United States

Behind the Scenes

A new Congress brought the first efforts in years to meaningfully address the nation’s tobacco epidemic at the federal level.

Prior to being sworn in as Speaker in January, Rep. Nancy Pelosi announced that smoking would no longer be allowed in the U.S. Capitol. This measure protects Members of Congress, congressional staff, interns, pages, volunteers and visitors to the Capitol from the dangers of secondhand smoke, and also signaled a new day for tobacco control efforts before the U.S. Congress.

In February, the Senate Committee on Health, Education, Labor and Pensions held the first hearing ever on the Family Smoking Prevention and Tobacco Control Act, legislation that would give the U.S. Food and Drug Administration the authority to regulate tobacco products. On a bipartisan 13 to 8 vote, the committee in August sent the legislation to the full Senate for action, where it is currently pending. In October, the House of Representatives’ Energy and Commerce Committee Subcommittee on Health held a hearing on the legislation. The subcommittee and full committee must consider amendments and vote to send the legislation for consideration by the full House. As of December 2007, 55 Senators and 211 Representatives have cosponsored this legislation. Significant progress has been made to advance this vital public health measure and the lung Association remains optimistic that it will become law in 2008.

The Congress also voted to increase the federal cigarette tax by $0.61 to $1.00. However, the tax and the program it was increased to fund—the State Children’s Health Insurance Program, known as SCHIP—were subsequently vetoed by President Bush. As of December 1, 2007, no compromise had been reached and therefore the increase in the federal excise tax will not go in effect. While this bipartisan proposal would not result in any funds dedicated to cessation, the substantial increase in the tax would have resulted in current smokers quitting as well as fewer kids starting to smoke.

Congress again failed to take action to implement proposals suggested by the U.S. Department of Health and Human Services-appointed Interagency Committee on Smoking and Health from 2003. While the Medicare prescription drug benefit covers smoking cessation drugs, the federal government does not require states to fund cessation coverage for Medicaid recipients, including pregnant women. In 2007, legislation was introduced in the House and Senate that would encourage states to provide tobacco cessation coverage to pregnant women enrolled in Medicaid programs.

Finally, the president again failed to submit the Framework Convention on Tobacco Control, the international tobacco control treaty, to the Senate for ratification even as the treaty has become international law and 151 nations have ratified the treaty as of 2007. The United States will remain unable to participate in international negotiations to implement and enforce the treaty until the pact is ratified by the Senate.