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From: Mary Aronson To: Bruce Reed Date: 9/26/97 Time: 6:28:02 PM Page 1 of 1 ARONSON WASHINGTON RESEARCH Mary Aronson 202-291-0654 To: Tobacco Analyst, Portfolio Manager, Research Director From: Mary Aronson Date: September 25, 1997 Re: Shalala Testifies before Senate Labor & Human Resources Committee Secretary of Health and Human Services Donna Shalala told members of the Senate Labor and Human Resources Committee yesterday that the five goals President Clinton enumerated last week were the core elements of a tobacco settlement and would have to be included in any legislation before the Administration would consider industry immunity. The five goals included: a comprehensive plan for combating teen smoking, including tough penalties against the industry if established targets are missed; full FDA authority to regulate tobacco similar to that which it has over drugs or devices; new business practices for the tobacco industry, including broad disclosure of industry documents; progress toward public health goals, including second-hand smoke, tobacco-cessation programs, international control efforts and research; and protection for tobacco farmers and their communities. When some members of the committee expressed disappointment that the president had failed to send draft legislation to the Hill, Shalala emphasized the Administration's interest in working closely with congress in writing a bill. Translated from Washington-speak, this suggests that the tobacco settlement is such a political hot potato that neither branch of government wants to be caught holding the bag if whatever is developed backfires. During the course of the three hour session, panel members peppered Shalala with questions about other issues which were not identified by the president in his long-awaited speech. These concerns included reimbursement for Medicare tobacco expenditures, whether to maintain the tobacco price support program, attorneys' fees, and more. Shalala's responses alternated between stressing that the Administration's primary emphasis was protection of teens, and assuring members that the White House would be happy to work with congress on other provisions once Clinton's goals were nailed down. However, the vast number of additional concerns identified by various senators throughout the three hour hearing suggests that the settlement may become so bogged down with special interests, that it is likely to stall. In such a situation, the easiest solution might be the passage of a measure everyone can agree to legislation to protect kids -- and not much more. (See AWR, 9/21/97.) Should a kids-only bill be enacted, the Administration likely will push to have the power of administering the program in the FDA. When questioned by one senator about the wisdom of vesting all the power of a tobacco program with that agency, Shalala emphasized that smoking was a public health problem, and that the FDA, as the primary governmental health and safety agency, should justifiably be in charge.