{ 1998/05/18 TIME: 19-30 , Mon. 105TH SENATE, SECOND SESSION}

{ NOT AN OFFICIAL TRANSCRIPT OF THE SENATE PROCEEDINGS.}


           NOW I KNOW THE SENATOR FROM MASSACHUSETTS IS TRYING TO
           CONTRIBUTE BY SAYING, LET'S KEEP CALM AND CAN WE FIND A WAY TO
           WORK THIS OUT. I THINK THIS IS A FAIRWAY, AND I WOULD ADMONISH
           EVERYBODY TO STAY CALM TOO AND KEEP AN EYE ON WHAT IS THE
           TARGET HERE. AND IT IS BIGGER THAN SOME OF ITS PARTS, AND WE
           OUGHT TO KEEP THAT IN MIND. WE MAY NOT BE ABLE TO DO IT THIS
           WEEK. WE MAY NEVER BE ABLE TO DO IT. THE ODDS ARE VERY STRONG
           THAT THIS THING IS GOING TO IMPLODE BY THE WEIGHT THAT WE'RE

{19:30:36} (MR. LOTT) { NOT AN OFFICIAL TRANSCRIPT }

           PLACING ON IT. EVERY TIME WE'VE TOUCHED IT, IT'S GOTTEN BIGGER,
           FATTER AND MORE DIFFICULT TO GET THROUGH. SO, YOU KNOW, IT'S
           OKAY WITH ME. YOU KNOW, HOWEVER IT WORKS OUT. BUT I BELIEVE WE
           HAVE HERE A REASONABLE WAY TO BEGIN THIS PROCESS, AND I'D URGE
           MY COLLEAGUES HOLD YOUR FIRE. LET'S GO AHEAD WITH THE OPENING
           STATEMENTS BY THE SENATORS. LET'S GET SOME AMENDMENTS GOING.
           WHO KNOWS FOR SURE HOW IT'S GOING TO WORK OUT?

{19:31:04 NSP} (MR. MCCAIN) { NOT AN OFFICIAL TRANSCRIPT }

           MR. MCCAIN: WILL THE SENATOR YIELD?

{19:31:08 NSP} (MR. KERRY) { NOT AN OFFICIAL TRANSCRIPT }

           MR. KERRY: I WILL JUST FINISH MY COMMENT. I WILL NOT OBJECT,
           MR. PRESIDENT. BUT I WILL SIMPLY SAY THAT I THINK THE SENATOR
           FROM ARIZONA WOULD AGREE THAT IN THE JUDGMENT OF MOST OF US, WE
           THOUGHT WE MADE IT, YOU KNOW, SMALLER AND SLIMMER AND EASIER,
           BUT THAT WILL BE PROVEN OVER THE COURSE OF THE NEXT DAYS. BUT,
           I APPRECIATE WHAT THE MAJORITY LEADER HAS SAID, AND I THINK,
           HOPEFULLY, WE CAN FIND SOME WAY TO RESOLVE THIS AS WE GO
           THROUGH THE NEXT DAYS.

{19:31:36 NSP} (MR. MCCAIN) { NOT AN OFFICIAL TRANSCRIPT }

           MR. MCCAIN: WOULD THE SENATOR YIELD?

{19:31:38 NSP} (MR. KERRY) { NOT AN OFFICIAL TRANSCRIPT }

           MR. KERRY: I WILL YIELD.

{19:31:40 NSP} (THE PRESIDING OFFICER) { NOT AN OFFICIAL TRANSCRIPT }

           THE PRESIDING OFFICER: IS THERE OBJECTION TO THE MAJORITY
           LEADER'S REQUEST?

{19:31:45 NSP} (MR. HOLLINGS) { NOT AN OFFICIAL TRANSCRIPT }

           MR. HOLLINGS: RESERVING THE RIGHT TO OBJECT.

{19:31:48 NSP} (THE PRESIDING OFFICER) { NOT AN OFFICIAL TRANSCRIPT }

           THE PRESIDING OFFICER: THE SENATOR FROM MASSACHUSETTS DOES NOT
           HAVE THE FLOOR, AND --

{19:31:51 NSP} (MR. MCCAIN) { NOT AN OFFICIAL TRANSCRIPT }

           MR. MCCAIN: RESERVING THE RIGHT TO OBJECT --

{19:31:53 NSP} (THE PRESIDING OFFICER) { NOT AN OFFICIAL TRANSCRIPT }

           THE PRESIDING OFFICER: AND THEREBY DOES NOT HAVE THE AUTHORITY
           TO YIELD. THE MAJORITY LEADER HAS THE FLOOR.

{19:31:58 NSP} (MR. MCCAIN) { NOT AN OFFICIAL TRANSCRIPT }

           MR. MCCAIN: WILL THE MAJORITY LEADER YIELD TO ME FOR A BRIEF
           COMMENT?
           THE MAJORITY LEADER HAS THE FLOOR.

{19:32:05 NSP} (MR. LOTT) { NOT AN OFFICIAL TRANSCRIPT }

           MR. LOTT: MR. PRESIDENT, I HAD A REQUEST PENDING, BUT --

{19:32:05 NSP} (THE PRESIDING OFFICER) { NOT AN OFFICIAL TRANSCRIPT }

           THE PRESIDING OFFICER: IS THERE OBJECTION?

{19:32:08 NSP} (MR. MCCAIN) { NOT AN OFFICIAL TRANSCRIPT }

           MR. MCCAIN: RESERVING THE RIGHT TO OBJECT --

{19:32:13 NSP} (THE PRESIDING OFFICER) { NOT AN OFFICIAL TRANSCRIPT }

           THE PRESIDING OFFICER: AND THE SENATOR IS RECOGNIZED.

{19:32:16 NSP} (MR. MCCAIN) { NOT AN OFFICIAL TRANSCRIPT }

           MR. MCCAIN: THIS IS A DIFFICULT SITUATION AND NOT THE FIRST
           THAT WE'VE BEEN THROUGH IN THIS PROCESS, NOR, REGRETTABLY, WILL
           IT BE THE LAST. I HAVE GREAT SYMPATHY FOR MY TWO DEAR FRIENDS,
           ONE FROM KENTUCKY AND ONE FROM SOUTH CAROLINA, WHO HAVE FOUGHT
           VERY HARD FOR THE PEOPLE THEY REPRESENT. I ALSO UNDERSTAND, AND
           I THINK WE WILL SHOULD, THE POSITION OF THE MAJORITY LEADER,
           WHO HAS, DESPITE THE PREDICTIONS OF MANY, HAS BEEN STEADFAST
           THROUGHOUT AS FAR AS SAYING THAT THIS BILL WOULD COME TO THE
           FLOOR AND WE WOULD RESOLVE IT IF THERE WAS ANYTHING WITHIN HIS

{19:32:48} (MR. MCCAIN) { NOT AN OFFICIAL TRANSCRIPT }

           POWER TO DO SO. IT'S MY UNDERSTANDING -- AND I'LL BE MANAGING
           THIS BILL WITH THE DISTINGUISHED SENATOR FROM SOUTH CAROLINA --
           I WILL MAKE EVERY EFFORT TO MAKE SURE THAT FAIRNESS IS THE
           ORDER OF THE DAY, WHICH HAS BEEN THE WAY WE'VE CONDUCTED OUR
           RELATIONSHIP AND OUR NEGOTIATIONS THROUGHOUT THIS BILL. I WILL
           DO EVERYTHING IN MY POWER. I UNDERSTAND VERY WELL HOW CONCERNED
           THE SENATOR FROM SOUTH CAROLINA AND KENTUCKY ARE. I ALSO
           UNDERSTAND THAT THE MAJORITY LEADER HAS THE RIGHT TO DO THESE
           THINGS. WE SAW THEM WHEN THE OTHER SIDE OF THE AISLE WAS IN THE

{19:33:21} (MR. MCCAIN) { NOT AN OFFICIAL TRANSCRIPT }

           MAJORITY. I SAW IT ON SEVERAL BILLS WHERE MODIFICATIONS WERE
           PUT IN TO BILLS WHICH WERE MADE -- MADE IT NO LONGER A 60-VOTE
           PROPOSITION, BUT A 51-49. I DIDN'T LIKE THAT AT THE TIME, BUT
           IT IS PERFECTLY CORRECT IN A PARLIAMENTARY FASHION. I WOULD
           AGAIN LIKE TO ECHO THE WORDS OF THE MAJORITY LEADER. WE'RE
           GOING TO HEAR ATTACKS. THERE'S PEOPLE WAITING RIGHT NOW TO
           ATTACK THIS BILL IN THE MOST VO SIS RUSS -- VOCIFEROUS AND
           PASSIONATE FASHION. THERE IS PEOPLE ON THE OTHER SIDE WHO ARE

{19:33:53} (MR. MCCAIN) { NOT AN OFFICIAL TRANSCRIPT }

           SAYING YOU GUYS AREN'T TOUGH ENOUGH ON THE TOBACCO COMPANIES.
           WE WILL HEAR OVER HERE THIS IS THE BIGGEST TAX INCREASE IN
           HISTORY. YOU'RE DOING WAY TOO MANY. -- TOO MUCH. BUT I BELIEVE
           A FAIR PROCEDURE WILL FOLLOW. AND I WANT TO SAY, COMMIT TO MY
           COLLEAGUES THAT THAT WILL HAPPEN. AND, I AM SORRY, I SAY TO MY
           FRIEND FROM SOUTH CAROLINA AND KENTUCKY THAT THIS HAS BEEN
           DISTRESSING TO THEM. BUT I HOPE WE CAN MOVE FORWARD IN A FAIR
           AND EQUITABLE FASHION.

{19:34:31 NSP} (THE PRESIDING OFFICER) { NOT AN OFFICIAL TRANSCRIPT }

           THE PRESIDING OFFICER: IS THERE OBJECTION TO THE --

{19:34:32 NSP} (MR. HOLLINGS) { NOT AN OFFICIAL TRANSCRIPT }

           MR. HOLLINGS: RESERVING THE RIGHT TO OBJECT.

{19:34:34 NSP} (THE PRESIDING OFFICER) { NOT AN OFFICIAL TRANSCRIPT }

           THE PRESIDING OFFICER: THE DISTINGUISHED DEMOCRATIC LEADER IS
           IS RECOGNIZED UNDER HIS RESERVATION.

{19:34:42 NSP} (MR. DASCHLE) { NOT AN OFFICIAL TRANSCRIPT }

           MR. DASCHLE: MR. PRESIDENT, I HAVE NOT WANTED TO GET INTO THIS
           UNTIL NOW, BUT I MUST SAY I APPLAUD WHAT THE DISTINGUISHED
           CHAIRMAN HAS SAID IN A COUPLE OF ASPECTS. FIRST OF ALL, I THINK
           THAT IT IS TRUE THAT UP UNTIL NOW THERE HAS BEEN A GOOD DEAL OF
           EFFORT ON BOTH SIDES TO BRING THIS BILL TO THE FLOOR. WE
           WOULDN'T BE HERE TODAY WERE IT NOT FOR THE LEADERSHIP OF THE
           SENATOR FROM ARIZONA AND THE TREMENDOUS WORK PUT FORTH BY THE
           SENATOR FROM SOUTH CAROLINA AS WELL AS THE SENATOR FROM

{19:35:12} (MR. DASCHLE) { NOT AN OFFICIAL TRANSCRIPT }

           KENTUCKY. IT'S THE ONLY WAY WE GOT TO THIS POINT. WE GOT HERE
           BECAUSE THE RANKING MEMBER AND THE CHAIRMAN CONCLUDE THAT HAD
           THIS BILL NEED TO GET TO THE FLOOR, AND WE WERE UNDER A TIME
           FRAME WITHIN WHICH TO DO THAT. THAT IS NOW -- THAT HAS NOW
           HAPPENED. IT WAS ONLY THROUGH THAT EFFORT THAT WE WERE ABLE TO
           GET THIS FAR. AND I THINK IT'S FAIR TO SAY THAT BOTH SIDES HAVE
           BEEN WORKING IN GOOD FAITH TO BRING US TO THIS POINT. AND SO
           THERE'S REALLY TWO QUESTIONS HERE.

{19:35:46} (MR. DASCHLE) { NOT AN OFFICIAL TRANSCRIPT }

           NUMBER ONE: IS IT WITHIN THE RIGHT OF THE MAJORITY LEADER TO
           AMEND HIS LEGISLATION AS HE HAS PROPOSED TO DO?
           AND, CLEARLY HE IS WITHIN HIS RIGHTS TO DO THAT.
           
           THE REAL QUESTION IS: IS IT IN KEEPING WITH WHAT WE'VE
           ESTABLISHED AS THE WORKING ORDER HERE?
           ARE WE IN THE SAME KIND OF PARTNERSHIP THAT WE THOUGHT WE HAD
           ALL THE WAY THROUGH THIS PROCESS AS WE MOVE PROCEDURALLY TO THE FLOOR?
           THE ANSWER CLEARLY IS NO. THIS WAS A SURPRISE. SENATOR HOLLINGS
           HAS BEEN IN THE MEETINGS, DISCUSSING WHAT WOULD GO IN THE

{19:36:19} (MR. DASCHLE) { NOT AN OFFICIAL TRANSCRIPT }

           MANAGERS'
           
           AMENDMENT UNTIL AT LEAST 4:00 THIS AFTERNOON. SENATOR HOLLINGS,
           THE ADMINISTRATION AND OTHERS HAVE SIGNED OFF ON EVERY SINGLE
           PIECE OF WHAT WAS TO GO INTO THE MANAGERS' AMENDMENT. I JUST
           LEFT THE FLOOR TO CHECK WITH THE ADMINISTRATION TO SEE IF THEY
           KNEW THAT THIS WAS IN THE MANAGERS' AMENDMENT. THE ANSWER WAS
           EMPHATICALLY NO. NO ONE TOLD THEM THIS WAS GOING TO BE
           INCLUDED. NO ONE GAVE THEM ANY INDICATION INDICATION. AND, SO,

{19:36:51} (MR. DASCHLE) { NOT AN OFFICIAL TRANSCRIPT }

           CLEARLY WE START THIS DEBATE WITH A VERY SERIOUS
           MISUNDERSTANDING AND A VERY SERIOUS VIOLATION OF GOOD FAITH.
           AND, SO IT IS WITHIN THE RIGHT OF THE MAJORITY TO TAKE STEPS OF
           THIS KIND. BUT, UNFORTUNATELY, IT COMES AT A PRICE. AND THAT
           PRICE IS THE COOPERATION NEEDED TO COMPLETE OUR WORK. THE PRICE
           IS COMING TO TERMS WITH ALL THE OTHER PROCEDURAL QUESTIONS WE
           HAVE TO FACE. HOW IS IT POSSIBLE TO GET UNANIMOUS CONSENT UNDER
           THESE CIRCUMSTANCES?

{19:37:27} (MR. DASCHLE) { NOT AN OFFICIAL TRANSCRIPT }

           HOW IS IT POSSIBLE TO GET ANY UNDERSTANDING ABOUT THE DEGREE TO
           WHICH WE CAN AGREE ON AMENDMENTS WITH THIS UNDERSTANDING, WITH
           THIS PROBLEM?
           SO, MR. PRESIDENT, WE'VE COMPOUNDED THE PROBLEM THIS AFTERNOON
           UNNECESSARILY, IT SEEMS TO ME. THE MAJORITY LEADER HAS A JOB TO
           DO. HE HAS TO MAKE CHOICES. I UNDERSTAND THAT. BUT, I HOPE AS
           THOSE CHOICES ARE MADE WE CLEARLY DEMONSTRATE THE APPRECIATION
           FOR THE KIND OF COMMUNICATION THAT IS GOING TO BE ABSOLUTELY
           ESSENTIAL IF WE GET ANYTHING DONE AT ALL. I HOPE WE CAN WORK

{19:38:02} (MR. DASCHLE) { NOT AN OFFICIAL TRANSCRIPT }

           THROUGH THIS. I HOPE THAT BEFORE THE NIGHT IS OUT OR AT THE
           VERY LATEST TOMORROW MORNING WE CAN RESOLVE THIS MATTER,
           BECAUSE IF WE ARE GOING TO MOVE FORWARD ADEQUATELY,
           SUCCESSFULLY, IT HAS TO BE RESOLVED. I YIELD THE FLOOR. MR.
           HOLLINGS: MR. PRESIDENT?

{19:38:18 NSP} (THE PRESIDING OFFICER) { NOT AN OFFICIAL TRANSCRIPT }

           THE PRESIDING OFFICER: IS THERE OBJECTION?

{19:38:20 NSP} (MR. HOLLINGS) { NOT AN OFFICIAL TRANSCRIPT }

           MR. HOLLINGS: RESERVING THE RIGHT TO OBJECT.

{19:38:21 NSP} (THE PRESIDING OFFICER) { NOT AN OFFICIAL TRANSCRIPT }

           THE PRESIDING OFFICER: THE SENATOR FROM SOUTH CAROLINA IS
           RECOGNIZED.

{19:38:26 NSP} (MR. HOLLINGS) { NOT AN OFFICIAL TRANSCRIPT }

           MR. HOLLINGS: I THANK THE DISTINGUISHED CHAIR. MR. PRESIDENT,
           THERE ISN'T ANY QUESTION ABOUT THE MAJORITY LEADER'S RIGHT TO
           PROCEED AS HE DOES AND MAKE THAT REQUEST. BUT HE ONLY DOES THAT
           WITH THE MAJORITY VOTE OF THE COMMERCE COMMITTEE. THAT'S THE
           DISMAYING THING TO THIS PARTICULAR SENATOR. BECAUSE WHEN YOU
           MEET AS A RANKING MEMBER, YOU REPRESENT NOT ONLY YOURS BUT THE
           COMMITTEE MEMBERS AND OTHER SENATORS INTERESTED, OF COURSE, IN

{19:38:57} (MR. HOLLINGS) { NOT AN OFFICIAL TRANSCRIPT }

           THE TOBACCO FARMER. AND YOU'RE NOT JUST WANTING TO ASSURE
           YOURSELF, YOU'RE WANTING TO ASSURE YOURSELF SO YOU CAN
           REPRESENT BECAUSE THEY'RE CONSTANTLY ASKING THESE QUESTIONS. SO
           EVERYTHING, THE WHITE HOUSE, THE HEALTH COMMUNITY, EVERYONE NOW
           HAT GOTTEN IN
           
           STEP AS OF 4:00 ON THE LEAF ACT, AND TO COME NOW WITH THIS
           PROCEDURE AND SAY THAT THEY HAVE THE MAJORITY, WHICH WOULD
           INCLUDE THE DISTINGUISHED CHAIRMAN OF THE COMMITTEE, IS A
           SHOCKING SURPRISE TO ME. I CAN TELL YOU THAT RIGHT NOW, BECAUSE

{19:39:32} (MR. HOLLINGS) { NOT AN OFFICIAL TRANSCRIPT }

           I'VE BEEN WITH HIM. I GOT WITH HIM ONLY ON THIS UNDERSTANDING.
           AND TO COME NOW AND PUT THE LEAF ACT IN JEOPARDY WITH THIS
           PARTICULAR PROCEDURE, I JUST HAD TO STAND UP HERE AND REGISTER
           MY OBJECTION. I DON'T WANT TO OBJECT IN A SILLY FASHION TO THE
           PRINTING, SO I'LL WITHHOLD IT. BUT, THE BIPARTISAN HAS ENDED.

{19:39:54 NSP} (THE PRESIDING OFFICER) { NOT AN OFFICIAL TRANSCRIPT }

           THE PRESIDING OFFICER: PARLIAMENTARY INQUIRY, MR. PRESIDENT?
           MR. PRESIDENT?
           --

{19:40:01 NSP} (THE PRESIDING OFFICER) { NOT AN OFFICIAL TRANSCRIPT }

           THE PRESIDING OFFICER: WITHOUT OBJECTION, THE MAJORITY LEADER'S
           REQUEST IS AGREED TO. THE SENATOR FROM DELAWARE.

{19:40:10 NSP} (MR. ROTH) { NOT AN OFFICIAL TRANSCRIPT }

           MR. ROTH: MR. PRESIDENT, I RISE TO MAKE A PARLIAMENTARY INQUIRY
           ON BEHALF OF MY DISTINGUISHED RANKING MEMBER, SENATOR MOYNIHAN,
           AND MYSELF, AS CHAIRMAN OF THE FINANCE COMMITTEE. THE SENATE
           HAS BEFORE IT A MODIFICATION TO THE COMMERCE COMMITTEE
           SUBSTITUTE AND FINANCE COMMITTEE AMENDMENT TO S. 1415, THE
           NATIONAL TOBACCO POLICY AND YOUTH SMOKING REDUCTION ACT. IF THE
           MODIFICATION WERE INTRODUCED AS A BILL, WOULD IT BE REFERRED TO
           THE FINANCE COMMITTEE?

{19:40:38 NSP} (THE PRESIDING OFFICER) { NOT AN OFFICIAL TRANSCRIPT }

           THE PRESIDING OFFICER: YES, IT WILL.

{19:40:41 NSP} (MR. ROTH) { NOT AN OFFICIAL TRANSCRIPT }

           MR. ROTH: MR. PRESIDENT, FURTHER PARLIAMENTARY INQUIRY.

{19:40:43 NSP} (THE PRESIDING OFFICER) { NOT AN OFFICIAL TRANSCRIPT }

           THE PRESIDING OFFICER: YES, IT WOULD.

{19:40:46 NSP} (MR. ROTH) { NOT AN OFFICIAL TRANSCRIPT }

           MR. ROTH: THE MODIFICATION CONTAINS IS SETTLEMENT PAYMENTS AND
           HEALTH FEES. IS IT TRUE THAT THESE PROVISIONS, NO MATTER HOW
           THEY ARE DESIGNATED, ARE REVENUE MEASURES AND, THUS, WITHIN THE
           JURISDICTION OF THE FINANCE COMMITTEE?

{19:40:59 NSP} (THE PRESIDING OFFICER) { NOT AN OFFICIAL TRANSCRIPT }

           THE PRESIDING OFFICER: THE SENATOR IS CORRECT.

{19:41:03 NSP} (MR. ROTH) { NOT AN OFFICIAL TRANSCRIPT }

           MR. ROTH: MR. PRESIDENT, SENATOR MOYNIHAN AND MYSELF WOULD LIKE
           TO VOTE FOR THE -- NOTE FOR THE RECORD THAT THE MODIFICATION OF
           THE COMMERCE COMMITTEE SUBSTITUTE VIOLATES RULE 15 OF THE
           STANDING RULES OF THE SENATE. NEITHER SENATOR MOYNIHAN NOR I
           WILL RAISE THE POINT OF ORDER BECAUSE EVEN IF WE DID RAISE THE
           POINT OF ORDER, THE LEADERS OR MANAGERS COULD ACCOMPLISH THE
           SAME RESULT BY OFFERING THE EYE DENTS CAL TEXT AS A FLOOR
           AMENDMENT. -- OFFERING THE IPE DENT CAL TEXT AS A FLOOR

{19:41:32 NSP} (MR. MOYNIHAN) { NOT AN OFFICIAL TRANSCRIPT }

           AMENDMENT. MR. MOYNIHAN: MR. PRESIDENT?

{19:41:36 NSP} (THE PRESIDING OFFICER) { NOT AN OFFICIAL TRANSCRIPT }

           THE PRESIDING OFFICER: THE SENATOR FROM NEW YORK.

{19:41:40 NSP} (MR. MOYNIHAN) { NOT AN OFFICIAL TRANSCRIPT }

           MR. MOYNIHAN: I CONCUR IN THE JUDGMENT OF OUR DISTINGUISHED
           CHAIRMAN ON THE IMPORTANT QUESTION OF THE JURISDICTION OF THE
           COMMITTEE ON FINANCE, AND I THANK HIM FOR INSISTING THAT IT BE
           MADE CLEAR FOR THE RECORD AS INDEED HAS BEEN DONE,THANKS TO THE
           DISTINGUISHED PRESIDING OFFICER. AND, SIR, I HAVE A STATEMENT
           FURTHER ON THIS MATTER WHICH I ASK BE PRINTED IN THE RECORD AS
           IF READ.

{19:42:04 NSP} (THE PRESIDING OFFICER) { NOT AN OFFICIAL TRANSCRIPT }

           THE PRESIDING OFFICER: WITHOUT OBJECTION.

{19:42:05 NSP} (MR. MOYNIHAN) { NOT AN OFFICIAL TRANSCRIPT }

           MR. MOYNIHAN: MR. PRESIDENT, I YIELD THE FLOOR. MR. MCCAIN: MR. PRESIDENT?

{19:42:07 NSP} (THE PRESIDING OFFICER) { NOT AN OFFICIAL TRANSCRIPT }

           THE PRESIDING OFFICER: THE SENATOR FROM ARIZONA.

{19:42:10 NSP} (MR. MCCAIN) { NOT AN OFFICIAL TRANSCRIPT }

           MR. MCCAIN: I ASK UNANIMOUS CONSENT THAT THERE BE A PERIOD FOR
           THE TRANSACTION OF ROUTINE
           
           MORNING BUSINESS UNTIL 8:00 P.M. WITH SENATORS PERMITTED TO
           SPEAK FOR UP TO TEN MINUTES EACH.

{19:42:16 NSP} (A SENATOR) { NOT AN OFFICIAL TRANSCRIPT }

           A SENATOR: OBJECT.

{19:42:20 NSP} (THE PRESIDING OFFICER) { NOT AN OFFICIAL TRANSCRIPT }

           THE PRESIDING OFFICER: OBJECTION IS HEARD.

{19:42:23 NSP} (MR. ASHCROFT) { NOT AN OFFICIAL TRANSCRIPT }

           MR. ASHCROFT: MR. PRESIDENT, I OBSERVE THE ABSENCE OF A QUORUM.

{19:42:25 NSP} (THE PRESIDING OFFICER) { NOT AN OFFICIAL TRANSCRIPT }

           THE PRESIDING OFFICER: THE SENATOR FROM ARIZONA HAS THE FLOOR.

{19:42:28 NSP} (MR. MCCAIN) { NOT AN OFFICIAL TRANSCRIPT }

           MR. MCCAIN: THE SENATOR FROM MISSOURI IS NOT RECOGNIZED FOR
           SUGGESTING THE ABSENCE OF A QUORUM; IS THAT RIGHT?

{19:42:38 NSP} (THE PRESIDING OFFICER) { NOT AN OFFICIAL TRANSCRIPT }

           THE PRESIDING OFFICER: THE SENATOR FROM ARIZONA DOES NOT LOSE
           THE FLOOR WHEN HE MAKES A UNANIMOUS CONSENT REQUEST.

{19:42:44 NSP} (MR. MCCAIN) { NOT AN OFFICIAL TRANSCRIPT }

           MR. MCCAIN: THANK YOU. MR. PRESIDENT, THE SENATE WILL NOW TAKE
           UP THE NATIONAL TOBACCO POLICY AND YOUTH SMOKING REDUCTION ACT,
           S. 1415. SIX WEEKS AGO THE SENATE COMMERCE COMMITTEE APPROVED
           THIS MEASURE BY AN OVERWHELMING VOTE OF 19-1. I WANT TO THANK
           THE THE MAJORITY LEADER AND SENATOR DASCHLE AND ALL SENATORS
           FOR ALLOWING THIS BILL TO COME TO THE FLOOR. THANKS TO THE WORK
           OF SO MANY PEOPLE, INCLUDING THE MEDICAL COMMUNITY, ESPECIALLY
           DR. KOOP, DR. KESSLER, THE ATTORNEYS GENERAL AND SO MANY OF OUR
           COLLEAGUES ON BOTH SIDES OF THE AISLE OVER MANY YEARS. CONGRESS
           HAS A RARE AND HISTORIC OPPORTUNITY TO PUT AN END TO WHAT THE

{19:43:16} (MR. MCCAIN) { NOT AN OFFICIAL TRANSCRIPT }

           AMERICAN MEDICAL ASSOCIATION CALLS A PEDIATRIC EPIDEMIC. MR.
           PRESIDENT, TOBACCO IS A LEGAL PRODUCT THAT ADULTS MAY ACQUIRE
           IF THEY CHOOSE TO DO SO. UNDER THIS BILL, IT WILL REMAIN SO.
           BUT THE WIDESPREAD USE OF TOBACCO IN THIS COUNTRY PRESENTS A
           PROBLEM EVERY RESPONSIBLE ADULT WOULD CONCEDE WILL NOT GO AWAY
           ON ITS OWN. 3,000 AMERICAN CHILDREN TAKE UP THE SMOKING HABIT
           EVERY DAY. 1,000 OF THEM, THE DECISION WILL PROVE TO BE FATAL.
           THOSE CHILDREN WILL BE AMONG THE 460,000 AMERICANS A YEAR WHO

{19:43:52} (MR. MCCAIN) { NOT AN OFFICIAL TRANSCRIPT }

           DIE EARLY, SUBSTANTIALLY EARLY, FROM SMOKING-RELATED DISEASE,
           INCLUDING CANCER, EMPHYSEMA, STROKE AND HEART DISEASE. WARNINGS
           ABOUT THE LETHAL EFFECT OF TOBACCO HAVE NOT DISCOURAGED
           JUVENILE SMOKING. SADLY, THE CENTER FOR DISEASE CONTROL REPORTS
           THAT TEEN SMOKING IS ON THE RISE TODAY. IN RECENT YEARS WE'VE
           LEARNED HOW CALLOUSLY INDIFFERENT TOBACCO COMPANIES ARE TO THE
           LOSS AND SUFFERING THEIR PRODUCT CAUSES. WE HAVE LEARNED HOW
           TOBACCO COMPANIES WILL UNDERMINE ANY PUBLIC GOOD IF IT SERVES
           THEIR COMMERCIAL INTERESTS. WE'VE LEARNED THAT NOTHING, NOT

{19:44:25} (MR. MCCAIN) { NOT AN OFFICIAL TRANSCRIPT }

           EVEN THE HEALTH OF CHILDREN, IS OFF LIMITS TO TOBACCO COMPANIES
           IF IT SERVES THEIR BOTTOM LINE. WHAT PROFITS THE NATION IS A
           MATTER OF NO CONSEQUENCE TO TOBACCO COMPANIES IF IT DOESN'T
           PROFIT THEM. MR. PRESIDENT, WE'VE LEARNED THAT THE TOBACCO
           COMPANIES WELL AWARE THAT KIDS MAKE UP THE VAST MAJORITY OF
           THEIR REPLACEMENT MARKET AFTER YEARS INTENTIONALLY AND
           SFIMATEICALLY TARGETED CHILDREN IN THEIR MARKETING AND
           ADVERTISING, KIDS AS YOUNG AS 13 YEARS OLD AND EVEN YOUNGER.

{19:44:57} (MR. MCCAIN) { NOT AN OFFICIAL TRANSCRIPT }

           THE DISCLOSURE OF TRUCKLOADS OF INTERNAL INDUSTRY DOCUMENTS
           HAVE EXPOSED ONCE AND FOR ALL THE APPALLING, MALICIOUS LIE
{END: 1998/05/18 TIME: 19-45 , Mon.  105TH SENATE, SECOND SESSION}

{ NOT AN OFFICIAL TRANSCRIPT OF THE SENATE PROCEEDINGS.}