Source: New York Times (NY) Contact: http://www.nytimes.com/ Pubdate: Mon, 27 Apr 1998 Author: Alison Mitchell WARFARE OVER TOBACCO BILL COULD MAKE IT OR BREAK IT WASHINGTON -- Remember Bob Dole's gaffe on the presidential campaign trail, when he questioned whether tobacco was addictive? Republicans vowed they would not fall into that trap a second time. But lately House Republican leaders have opened themselves up to charges by Democrats that they are tone-deaf on tobacco once again. Speaker Newt Gingrich told a crowd at a fund-raiser last week that teen-age smoking "has nothing to do with Joe Camel," and instead blamed Hollywood. His second in command, Rep. Dick Armey of Texas, said that he, just like the speaker, did not consider comprehensive tobacco legislation under consideration by the Senate "the appropriate bill." Asked at his weekly news conference if he could explain the reason for his opposition, Armey said, "No, I can't." When asked why not, Armey, the House majority leader, answered, "Because I don't want to." Democrats, who are seeking to take back the House, were quick to pounce. They showed up on the Capitol lawn with a poster of a doctored Joe Camel advertisement that had Gingrich's face superimposed over that of the highly recognizable dromedary. "Smokin' Newt and the Hard Pack," said the headline. "We are prepared to make this a political issue in the fall," said Rep. Vic Fazio, D-Calif., "if the Republicans fail in their responsibilities as the leaders of this institution." The give-and-take highlights how the quest for comprehensive tobacco legislation has become enmeshed in election year politics, with no one sure whether the political warfare will propel comprehensive legislation crafted by Sen. John McCain, R-Ariz., or help kill it. The measure requires tobacco companies to pay $516 billion over 25 years and raises the price of cigarettes by $1.10 a pack by 2003. This is an issue that puts Republicans in a particular bind. When President Clinton chose a crusade against tobacco and teen-age smoking designed to appeal to suburban mothers from swing districts in 1996, he caught Dole flat-footed. House Republicans, to be sure, do not want to look insensitive to teen-age smoking. But the legislation taking shape in the Senate is offensive to conservatives who do not like government regulation of business or new taxes, in this case on cigarettes. "You're talking about levying a tax on people, in many instances poor people to pay for other things," said Rep. Robert Livingston, R-La. "I don't think that's what we as Republicans were elected to do." By building their majority in the House by taking the South away from the Democrats, Republicans have taken on more of the problems, and must weigh the concerns, of the tobacco states. The Republican Party has thrived on tobacco money, receiving far more in donations from the industry than the Democrats. But congressional Democrats, who hope to wield tobacco against the Republicans in the fall, acknowledge that even their own internal polling shows that public attitudes toward tobacco can be complex. Americans are overwhelmingly opposed to teen-age smoking and to the tobacco companies, but they also dislike cigarette taxes, pollsters say. "It's clear that people want a policy that is about youth smoking rather than about just raising revenue," said Geoffrey Garin, a Democratic pollster. After a Wall Street Journal/NBC News poll came out last week showing that 37 percent of the public considers proposed tobacco legislation too tough and only 32 percent view it as about right, Gingrich circulated a letter to Republican House members. "What these results show is that the American people don't want us to pass just any bill on tobacco," he wrote. "They want us to pass the right bill to protect our children from drugs and tobacco." The tobacco industry is seeking to turn public sentiment further against McCain's bill by framing the debate with advertisements in newspapers and a television advertising campaign. "Washington is going haywire again, and pursuing its old agenda of tax and spend, without worrying about the consequences," says one of the industry print advertisements, which is being amplified by two 30-second television spots running in 40 markets. Clinton, in contrast, is trying to keep the debate focused on protecting teen-agers. "Both policy-wise and public communication-wise this settlement is about closing the chapter on what the industry has done over the last couple of decades in targeting children," said Rahm Emanuel, Clinton's senior adviser. Sen. Trent Lott of Mississippi, the majority leader, has said he plans to bring the McCain bill to the floor. In this environment, House Republicans believe they will be able to protect themselves in the fall campaigns by passing a series of anti-smoking bills that stop short of McCain's measure, which also provides new authority to the Food and Drug Administration to regulate nicotine. Gingrich said last week that he was prepared to significantly raise the price of cigarettes "with two conditions" -- that the price increase not lead to a black market in cigarettes and that "the tax increase be returned to the American people in a tax cut preferably related to health issues." Many Democrats in contrast want a measure that is tougher on tobacco than McCain's bill. That creates a complex balancing act and could mean that Clinton will have to decide what he wants more: tobacco legislation or a campaign issue. Last week he seemed to be seeking both. Even as he and Vice President Al Gore assailed the Republicans on tobacco on two successive days, the White House pursued quiet negotiations to produce a bill. Democrats for their part are mapping out their line of attack for the midterm elections -- and pointing to the Republicans' history of taking millions of dollars in contributions from the tobacco industry. "Whatever complexity there is to public opinion on this question there is no political virtue to being on the side of the tobacco companies," Garin said. "I guess we'll end up hearing a lot about the Republicans' tobacco money in the fall."