows differently. over the last 20 years, sweden's

Richard Burr

5:31:01 to 5:31:22( Edit History Discussion )

Richard Burr: allowed tobacco manufacturers to promote low snus, tobao product as an alternative to smoking. this is from the royal college of quote -- "in sweden, the available low-harm smokeless products have been shown to be

Richard Burr

5:31:23 to 5:31:44( Edit History Discussion )

Richard Burr: an acceptable substitute for cigarettes to many smokers. while gateway progressions from the relatively uncommon." you get where i'm going? the data's out never dreamed we would use

Richard Burr

5:31:45 to 5:32:05( Edit History Discussion )

Richard Burr: sweden as an the united states would go. but when the focus is on how reduce risk, the risk o disease and of what that was. they weren't clouded by the introduction of new tobacco products and just a

Richard Burr

5:32:06 to 5:32:27( Edit History Discussion )

Richard Burr: effort to lock in what they experimented and fou products that would actually entice smokers to the claim that in some way, products that they will take nonsmokers and turn them into smokers.

Richard Burr

5:32:28 to 5:32:51( Edit History Discussion )

Richard Burr: well, from the royal college of physicians in 2007, relatively uncommon. no statistic is perfect, and sure that there are some that might have made a decision to use one of these pducts.

Richard Burr

5:32:54 to 5:33:17( Edit History Discussion )

Richard Burr: but as you it, the risk of that swedish it was there was no risk of heart disease, things these products over here that the

Richard Burr

5:33:18 to 5:33:38( Edit History Discussion )

Richard Burr: as a matter of fact, mr. president, let me bring this chart up. harm reduction. smokers,

Richard Burr

5:33:39 to 5:34:02( Edit History Discussion )

Richard Burr: the question we have to ask is do we want people to be smokers? do we want them to be quitters? or do we want them to be switchers? because this graph clearly shows you that quite

Richard Burr

5:34:03 to 5:34:24( Edit History Discussion )

Richard Burr: in relation to smokers. every member will have to ask themselves when they get ready to decide what they're going to do on this legistion is do we want the american people to be smokers? do we want them to be quitters? or do we want them to be switchers. and if the answer is you w them to be quitters or switchers, then support the substitute bill, the

Richard Burr

5:34:25 to 5:34:46( Edit History Discussion )

Richard Burr: burr-hagan substitute. because the base bill, 1256, does not create any effort to have quitters or switchers. all it does is lock in smokers. and if the bill's intent is to reduce the disease, common sense tells you

Richard Burr

5:34:47 to 5:35:07( Edit History Discussion )

Richard Burr: without creating quitters and switchers, we're not going to do a very good job risk of death and mr. president, how much time do

Richard Burr

5:35:08 to 5:35:28( Edit History Discussion )

Richard Burr: i have the presiding officer: the senator has 4 minutes remaining of the 30 minutes granted. mr. burr: i thank the president. mr. president, you see the chart behind i'll be honest with you, i don't kn i've been told it is a very

Richard Burr

5:35:29 to 5:35:49( Edit History Discussion )

Richard Burr: reputable health pub but let me quote it. "we believe the absence of effective harm reduction strategies for smokers is perverse, unjust, and acts against the rights and the best interests of smokers and public health." a

Richard Burr

5:35:50 to 5:36:10( Edit History Discussion )

Richard Burr: that bas of effective harm reduction strategies acts against the rights and public health. but the effective harm reduction

Richard Burr

5:36:11 to 5:36:32( Edit History Discussion )

Richard Burr: strategy, no pathway to reduction products. but they claim to be a public health bill. a health care that it's perverse. it's unjust. well, they said it. i didn't.

Richard Burr

5:36:33 to 5:36:54( Edit History Discussion )

Richard Burr: but i think what they mean is that to consider passing h.r. 1256 with the knowledge that's been given would opportunity to talk fully at this time because i've got a coll floor.

Richard Burr

5:36:55 to 5:37:15( Edit History Discussion )

Richard Burr: but, mr. president, let me say i talked earlier about camel orbs and the way that cnn portrayed this product as candy and staged a news event -- well, news would be -- let's say e event by taking this from behind the counter of a convenience store and putting it in the

Richard Burr

5:37:16 to 5:37:36( Edit History Discussion )

Richard Burr: candy section and h go up and of the rack to say candy. oeurbs represents a 99% -- represents a 99% reduction in death and disease associated with i ask my colleagues if the

Richard Burr

5:37:37 to 5:37:59( Edit History Discussion )

Richard Burr: objective of federal legislation is to reduce the risk of death and disease, and nonfiltered cigarettes are 100% and filtered cigarettes are 90% 1%, isn't

Richard Burr

5:38:00 to 5:38:06( Edit History Discussion )

Richard Burr: not to allow the american consumer to have this product to switch from cigarettes?

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