Bills:HR 1108, S 625

Status: The House passed a bill to give the Food and Drug Administration (FDA) the power to regulate tobacco products and their sale and marketing, but the Senate never acted on the House legislation or its own companion bill.

Synopsis: The House and Senate promised a strong push in the 110th Congress to give the FDA sweeping new powers to regulate tobacco products, including regulation of nicotine levels, packaging, sales and marketing.

In the Senate, Edward M. Kennedy , D-Mass., teamed up with Texas Republican John Cornyn to push for their bill (S 625), despite the objections of tobacco-state lawmakers such as Richard M. Burr , R-N.C., who fought the legislation in the Health, Education, Labor and Pensions (HELP) Committee.

Kennedy pushed the bill through the panel, which he chairs, last year, but the real fight over the bill was waged in the House.

There, a cast of committee chairmen attempted to claim shared jurisdiction over the measure. While cigarette giant Philip Morris USA supported the legislation, second-level tobacco companies such as Lorillard Tobacco and R.J. Reynolds Tobacco made clear their strong opposition, arguing that the marketing restrictions in the bill would essentially lock in Philip Morris’ share of sales.

The House Ways and Means and Natural Resources committees both made claims on the bill, citing tax provisions and an Indian affairs issue, respectively, and action on the measure slowed. It was approved in April by the Energy and Commerce Committee, where sponsor Henry A. Waxman , D-Calif., was championing the legislation.

The gridlock loosened after Waxman, Energy and Commerce Chairman John D. Dingell , D-Mich., and members from the objecting committees got together in July, just as Congress was preparing to recess. Waxman found a new $300 million offset for the bill from an unrelated piece of legislation, which satisfied the Ways and Means Committee, and removed or altered the Indian affairs provisions.

That set up an overwhelming vote for the bill in the House in July, sending the measure to the Senate.

There, however, the legislation stalled, this time permanently. Burr vowed to do all he could to delay the bill, and with days ticking down in the legislative session and lawmakers focused on other priorities, the Senate never took it up.

Tobacco legislation has a history of near-misses. The Senate passed a similar bill in 2004, only to see the House strip out the language at the behest of GOP members and tobacco-state lawmakers. The House vote this year and strong Senate support makes it seem likely that similar legislation will have a good chance of becoming law in a future Congress.

Legislative Action:

House passed HR 1108 (H Rept 110-762), 326-102, on July 30.