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Senate Proceeding on Jun 4th, 2009 :: 5:53:10 to 6:23:45
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Richard Burr

5:53:10 to 6:23:45( Edit History Discussion )
Speech By: Richard Burr

Richard Burr

5:53:12 to 5:53:32( Edit History Discussion )

Richard Burr: quorum call: the presiding officer: the senator from north carolina. a senator: mr. p unanimous consent to vitiate the quorum call. the presiding officer: without mr. burr: mr. president, i unanimous consent to be recognized for up to 30 minutes. the presiding ficer: is there objection? without objection, so

Richard Burr

5:53:33 to 5:53:54( Edit History Discussion )

Richard Burr: mr. burr: thank you, mr. president. when i yielded the floor to allow senator brown to speak, i was in the process of describing the substitute amendment to the base bill, h.r. 1256. before i go back to that, let me share for

Richard Burr

5:53:55 to 5:54:15( Edit History Discussion )

Richard Burr: response to a letter campaign for tobacco-free kids. they assess the substitute bill, and they provided in a letter to the committee why they found the

Richard Burr

5:54:16 to 5:54:36( Edit History Discussion )

Richard Burr: substitute to be wrong. i let me take on some of the things they raised in that letter. one, they said that the burr-hagan bill would create a new bureauc experience, expertise, and resources to regulate tobacco products. i think i made it

Richard Burr

5:54:37 to 5:54:57( Edit History Discussion )

Richard Burr: clear earlier today that under the current regulatory framework for tobacco every federal agency in the united states has jurisdiction in it except for the food and drug administration. so to suggest that the food and drug administration has the experience or the expertise or

Richard Burr

5:54:58 to 5:55:22( Edit History Discussion )

Richard Burr: the resources to regulate this would just be disingenuous. they have no experience because they haven't been involved in regulation. they do have expertise, but expertise to prove safety and efficacy of products, not to come to the conclusion that a product is unsafe and kills, yet, they're not going to do anything to restrict its access.

Richard Burr

5:55:23 to 5:55:44( Edit History Discussion )

Richard Burr: regulate tobacco products. incorporated in this base bill, 1256, on the tobacco industry o of $700 million over the first three years to fund -- to provide the resources for the f.d.

Richard Burr

5:55:45 to 5:56:06( Edit History Discussion )

Richard Burr: and it doesn't stop there. because they can't hire the folks, they can't set up the regulation until they've got the ability to do the surcharge it requires in putting it in the f.d. with $200 million to fund the initial effort to set up the

Richard Burr

5:56:07 to 5:56:28( Edit History Discussion )

Richard Burr: infrastructure to regulate this product. so, in fact, there were no resources. within 1256 it reyates resources to create the framework to create the personnel to regulate the product that have never regulated the product before. i remind you in the substitute

Richard Burr

5:56:29 to 5:56:54( Edit History Discussion )

Richard Burr: amendment we set up a new harm reduction center under the guidelines of the secretary of health and human within the health and human services, the same place that the f.d.a. is. and when we asked of h.h.s. how much does it take to fund that? they gave us a number of $100 million a year.

Richard Burr

5:56:55 to 5:57:16( Edit History Discussion )

Richard Burr: $700 million for the base 1256, $100 million for this new center of harm reduction. overseen by the same secretary of health and human services. now, granted, i'll be the first to say if agency, the agency for harm reduction, it has not got the expeence or expertise or the

Richard Burr

5:57:17 to 5:57:37( Edit History Discussion )

Richard Burr: resources yet of the but it can sear marketplace to find the individuals and the secretary of h.s. said that $100 million will allow that. so the first complaint, hopefully i disposed of that. second complaint for the

Richard Burr

5:57:38 to 5:57:58( Edit History Discussion )

Richard Burr: campaign for tobacco-free kids for why they the amendment. the burr-hagan bill does not give meaningful change tobacco products. well, mr. president, i do hope somebody from campa

Richard Burr

5:57:59 to 5:58:19( Edit History Discussion )

Richard Burr: is watching. because what the base bill, h.r. 1256, does is it locks in these products, nonfiltered and filtered cigarettes, and legislatively says t f.d.a., you can't do anything with those

Richard Burr

5:58:20 to 5:58:41( Edit History Discussion )

Richard Burr: -- grandfathered. and, as you heard me say, 1256 does not allow these reduced-ri market. to the upon how the legislation is written would basically limit tobacco usage to these two the 95% risky.

Richard Burr

5:58:42 to 5:59:04( Edit History Discussion )

Richard Burr: i misspoke, and let me correct it. because within h.r. 1256 it does state any product sold prior to february 2007 could, in fact, be sold. some, not all, products fall into that category of having been sold prior to

Richard Burr

5:59:05 to 5:59:26( Edit History Discussion )

Richard Burr: february of 2007. february 2007? why was that manning dismal it's very simple. that's the last time is that it's very simple. that's the last time they updated this bill. i'm before 2009, but they weren't careful effective date to cut off when

Richard Burr

5:59:27 to 5:59:47( Edit History Discussion )

Richard Burr: the product is sold. there is nothing magical to february of 2007 except that and if you include u.s. smokeless products in filtered and may hav one manfacturer that controls 70% of the market.

Richard Burr

5:59:48 to 6:00:08( Edit History Discussion )

Richard Burr: because in and forbidden f.d.a. from changing it to basically one company. and you have not a company in the world to participate because if they weren't sold before february 2007, they can't be sold in the future because as i've discussed

Richard Burr

6:00:09 to 6:00:29( Edit History Discussion )

Richard Burr: earlier, to bring a new product to marketplace, you have to make the claim that new nontobacco user would use yet how can you make that claim if the same provisionisallows you from talking to a nontobacco user abouthether they would use the product or not? it is a catch-22. yeah, we create add pathway, but

Richard Burr

6:00:30 to 6:00:51( Edit History Discussion )

Richard Burr: we also designed it in a way that you coun't meet the threshold needed to have an application approved. so, very simple. point two of the burr-hagan bill does not give the f.d.a. meaningful authori to require changes in tobacco products. they are 100% correct.

Richard Burr

6:00:52 to 6:01:13( Edit History Discussion )

Richard Burr: nor does h.r. 1256. as a matter of ft, not only does it not allow for changes, it legislates there can't be changes to products that were sold before 2007. if campaign for tobacco-free kids is trying to reduce risk, the risk of disease and death, and youth use age is, they've

Richard Burr

6:01:14 to 6:01:35( Edit History Discussion )

Richard Burr: supported the wrong bill. the third complaint, the burr-hagan bill will actually harm public health because it perpetuates consumers' misconceptions that they can reduce their risk of disease by switching to so-called low-tar cigarettes. let me say, mr. president, our bill goes fa kennedy-waxman legislation by

Richard Burr

6:01:36 to 6:01:56( Edit History Discussion )

Richard Burr: banning -- banning -- the use of terms like light" or "medium," and bans the use of candy, fruit, or alcohol descript terse, on cigarettes even if not characterizing player. in addition, the risk reduction

Richard Burr

6:01:57 to 6:02:18( Edit History Discussion )

Richard Burr: center is required to establish a relative risk ranking for tobacco and nicotine products annually and disseminate that information to the public. this preems any unsubstantiated lower or reduced risk consumer communications by a tobacco manufacturer. in other words, we will require

Richard Burr

6:02:19 to 6:02:40( Edit History Discussion )

Richard Burr: under 1256 the f.d.a. does not have to inform the public about the relative risk of the products that they regulate. with the american people that if you smoke it is 100% rifnlg if you smoke filtered cigarettes, it is 90% rifnlgt but if in the substitute that's being offered, we actually require the harm

Richard Burr

6:02:41 to 6:03:01( Edit History Discussion )

Richard Burr: reduction center annually to print a list of the products are that are tobacco-related that they regulate. fourth complaint by the campaign for tobacco-free kids: the burr-hagan bill does not strengthen warning labels in a meaningful way.

Richard Burr

6:03:02 to 6:03:23( Edit History Discussion )

Richard Burr: well, actually, our bill incorporates the same warning levels for cigarettes that are contained in the kennedy-waxman legislation and requires that they be placed on the bottom 30% -- 30% -- of a cigarette pack, including senator enzi's graphic warning label language. also, our amendment goes further

Richard Burr

6:03:24 to 6:03:44( Edit History Discussion )

Richard Burr: than 1256 by disclosure of ingredients on the back facing of a packaging. let me state what the claim was. the burr-hagan bill does not strengthen warning labels in a meaningful way. now, the only thing i can think is the campaign for tobacco-free

Richard Burr

6:03:45 to 6:04:06( Edit History Discussion )

Richard Burr: kids either did not read high bill or does not know the difference between identical language in 1256 and the burr-hagan substitute. because the wording is actually the same. in addition to that, we require that the ingredients that are in

Richard Burr

6:04:07 to 6:04:32( Edit History Discussion )

Richard Burr: pack, which i think is beneficial to consumer choice. fifth, the burr-hagan bill does not adequately protect consumers about misleading claims about tobacco products. once again, our bill requires the s in h.r. 1256 for review and approve, for reduce risk claims of tobacco products.

Richard Burr

6:04:33 to 6:04:54( Edit History Discussion )

Richard Burr: furthermore, it requires the harm reduction center to establish and publish a relative risk of tobacco and nicotine products on an annual basis, but unlike kennedy and waxman, this legislation also requires disclosure on individual packs of all ingredients.

Richard Burr

6:04:55 to 6:05:16( Edit History Discussion )

Richard Burr: the last and n complaint by the campaign for -- kikes me, number six, burr-hagan gives the tobacco industry license to market to you. our bill eliminates print advertising. their marketing -- there are marketing prohibitions and

Richard Burr

6:05:17 to 6:05:37( Edit History Discussion )

Richard Burr: restrictions over and above what 1256 does. the last one, the burr-hagan bill gives the an undue influence and creates gridlock on an scientific advisory committee by giving the tobacco industry the same number of votes -- voting representatives as health professionals and scientists. a

Richard Burr

6:05:38 to 6:06:00( Edit History Discussion )

Richard Burr: care experts, four members of the general public, two representatives of the manufacturing, one representative of small tobacco manufacting, one representative of the tobacco growers, one expert on elicit trade of tobacco products -- somehow 14 health care experts,

Richard Burr

6:06:01 to 6:06:23( Edit History Discussion )

Richard Burr: one trade expert can be depicted by the campaign for tobacco-free kids as being the same four tobacco-related members of the advisory board. so clearly 15 without a tie to tobacco, four with a remote tie to

Richard Burr

6:06:24 to 6:06:44( Edit History Discussion )

Richard Burr: tobacco-free kids said by giving the tobacco industry the same number of voting representatives as health care professionals and scientist mr. president, the american people deserve an honest debate. they deserve the information

Richard Burr

6:06:45 to 6:07:06( Edit History Discussion )

Richard Burr: that's set on one side of a bill or another to be factual. i'm not sure how you can look at 15 individuals in one category and four in another and portray for a minute that that's the same number, but that's what campaign for does. if in fact they've misled in the

Richard Burr

6:07:07 to 6:07:27( Edit History Discussion )

Richard Burr: letter to the committee about 1256 in the substitute, what else haven't they told us or what else have they told us that's not accurate? it brings into question that effort and clearly if they support 1256, the effort is not to reduce the risk of death and disease or youth usage of

Richard Burr

6:07:28 to 6:07:49( Edit History Discussion )

Richard Burr: tobacco products. mr. president, can i inquire as to how much time i have left? the presiding officer: the senator from north carolina has 16 minutes remaining. mr. burr: i thank the chair. mr. president, when i ended talking about the substitute, i had held up this can of come he will orbs. and i -- of camel orbs.

Richard Burr

6:07:50 to 6:08:10( Edit History Discussion )

Richard Burr: i had told the members that that was product that was currently rated at about a 1% risk, a reduction from typical nonfiltered cigarettes and a 89% reduction -- my math is a little

Richard Burr

6:08:11 to 6:08:32( Edit History Discussion )

Richard Burr: fuzzy after all the time i've spent on the floor -- 89% reduction from nonfiltered cigarettes. i just want to hold up what a dissolvable tobacco. you don't get lung scwer. you don't get copd. doesn't cause heart disease.

Richard Burr

6:08:33 to 6:08:53( Edit History Discussion )

Richard Burr: 1% risk. but under h.r. 1256, this product is outlawed. why? because it wasn't sold between -- before now, let me say to my colleagues, if the intent of passing federal regulation over tobacco industry -- and i'm supportive of it -- is to reduce

Richard Burr

6:08:54 to 6:09:14( Edit History Discussion )

Richard Burr: death and disease, why would you exclude a product that has a 1% risk but grandfather in products that have a 100% likelihood of killing you? even if you're not whether it's in the f.d.a. or whether it's in the harm reduction center, how in the world can a member of the united

Richard Burr

6:09:15 to 6:09:36( Edit History Discussion )

Richard Burr: states senate say that it's okay to eliminate the ability for an adult to choose to use this and to be locked in to a certain death? we're supposed to pass policy that makes sense that works for

Richard Burr

6:09:37 to 6:09:57( Edit History Discussion )

Richard Burr: the american people, that actually does reduce the risk of death, of when you lock them into the highest risk and likelihood of death, you haven't fulfilled that. when you don't require states to use the money that they were

Richard Burr

6:09:58 to 6:10:18( Edit History Discussion )

Richard Burr: given for how can you expect that you're going to reduce youth usage? when you see that 48 states have a higher prevalence of marijuana use among youth than they do above tobacco, how can you conclude that just by giving the f.d.a. the jurisdiction to

Richard Burr

6:10:19 to 6:10:39( Edit History Discussion )

Richard Burr: regulate tobacco that somehow that means you're going to have a reduction in youth usage. it's just not going to havment the american association of public health physicians states that this product orbs are the most effective way to fight death, disease associated with current tobacco users.

Richard Burr

6:10:40 to 6:11:01( Edit History Discussion )

Richard Burr: let me state at that again. the american association of public health physicians states that these are the best tool we have to get people to quit smoking. as a matter of fact, i'm proud to association of public health physicians yesterday endorsed the substitute amendment and not

Richard Burr

6:11:02 to 6:11:27( Edit History Discussion )

Richard Burr: the base bill. because they recognize the base bill does nothing but provide a death. just so i'm clear, mr. president mr. president, under thease bill, h.r. 1256, marlboro is

Richard Burr

6:11:28 to 6:11:48( Edit History Discussion )

Richard Burr: cemented on the retail shelf. camel orbs that and disease related to tobacco use is band, can't be sold. swedish snus -- it wasn't on the market before february

Richard Burr

6:11:49 to 6:12:11( Edit History Discussion )

Richard Burr: marlboros are on the shelf. snus? it's banned. even though the earlier -- durin years, swedish m notable reductions in smoking-related disease, decline in lung cancer incidence

Richard Burr

6:12:12 to 6:12:32( Edit History Discussion )

Richard Burr: rate developed nation, increase in oral improvement in cardiovascula health, mortality in sweden is among the lowest in the developed world.

Richard Burr

6:12:33 to 6:12:54( Edit History Discussion )

Richard Burr: but in our infine wisdom in this austere body, we're getting ready to pass a bill that takes a product that sweden used to get people off of cigarettes, that sweden used to reduce lung cancer, that sweden used to bring down cardiovascular disease, that sweden used to

Richard Burr

6:12:55 to 6:13:15( Edit History Discussion )

Richard Burr: reduce mortality by tobacco products, and we're going eliminate it. and we're going to lock them into everything sweden is going to try to think about it. for god's sakes, once you pass

Richard Burr

6:13:16 to 6:13:40( Edit History Discussion )

Richard Burr: this, it's too late. mr. president, current cessation programs don't i said earlier, those products have a 95% failure rate. givenurrent smokers an opportunity to migrate to a less harmful health initiative, not creating

Richard Burr

6:13:41 to 6:14:03( Edit History Discussion )

Richard Burr: a pathway to reduced harmful products. it is not a public health bill. but those products are banned in h.r. 1256. senator hagan's and my amendment allow these products to be marketed and regulated. marketed and regulated. marketed and regulated correctly.

Richard Burr

6:14:04 to 6:14:24( Edit History Discussion )

Richard Burr: our amendment establishes the tobacco harm reductio center within the office of health and human services. we provide the harm reduction center with the regulatory authority to better protect our children from tobacco use and to significantly increase the public health benefits of tobacco regulation.

Richard Burr

6:14:25 to 6:14:45( Edit History Discussion )

Richard Burr: we require tobacco manufacturers to publish ingredients of products. we require the harm reduction center to rank tobacco products according to their risk of death and disease. -- risk and disease aociated with each type of tobacco product in order to inform the

Richard Burr

6:14:46 to 6:15:06( Edit History Discussion )

Richard Burr: american public more fully about the risk and harm of tobacco products. we ban candy in cigarettes and give the harm reduction center the authority to reduce smoking articles and adjust accordingly if the best interests -- in what

Richard Burr

6:15:07 to 6:15:27( Edit History Discussion )

Richard Burr: is the best interest of public health. what we don't do is give an already responsibility to regulate tobacco. now we've had a change in administrations but as supportive as i am of the new

Richard Burr

6:15:28 to 6:15:48( Edit History Discussion )

Richard Burr: commissioner of the f.d.a. f.d.a., job, let me turn to the commissioner of the f.d.a., two years ago. he gave his opinion on the possibility of f.d.a. for tobacco. "the provisions in this big,"

Richard Burr

6:15:49 to 6:16:09( Edit History Discussion )

Richard Burr: and you might say, gosh, there was two i've alr case that most of w bill was written 10 years ago, even some of the deadlines that are in the bill hav changed since the bill was updated two years ago so i think it's very credible to use the

Richard Burr

6:16:10 to 6:16:30( Edit History Discussion )

Richard Burr: comments of the former f.d.a. commissioner two years ago. "the provisions in this bill would require substantial resources and f.d.a. may in a position to meet all the activities within the proposes user fee consequence of this f.d.a. may have to divert funds from its other proams, such as addresng the safety of drugs

Richard Burr

6:16:31 to 6:16:51( Edit History Discussion )

Richard Burr: and food, to begin implementing this program." all of a sudden we're right back where i why in the world would we jeopardize the gold administration, t agency provides the confidence to every consumer in the country that when they get hope at night

Richard Burr

6:16:52 to 6:17:16( Edit History Discussion )

Richard Burr: after filled that they don't have to worry about whether it's saf when they go to the doctor or the hospital and they're going to use going to use s in the back room that nobody it had the gold seal of approval of drug administration.

Richard Burr

6:17:17 to 6:17:38( Edit History Discussion )

Richard Burr: that created that didn't exist 10 years ago and we could be certain the f.d.a. looked at the new product and approved it for use in humans; that to buy food our food would be safe. do we really want to jeopardize the f.d.a. having to divert

Richard Burr

6:17:39 to 6:17:59( Edit History Discussion )

Richard Burr: funds from food safety right now when we've had americans that have been killed? to we really want a the f.d.a. whose gold standard is to prove safety and efficacy on all the products the regulate except for tobacco, lower their guard and let something through that didn't meet the threshhold of safe

Richard Burr

6:18:00 to 6:18:21( Edit History Discussion )

Richard Burr: effective? i'm not sure that's in the best interests of america. i'm not sure it's in the best interests of the american people. my colleague from connecticut ca food and drug administration is the only agency experience, the expertise, and

Richard Burr

6:18:22 to 6:18:43( Edit History Discussion )

Richard Burr: the commissioner of the food and drug administration said, i don't havehe if you give this to me i might have to divert funds from other programs. as a matter of fact, they would have to divert people from applying -- from reviewing the

Richard Burr

6:18:44 to 6:19:06( Edit History Discussion )

Richard Burr: applications biologics. it could be that somebody waiting before the therapy is available because we had to divert funds or people to take care regulating a product the f.d.a. had never

Richard Burr

6:19:07 to 6:19:27( Edit History Discussion )

Richard Burr: commissioners of the f.d.a. told i'm not sure h this. i said when i star started on monday this was an uphil the deck was stacked against me. i understood the threshhold was to come to the senate floor and to spend as much

Richard Burr

6:19:28 to 6:19:51( Edit History Discussion )

Richard Burr: to convince my colleagues, republican independent, that this was not a bill where one party trumped the other. senator hagan's a a republican. we've come to the floor passionately with our substitute

Richard Burr

6:19:52 to 6:20:13( Edit History Discussion )

Richard Burr: amendment because we think it trumps h.r. 1256 from a policy standpoint. the american people expect us to pass the right policy, not "any" policy. if the f.d.a. is not the appropriate place american people expect us to find

Richard Burr

6:20:14 to 6:20:36( Edit History Discussion )

Richard Burr: the threshhold of regulation but doesn't encumber the gold standard of an agency that we're i'm hopeful we're going to have a vote this afternoon on the substitute. it will be next base bill is voted on.

Richard Burr

6:20:37 to 6:20:59( Edit History Discussion )

Richard Burr: let me say to my colleagues, you're only going to have one opportunity to change this bill. that one opportunity is to vote for the substitute amendment. and if you vote for the substitute amendment, you're going to vote for a bill that actually reduces the riskf

Richard Burr

6:21:00 to 6:21:21( Edit History Discussion )

Richard Burr: death choose, adults who choose, to use tobacco products. if you vote for the substitute you're actually going to vote for a bill that actually reduces youth usage in a real way. if you pass on support of the substitute -- and it will be a

Richard Burr

6:21:22 to 6:21:42( Edit History Discussion )

Richard Burr: close vote -- if you pass supporting it, you're going to have to live with what you do to the f.d.a. you're going to have to live with the consequences. when i came to the congress, the house of representatives, in 1995, i was given the task of modernizing the food and drug administration. we opened up the food and drug

Richard Burr

6:21:43 to 6:22:04( Edit History Discussion )

Richard Burr: administration in its entirety. it took 2 1/2 years to produce a bill. it was a bipartisan bill. as a matter of fact, i think in the united states senate and the house it passed by a voice vote. why did it take 2 1/2 years and two congresses? because we understand, we understood at that time the delicacy of what we were attempting to do.

Richard Burr

6:22:05 to 6:22:27( Edit History Discussion )

Richard Burr: we were attempting to modernize the agency and to maintain the gold standard. at the end of the day no member of the house or the senate offered an amendment to give the f.d.a. jurisdiction over tobacco. and in 1998 that bill bill law. -- that bill became law. every member knew

Richard Burr

6:22:28 to 6:22:48( Edit History Discussion )

Richard Burr: worth of risk of giving them the responsibility of tobacco after spending 2 1/2 years to protect the gold standard. we're not that forgotful. don't forget our commitment to make sure the gold standard of the f.d.a. is intact. don't jeopardize it by giving them tobacco. don't let our kids be sold short by producing a bill that doesn't

Richard Burr

6:22:49 to 6:23:10( Edit History Discussion )

Richard Burr: do the education they need to do the education so they never pick up a tacco product. don't lock the to use risky products, give them an opportunity to have less harmful products. that can be

Richard Burr

6:23:11 to 6:23:34( Edit History Discussion )

Richard Burr: that can only be done if members of the united states senate vote to support the substitute. it does it does preserve the core mission of the f.d.a. it d disease. mr. president, i yield the

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