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Senate Debate On Tobacco Bill Likely To Drag To Next Week



By PATRICK YOEST, Of DOW JONES NEWSWIRES

WASHINGTON -(Dow Jones)- While a bill tightening regulation of tobacco products appears to have strong support in the Senate, the chances of a quick final vote on the measure are bleak and only getting dimmer.

Sen. Richard Burr, R-N.C., who opposes the measure, has signaled he will prolong debate on the measure using a number of procedural tactics. The Senate Wednesday is expected to vote in favor of proceeding to the bill -- a vote forced by Burr.

Burr plans to insist upon an official reading of the 218-page bill, according to a Senate staffer. That would extend debate on the bill for hours longer.

The stalling tactics will likely cause Senate Majority Leader Harry Reid, D- Nev., to file a motion to limit debate on the bill, and Burr appears poised to insist upon 60 hours of debate allowed under the motion. Aides say that would push debate on the bill until Tuesday or later.

Burr opposes the measure largely because it would give the Food and Drug Administration authority to regulate tobacco. A substitute measure proposed by Burr would create an agency within the Health and Human Services Department rather than placing regulation at the FDA.

"What is so magical about putting this at the FDA?" Burr asked in debate Wednesday. "I'll tell you, because they've attempted to do it for 10 years. It is because when you put it there, over time you will be able to outlaw this product."

Burr is waging an uphill battle. The Senate Tuesday registered strong support for the bill, voting 84-11 to limit debate on proceeding to it.

Burr said Wednesday that he had made several changes to his alternative legislation since a similar measure that he offered was defeated in the Senate Health, Education, Labor and Pensions Committee.

"Let me put members on notice before they come down and make claims on it," Burr said. "It is not the same bill."

Sen. Kay Hagan, D-N.C., is co-sponsoring Burr's alternative bill. The two North Carolina senators have expressed concern about how FDA regulation of the tobacco industry would affect jobs in their state.

Reynolds American Inc. (RAI) and Lorillard Inc. (LO), two large tobacco companies, are based in North Carolina.

A major question at this point is whether supporters of a "cash for clunkers" program will offer amendments that would create such a program. The aim of cash for clunkers is to provide vouchers to people with heavier-polluting cars looking to trade them in for new cars.

A spokesman for Sen. Dianne Feinstein, D-Calif., who could offer an amendment to create the auto program, said Feinstein has not decided a time frame for offering it. Sen. Debbie Stabenow, D-Mich., could also introduce a cash for clunker amendment.

Sen. Christopher Dodd, D-Conn., who has shepherded the bill through committee and Senate debate, on Wednesday discouraged colleagues from adding amendments to the bill.

"This is a delicate, fragile compromise," Dodd said. "If we're not careful here, we could fracture this and fall short of that 60 votes."

Dodd did not say specifically that he was opposed to the cash for clunkers measure, but did express reservations about a proposal by Sen. Mike Enzi, R- Wyo., to increase civil penalties for tobacco producers that violate federal laws.

An Enzi spokesman said the two are working to reach a compromise on the language.

-By Patrick Yoest, Dow Jones Newswires; 202-862-3554; patrick.yoest@ dowjones.com


  (END) Dow Jones Newswires
  06-03-091721ET
  Copyright (c) 2009 Dow Jones & Company, Inc.

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