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Senate Proceeding 06-09-09 on Jun 9th, 2009 :: 0:59:45 to 1:25:10
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Richard Burr

0:59:42 to 1:00:02( Edit History Discussion )

Richard Burr: reduce smoking. and clearly the centers disease control says if you do nothing, it goes to this point; and the congressional budget office after looking at the bill suggests it's 2 scrierks o% or 4% higher if now, why is that?

Richard Burr

0:59:45 to 1:25:10( Edit History Discussion )
Speech By: Richard Burr

Richard Burr

1:00:03 to 1:00:24( Edit History Discussion )

Richard Burr: how could it possibly be higher if you pass legislation that's supposed to fix it? well, mr. president, it's for that reason: h. it is not a public health bill. it is a bill that locks in the

Richard Burr

1:00:25 to 1:00:46( Edit History Discussion )

Richard Burr: most risky products and grandfathers them to the food and drug administration and allows no pathway for reduced harm products to come to market. it actually takes some reduced harm produ on the market but haven't been sold since therefore, they're gone.

Richard Burr

1:00:47 to 1:01:08( Edit History Discussion )

Richard Burr: there's no ability for the f.d.a. to look at this product and say, my gosh, in the name of public health, let's keep this product on the market, because the united states senate legislatively is telling the f.d.a. what to do. we put

Richard Burr

1:01:09 to 1:01:29( Edit History Discussion )

Richard Burr: congress believes they can fix it, then why haven't they it up until now? if writing a bill legislates how to fix it would work, why haven't we done it? well, i would contend that all i have to do is go to this of 50 states and for the majority of the states, the

Richard Burr

1:01:30 to 1:01:54( Edit History Discussion )

Richard Burr: prevalence of marijuana usage being higher than the prevalence of youth smoking, tells you there's no regulatory body that can eliminate the usage of an illegal product by those that choose to unless -- it's education.

Richard Burr

1:01:55 to 1:02:16( Edit History Discussion )

Richard Burr: there is no education in h.r. 12 1256. let me say it again: there is no education in h.r. 1256. if the goal is to risk of death and disease and education is the accomplish that, if the

Richard Burr

1:02:17 to 1:02:37( Edit History Discussion )

Richard Burr: to reduce youth prevalence of sm accomplish that is education, then i ask the the floor, show me where the education is in f.d.a. regulation. well, i'm on day five, now, i was her for a short period of

Richard Burr

1:02:38 to 1:02:58( Edit History Discussion )

Richard Burr: time last monday but i didn't make it yesterday. i'm on day six yet to have anybody come to the floor one, ask the question, refute anything i've said, question the facts that i've produced. why? because i'm using the same agencies that most members come to the floor

Richard Burr

1:02:59 to 1:03:19( Edit History Discussion )

Richard Burr: the centers for disease control, the congressional budget office, it's hard if you tell me they're wrong, that they're not reputable entities within the federal government and turn and next week and bring your own statistics down here using the

Richard Burr

1:03:20 to 1:03:42( Edit History Discussion )

Richard Burr: things we use as a gauge. one can questio royal college of physicians came to quote -- "in sweden, the available low-harm smokeless products have been shown to be an acceptable substitute for cigarettes to many while 'gay smokeless to smoking is

Richard Burr

1:03:43 to 1:04:05( Edit History Discussion )

Richard Burr: relatively unc let me say that gateway progression from smokeless to smoking relatively uncommon," because some authors of 1256 say, my products come to the marketplace this will create a gateway to yout

Richard Burr

1:04:06 to 1:04:27( Edit History Discussion )

Richard Burr: that will eventually into read the substitute the subbill reduced harm center to actually list for most risky tobacco products and

Richard Burr

1:04:28 to 1:04:48( Edit History Discussion )

Richard Burr: the least the bill that consolidates all this jurisdiction for tobacco within the food and drug administration doe require the food and drug administration to risky products. why? because those are the ones we grandfathered. we've said they can't touch

Richard Burr

1:04:49 to 1:05:09( Edit History Discussion )

Richard Burr: them. compassion would tell you that if you want people to switch from you've got to give them a tool to get there but is the future will consist of no new tools. only those were on the market before

Richard Burr

1:05:10 to 1:05:30( Edit History Discussion )

Richard Burr: february 2007. some magical date in history that we'll all look probably find that to blame as to why this program doesn't work. mr. president, members in a little opportunity to come to the

Richard Burr

1:05:31 to 1:05:51( Edit History Discussion )

Richard Burr: floor, have an opportunity to vote on the substitute. let me just say to them, if you want a vote for the substitute. if you want to reduce the prevalence of youth smoking, vote for the substitute. if you want to reduce the of death and the substitute.

Richard Burr

1:05:52 to 1:06:14( Edit History Discussion )

Richard Burr: don't just listen to me. listen to public health experts and authors who now have written on this. this happens to be a book that i'm not sure published. i'm sure i could reasonable find that out. but i think i spent $50 today to get -- either that or it's loan.

Richard Burr

1:06:15 to 1:06:37( Edit History Discussion )

Richard Burr: it seems like a lot of money. but the truth how the senate of the united states is getting a book about the happened behind c between the authors of this bill

Richard Burr

1:06:38 to 1:06:58( Edit History Discussion )

Richard Burr: and philip morris. it's written by an author nam patrick basham. i just want to read you a few things that book. and i am regulation to the f.d.a. as

Richard Burr

1:06:59 to 1:07:19( Edit History Discussion )

Richard Burr: congress is poised to do is an epic public health mistake. it's tantamount to giving the keys of the regulatory s there are significant and numerous problems with the f.d.a. regulating tobacco and

Richard Burr

1:07:20 to 1:07:40( Edit History Discussion )

Richard Burr: virtually no benefits to public health." let me say that again: "there is significant and numerous problems with the f.d.a. regulating tobacco and virtually no benefits to public health." you get it? i it as a god's sake put something in there that is in the benefit of the public health

Richard Burr

1:07:41 to 1:08:01( Edit History Discussion )

Richard Burr: country. he goes on to say "kennedy, waxman and the public health establishment present the legislation as a masterful regulatory stroke that will end tobacco marketing, prevent kids from starting to smoke, make cigarettes less enjoyable to smoke and reduce adult smoking but f.d.a. regulation of tobacco

Richard Burr

1:08:02 to 1:08:22( Edit History Discussion )

Richard Burr: will do none of these things." this is not a fan of the tobacco industry. this is an that has numerous he's an adjunct scholar with the

Richard Burr

1:08:23 to 1:08:44( Edit History Discussion )

Richard Burr: k.o. center fora responsive government, a lecturer at johns hopkins university. he has written a variety of policy issues in his articles that have appeared in the "new york times," "the washington post," "usa today," the new york post, the new york daily news, just to make a few. his book "how philip morris

Richard Burr

1:08:45 to 1:09:06( Edit History Discussion )

Richard Burr: burned antitobacco movement," this is no fan of tobacco. this is a guy that's calling balls and he's one person that's more concerned about the public health in this country and making sure that what we do accomplishes policy that he's willing to be outspoken.

Richard Burr

1:09:07 to 1:09:28( Edit History Discussion )

Richard Burr: he goes on in his book and he says "the process of validating new, reduced risk products appears to be designed to prevent such products from ever reaching the marketplace, giving smokers man the impossible choice of quit or die."

Richard Burr

1:09:29 to 1:09:49( Edit History Discussion )

Richard Burr: you might rember that part. we can now call the continuum of risk "quit or die." rather than making smoking safer for those who continueo smoke, it will deny smokers access to new products that might literally save their lives.

Richard Burr

1:09:50 to 1:10:10( Edit History Discussion )

Richard Burr: that is hardly a sterling prescription for good public health. if the objective is public health, h.r. 125 smalls way short. even if the idea of f.d.a regulation were g including the f.d.a.'s competence in tobacco policy and

Richard Burr

1:10:11 to 1:10:32( Edit History Discussion )

Richard Burr: science, it's public imimagine, it's fit with the tobacco file and its available overall current competence argue strongly against giving it regulatory responsibilities for our nation's tobacco policy. this is a the f.d.a. regulation of tobacco

Richard Burr

1:10:33 to 1:10:53( Edit History Discussion )

Richard Burr: need not be a public health tragedy, however. by bringing the c tobacco policy into the light of day by taking it out of the hands of special interest and most importantly by keeping it away from the f.d.a., there is every opportunity to begin to create se

Richard Burr

1:10:54 to 1:11:15( Edit History Discussion )

Richard Burr: that not only serves the interest of smokers and nonsmokers but it is a policy that might really work. to senators of the united stat senate, if you want a policy that really works, do not adopt h.r. 1256. the substitute amendment which

Richard Burr

1:11:16 to 1:11:36( Edit History Discussion )

Richard Burr: does focus on the public hea of this country. mr. basham writes on a variety of topics and when he took an objective view of the situation, he saw h.r. 1256 as misguided

Richard Burr

1:11:37 to 1:11:57( Edit History Discussion )

Richard Burr: legislate. legislation. in my amendment, we accomplish exactly what mr. basham raises. our amendment sets up a new agency under the auspices of h.h.s. that will examine all tobacco products and set up a regulatory framework that saves lives.

Richard Burr

1:11:58 to 1:12:18( Edit History Discussion )

Richard Burr: that's in the public health interest of we don't preclude new reduced-risk products from entering the marketplace. let me say that again. we do not preclude reduced-risk marketplace from coming into the marketplace. h.r. 1256 does. we mandate reduction center post the

Richard Burr

1:12:19 to 1:12:39( Edit History Discussion )

Richard Burr: relative risk of each tobacco product currently on the market. wouldn't that be incredible if we had a ranking between cigarettes and all the things. well, you wouldn't need that if 1256 passed because you would only have nonfiltered cigarettes, filtered cigarettes and smokeless tobacco. i can tell you the ranking would

Richard Burr

1:12:40 to 1:13:02( Edit History Discussion )

Richard Burr: be unfiltere worst. filtered cigarettes next to the worst. and smokeless third. and those are the choices that adults would have in this addicted to smoking if smokeless wasn't something that enticed them to quit smoking, they'd be left out because the legislation

Richard Burr

1:13:03 to 1:13:24( Edit History Discussion )

Richard Burr: doesn't create a pathway for new products. we also give current users the information they need to decide whether they want to migrate from a more harmful product like cigarettes to less harmful products. mr. president, i've heard my colleagues and many other advocacy groups boast about how the underlying bill would give the f.d.a. authority to remove toxins in cigarettes.

Richard Burr

1:13:25 to 1:13:46( Edit History Discussion )

Richard Burr: to boast about how granting f.d.a. the authority to regulate advertising will encourage people to not use smokers to quit. and i agree to better warning labels will act as a to nonsmokers. but what

Richard Burr

1:13:47 to 1:14:09( Edit History Discussion )

Richard Burr: there is an study cited in canada. the study consisted of showing current smokers packages of their favorite cigarettes with an increased warning label and graphic pictorials of cancer and other disease. the study concluded that no statistical significant change in smoking behavior could be expected to be followed from the

Richard Burr

1:14:10 to 1:14:33( Edit History Discussion )

Richard Burr: redesigned if you noticed over this 45 minutes so far, i've sort of knocked all the things out tha the sponsors of this bill said it accomplished. it doesn't do it does do one thing. it grandfathers the most risky

Richard Burr

1:14:34 to 1:14:54( Edit History Discussion )

Richard Burr: products and consolidates t regulation at the f.d.a. it doesn't reduce risk of death, disease, or youth prevalence of smoking. since h.r. 1256 bans any reduced-risk, smokeless products from entering the marketplace, into cigarettes.

Richard Burr

1:14:55 to 1:15:17( Edit History Discussion )

Richard Burr: however, our amendment doesn't lock them into just cigarettes. we provide this consume the ultimate amount of choice. the purpose of my amendment, as?? i said, is to reduce the risk of death and disease and to reduce youth prevalence of smoking. the regulated products under my amendment, mr. president, all

Richard Burr

1:15:18 to 1:15:39( Edit History Discussion )

Richard Burr: tobacco and nicotine product. there are no holes in this substitute. it covers the entire scope of tobacco products. new smoking provisions in 1256 -- and i quote -- "change current tobacco advertising to black and white only warning labels on packages of cigarettes." we require bracket warning

Richard Burr

1:15:40 to 1:16:02( Edit History Discussion )

Richard Burr: labels on the package of the cigarettes and print advertising. would have us believe that if we go from color to black-and-w advertising that people under 18 actually won't read it or can't read it. maybe read it in color.

Richard Burr

1:16:03 to 1:16:25( Edit History Discussion )

Richard Burr: but they suggest that theirs is a stronger regulatory bill. but the sstitute eliminates pr no longer a mom finds in the grocery store, attractive that might not be one of those publications that is considered a publication

Richard Burr

1:16:26 to 1:16:46( Edit History Discussion )

Richard Burr: that youth would purchase, but a 14-year-old might go to her mother's "vogue" magazine and flip open and see a tobacco advertisement by mistake. it will happen under h.r. 1256 but only in black and white. h.r. 1256 uses kwraours fees to

Richard Burr

1:16:47 to 1:17:09( Edit History Discussion )

Richard Burr: fund the f.d.a. -- user fund the f.d.a., million over three years. we and human services, how much do you need to stand up a complete new agency that is only focused on tobacco regulation. $100 million a year. because these fees that we charge tobacco companies are passed on to the consumers, the

Richard Burr

1:17:10 to 1:17:34( Edit History Discussion )

Richard Burr: people least likely to fund it, the ones who are already funding a children's health insurance program, funding a majority of the state medicaid programs. let's give these folks a break. let's not put this entire thing on their backs, especially if

Richard Burr

1:17:35 to 1:17:55( Edit History Discussion )

Richard Burr: it's not going to do any good. mr. basham. as a matter of fact, brad rodu wrote march 26 -- and brad rodu is the endowed share harm reduction research schoo of medicine, university of louisville. i'll read a couple of excerpts.

Richard Burr

1:17:56 to 1:18:16( Edit History Discussion )

Richard Burr: according to the public health physicians, the bill will do more harm than good in terms of the future tobacco-related illness and death. while the regulation of the tobacco industry, this bill does not meet that standard. the bill introduced by henry waxman and supported by medical groups that are engaged i a

Richard Burr

1:18:17 to 1:18:38( Edit History Discussion )

Richard Burr: crusade against the tobacco industry, that's a problem. in a blind desire to kill tobacco manufacturers, the waxman bill may end up hurting smokers. and it goes on

Richard Burr

1:18:39 to 1:19:02( Edit History Discussion )

Richard Burr: again, an endowed share of a jor academic institution which says don't do this. professor in social and behavioral science. get this: boston school of public health, home of the author of the

Richard Burr

1:19:03 to 1:19:23( Edit History Discussion )

Richard Burr: los angeles time not long ago. let me read a out of "in the end, it ensures federal regulation of tobacco products will remain more about politics than h.r. 1256 gives the f.d.a. the ility to lower nicotine levels

Richard Burr

1:19:24 to 1:19:44( Edit History Discussion )

Richard Burr: in cigarettes. since h.r. 1256 locks current users into cigarettes only by banning, reduced risk products, h.r. 1256 million americans who currently smoke are doomed to death and disease associated cigarette smoking.

Richard Burr

1:19:45 to 1:20:07( Edit History Discussion )

Richard Burr: h.r. 1256 will cost lives, save lives. this is a professor boston university school of publ senators' bill.

Richard Burr

1:20:08 to 1:20:30( Edit History Discussion )

Richard Burr: he goes on to say even worse, by giving the federal agency the appearance authority over cigarettes without the real ability to regulate, the legislation would seemingly create an f.d.a. seal of approval for cigarettes, giving the public a false sense of security about the safety of the product. in fact, the bill's crafters are apparently so worried about the

Richard Burr

1:20:31 to 1:20:51( Edit History Discussion )

Richard Burr: harm effects of such a public perception -- get this -- that they've written a clausento the bill that prohibits cigarette companies from even informing the public that cigarettes are regulated by the f.d.a. or that the companies are in compliance with f.d.a. regulation. the legislation forbids a

Richard Burr

1:20:52 to 1:21:12( Edit History Discussion )

Richard Burr: company their regulator. he goes on to say this is clearly an unconstitutional provisio as it violates the free speech rights of the tobacco companies. nevertheless, it suggests that even the supporters of the legislation are aware that the bill creates a false perception of the increased safety of

Richard Burr

1:21:13 to 1:21:33( Edit History Discussion )

Richard Burr: cigarette you know, there's a charge i haven't made. the bill is actually unconstitutional. when we recognize things as unconstitutional, i know it's the inclination of some members of the united states senate to wait and have it patched and somebody to refer it to the supreme court so that the

Richard Burr

1:21:34 to 1:21:59( Edit History Discussion )

Richard Burr: supreme court can tell us it's unconstitutional. when scholars tell us it's unconstitutional, i believe our responsibility is then don't pass it. don't do let me just conclude with michael

Richard Burr

1:22:00 to 1:22:20( Edit History Discussion )

Richard Burr: school of university. during the previous administration, the.d.a. was accused of making decisions based on politics, not health. if the senate passes the f.d.a. tobacco legislation, it institutionizing rather than ending the triumph of politics over science in federal policy

Richard Burr

1:22:21 to 1:22:42( Edit History Discussion )

Richard Burr: making. this is not the way science to its i'm not saying it. professor, school of public health, boston university. what's this bill about? its authors said, reducing the

Richard Burr

1:22:43 to 1:23:08( Edit History Discussion )

Richard Burr: rate of death, disease and prevalence of new smoking. michael seagulls' assessment, about patrick basham's conclusion in "butt out," the book.

Richard Burr

1:23:13 to 1:23:33( Edit History Discussion )

Richard Burr: it's about politics. it says on the back of the book outwitted the coalition of useful -- "phillip morris outwitted its coalition of useful idiots at every turn." the decision in front of members of the united states senate is

Richard Burr

1:23:34 to 1:23:56( Edit History Discussion )

Richard Burr: simple, mr. president. if you want to reduce the risk of death, if you want to reduce the risk of disease, if you want to reduce the prevalence of youth smoking, you only have one chance, and that's support the substitute amendment. if you want to do politics as usual, if you want to let politics trump science, if you

Richard Burr

1:23:57 to 1:24:18( Edit History Discussion )

Richard Burr: want to lock in a category of products that have a high likelihood of risking the american people, if you want to ignore the from around the suggests by

Richard Burr

1:24:19 to 1:24:42( Edit History Discussion )

Richard Burr: smokeless products on the marketplace to, allow smokers t get off of tobacco products, support the substitute. it's not permitted in the base bill, h.r. 1256.

Richard Burr

1:24:43 to 1:25:05( Edit History Discussion )

Richard Burr: when i came to the senate floor that up to win and i actually believe, mr. president, that's all i need to put up for the american people. i've learned over the pas days just how ofhe united states senate

Richard Burr

1:25:06 to 1:25:12( Edit History Discussion )

Richard Burr: i hope -- after six and a half hours of coming to the senate floor on

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