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TOBACCO XXXX Voted Against Allowing the FDA to Regulate Tobacco Products. In June 2009, XXXX voted against a bill that would authorize the Food and Drug Administration to regulate tobacco products. The measure would allow the FDA to regulate nicotine levels, bar flavor additives in tobacco products and require new warning labels on cigarette packages and advertising. The new oversight would be funded by user fees on tobacco companies and importers, likely causing an increase in the price of cigarettes and other tobacco products. The bill passed 79-17. [CQ Today, 6/11/09; Vote 207, 6/11/09]  XXXX Voted Against Considering the Bill to Allow FDA to Regulate Tobacco. In June 2009, XXXX voted against limiting debate on legislation to authorize the Food and Drug Administration to regulate tobacco products, paving the way for passage. The bill would allow the Food and Drug Administration (FDA) to regulate the manufacturing, sale and promotion of tobacco products. The motion to invoke cloture was agreed to 67-30. [Vote 206, 6/10/09] XXXX Voted to Tax the Plaintiff’s Lawyers in Cases Against Big Tobacco. In 2004, XXXX voted for an amendment that would express the sense of the Senate that legislation should be enacted that would impose an excise tax on a plaintiff's attorney in tobacco litigation cases equal to 5 percent of the excess fee transaction that exceeds $20,000 per hour. The revenue would be used to pay for military equipment, including heavily armored Humvees, body armor, unmanned aerial vehicles and ammunition. [S 2400, Vote 100, 5/19/04] XXXX Voted to Shield Companies from Asbestos Related Lawsuits. In 2004, XXXX voted to invoke cloture (thus limiting debate) on the motion to proceed to the bill that would establish a fund to pay thousands of asbestos- exposure claims outside the court system via a no-fault fund of as much as $124 billion. The fund would be financed through contributions from defendant corporations and insurers, which would be shielded in return from most future lawsuits related to asbestos exposure. [S 2290, Vote 69, 4/22/04] XXXX Opposed Raising Cigarette Taxes to Pay for Health Services. XXXX voted against the Harkin amendment to the Fiscal Year 2005 Budget Resolution, which was an amendment to provide $2 billion for deficit reduction and $30.5 billion over five years for medical research and health services, such as tobacco cessation programs, mental health programs, and substance abuse programs, with the $32.5 billion offset by increasing the cigarette tax by 61 cents per pack. [Vote 46, 3/11/04] XXXX Voted to Limit Attorney Fees On Tobacco Settlements Over $100,000. In 2003, XXXX voted for an amendment that would have limited attorney fees on tobacco settlements of over $100,000 to 500 percent of the standard hourly rate and return the rest to the states that were their clients. [S 1054, Vote 161, 5/15/03] XXXX Voted Against National Tobacco Policy and Youth Smoking Reduction Act. In 1998, XXXX voted against the National Tobacco Policy and Youth Smoking Reduction Act. The bill would require the tobacco industry to pay $516 billion over 25 years for anti-smoking, education and research programs, raise taxes on cigarettes by $1.10 per pack over five years, grant authority to the Food and Drug Administration to regulate nicotine and impose penalties on the tobacco industry if youth smoking does not decrease by 60 percent over 10 years. [Vote 153, 6/10/98] XXXX Voted Against Using Tobacco Settlement to Stop Teen Smoking. In 1998, XXXX voted against a motion to waive the Congressional Budget Act of 1974 to permit consideration of the Conrad amendment to S.Con.Res.86, which was an amendment to permit the federal government to use its share of revenue from any tobacco settlement for programs to reduce child smoking, an increase in health research spending, transition assistance for tobacco farmers, and the financing of Medicare. [Vote 54, 4/1/98] MISCELLANEOUS XXXX Voted Against Increasing Women’s Access to Preventive Health Care and Screening Services. In December 2009, XXXX voted against an amendment by Barbara Mikulski to increase access to preventive health 188

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