Robert Byrd

Mr. BYRD

Mr. BYRD. Mr. President I wasn't here when the consent order was entered. But do I understand that no amendment in the second degree can be offered today?

Mr. BYRD. Mr. President, I do not seek any vote on my amendment today, but I have entered it earlier and I want to speak to it and officially call it up today. And it will be up on Monday for further debate and for amendment by other amendments. Amendment No. 339 (Purpose: To provide for injunctive relief in Federal district court to enforce State laws relating to the interstate transportation of intoxicating liquor)

Mr. BYRD. Mr. President, I want the clerk to report it in full.

Mr. BYRD. Mr. President, I have not asked for any action on this amendment, but I did want to have it read for the information of the Senate, and I want to speak on it briefly, after which I shall return to my office. Mr. President, over the past few days, many of my colleagues have come to this Chamber and, with heartfelt passion, offered proposals aimed at addressing the scourge of juvenile crime and violence. We have seen efforts to reduce the pervasiveness of violence and indecency on television and in the movies. We have seen efforts to provide the tools parents need in order to make the Internet a safe and educational environment for their children. We have observed proposals to increase criminal penalties for those who would seek to subvert our youth by introducing them to gangs or the drug culture; and we have had attempts to limit children's access to guns. Each of these has been, I believe, an honest effort toward seeking a much-needed solution to this national problem. And yet, despite these proposals, I am deeply concerned that we have overlooked an important element of this crisis--the problem of teen alcohol use--the problem of teen, t-e-e-n, alcohol use--more appropriately, perhaps, alcohol abuse. I have long been concerned about underage drinking. As a matter of fact, I am not an advocate of drinking at any age, but I recognize that not everybody seeks to pattern their own viewpoints and lives after my viewpoints. But especially--especially--I speak with reference to underage drinking. It takes an immense toll on our children and our society. The younger a child starts drinking, the more likely that child is to run into bad, bad trouble down the road. Research has shown, for example, that children who begin drinking before age 15 are four times more likely to develop alcohol dependence than those who abstain from such activity until the legal drinking age of 21. We also know that too many kids are drinking. If one kid is drinking, that is too many. I am not saying that with reference to this legislation. Obviously, if one is drinking, that is one too many. But for the purposes of this statement, let it stand as I say. We also know that too many kids are drinking. During the last month, approximately 34 percent of high school seniors, 22 percent of tenth graders, and 8 percent of eighth graders, have been drunk. That is hard to imagine. I started school in a two-room schoolhouse. I have said that many times, but I like to repeat it because there are still some of us here who remember those times. When I was later in high school, that would not have been tolerated. The parents would not have tolerated it. The community would not have tolerated it. The school principal, the teachers would not have tolerated it. Let me read that again. During the last month, approximately 34 percent of high school seniors--now that is a third of high school seniors--22 percent of the tenth graders; in other words, one-fifth of the tenth graders, and 8 percent of the eighth graders--think of that, 8 percent of the eighth graders--have been drunk! What is going on here? Drunk. How can that happen if there is a parent who observes the responsibilities of a parent? How can a drunk child avoid the observation of the parent? Yes, I said drunk! And, in the most tragic of statistics, we know that, in 1996, 5,233 young people ages 15 to 20 died in alcohol-related traffic accidents--5,233 lives cut short for what? Mr. President, 5,233 young people ages 15 to 20 died, and that means for a long, long time-- died in alcohol-related traffic accidents. These statistics should be a cause for great concern not just among Senators, but for everyone throughout this Nation. Everybody. The churches ought to be up in arms about it. Legislators ought to be up in arms about it. The administration ought to put forth a crusade, not just a word here and there, tippy-toeing around. There ought to be a real crusade like the crusade that has been effectively carried on against smoking. Why not have a national crusade against drinking and especially concerning young people in school? Something is wrong. Mr. President, we should also be concerned that, with direct-to- consumer sale of alcohol, children can now get beer, wine, or liquor sent directly to their homes by ordering from catalogues or over the Internet. What a shame. Again, I have to point my finger at the parents. What a shame. Children can now get beer, wine or liquor sent directly to their homes by ordering from catalogs or over the Internet. Unfortunately, these direct-to-consumer sales work to undermine the extremely important controls currently in place in many of our States. Consequently, I am offering this amendment, on behalf of myself and Senator Kohl, in an effort to give States the opportunity to close that loophole and go after those who sell alcohol illegally to children. The Webb-Kenyon Act, a Federal statute dating back to the early part of this century, makes clear that States have the authority to control the shipment of alcohol into the State. Unfortunately, recent court decisions have maintained that the statute provides no enforcement mechanism. In the 1997 case of Florida Department of Business Regulation v. Zachy's Wine and Liquor, for example, the State of Florida was prohibited from enjoining four out-of-State direct shippers on the grounds that neither the 21st amendment to the Constitution, nor the Webb-Kenyon Act, gave the State a Federal right of action for failure to comply with State liquor laws. Thus, as a result of this and other court decisions, the ability of States to vigorously enforce their prerogatives under the 21st amendment and the Webb-Kenyon Act against out-of-State defendants is extremely limited at the very time when illegal alcohol shipments are burgeoning. This amendment would remedy this problem by stating unequivocally--no ands, ifs, or buts; unequivocally--that States have the right to seek an injunction in Federal court to prevent the illegal, interstate sale of alcohol in violation of State law. I am not saying you cannot sell it. I am simply saying that we should obey State laws by not selling alcohol to children--or expect to pay the consequences. This amendment is based on legislation originally introduced earlier this year by the distinguished Senator from Utah, Mr. Hatch. The distinguished Senator from Utah has been at the forefront of this issue, and I thank him for his leadership on this important matter. In addition, Senator Kohl is a cosponsor of my amendment and I sincerely thank him as well for his steadfast support. Beyond my colleagues here in the Senate, though, this legislation has garnered diverse support. Organizations favoring this amendment include the American Academy of Pediatrics, the International Association of Chiefs of Police, the Wine and Spirits Wholesalers of America, the National Beer Wholesalers Association, the National Licensed Beverage Association and the National Alcohol Beverage Control Association. Mr. President, let me be clear about what my amendment does. It simply clarifies that States may use the Federal courts to obtain an injunction to prevent the illegal shipment of alcohol. It does not overturn or interfere with any existing State law or regulation. It would have no impact on those companies that are selling alcohol products in accordance with State laws. It would not impede legal access to the marketplace. In fact, there are distributors who have offered to sell the products of any wine manufacturer, no matter how small that company might be. My amendment would have no impact on those who are using the Internet to sell alcohol products legally. In sum, companies would remain free to utilize any marketing or sales process currently permitted under State law. That is why companies that legally sell alcohol over the Internet, such as Geerlings and Wade, have endorsed this legislation. The legislation would only impede those who use the Internet or other marketing techniques to avoid compliance with State alcohol laws. Mr. President, as the Senate addresses the pernicious problem of youth crime and violence, I urge my colleagues to join me in addressing this important facet. We should not--indeed, we cannot--turn a blind eye to those who would, and do, violate State laws governing the sale of alcoholic beverages. The laws regulating alcoholic beverages are in place because such products can be--can be--a dangerous product. It should not be shipped to minors. It should not be shipped into States in violation of those States' laws. Congress should act now and ensure that the laws regulating the interstate shipment of alcohol are not rendered meaningless. Mr. President, that completes my statement. I yield the floor.

Mr. BYRD. Mr. President, I certainly have no objection to the Senator sending her amendment to the desk. Wait, Mr. President. Is this amendment a second-degree amendment?

Mr. BYRD. Will the Senator yield?

Mr. BYRD. I have two amendments that have been agreed upon for calling up. One of those I will not call up, if I may yield that slot to the distinguished Senator from California.

Mr. BYRD. I thank the Senator. Amendment No. 354 (Purpose: To modify the laws relating to interstate shipment of intoxicating liquors)

Mr. BYRD. If the distinguished Senator from California wishes to say something, I would be glad to yield for a statement.

Mr. BYRD. I ask unanimous consent that measure be temporarily laid aside so I may offer an amendment.

Mr. BYRD. Do I still have the floor?

Mr. BYRD. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. BYRD. I would be glad to yield.

Mr. BYRD. It catches no one by surprise. I yield to the Senator.

Mr. BYRD. Mr. President, may I speak for 1 minute? This amendment has been printed in the Record. It is at the desk. So I have conformed with the request to get our amendments in. It was in yesterday's Congressional Record.

Mr. BYRD. I am told I could offer the amendment. I am glad to yield, however.

Mr. BYRD. May I say to the Chair, I am recognized.

Mr. BYRD

Mr. BYRD. Mr. President, I thank our friend, the distinguished Senator from New Mexico. He is always most generous in his remarks concerning me and I am very grateful. When I saw his fine wife this morning as I came into the Capitol, I started the day off right. I thank the Senator for his kind words.

Mr. BYRD. Let me thank the Senator for his courtesy, for his patience in allowing me to proceed. I think I took a bit of advantage of his being off the floor temporarily. I thank him very much for his kind words, especially about West Virginia.

Mr. BYRD. Mr. President, May 2-8 is National Tourism Week, and I would like to take a few minutes to encourage anyone planning their summer vacation--and this is the time; this is the time to plan the summer vacation. Let me tell you where the place is. This is the place: West Virginia. Anybody who is planning the summer vacation--or looking farther ahead to next year's winter vacation--should consider my favorite destination: West Virginia. I have been in Rome. I have traveled to Agra. I have seen the Taj Mahal. I have walked in the shadows of the pyramids. I have seen the Pantheon and the Parthenon. I have met with great leaders all over the world, face to face, such as the late President Sadat and Generalissimo Chiang Kai-Shek. I joined with the Generalissimo and the madam on their birthday up at Sun Moon Lake many years ago. But let me tell you, after having been to these four points of the compass, my favorite destination is still West Virginia. And I have visited Texas, may I say to my friend, the senior Senator from the Lone Star State. I made 26 speeches in the Bible Belt of Texas in 1960. I traveled over the northeastern part of Texas making speeches--26 in 3 days. I even took my fiddle with me and played a few tunes. Anyhow, there is just nothing like West Virginia. That is my favorite destination. Within an easy drive of much of the Nation, West Virginia offers one delight after another, whether for families, adventurers, romantic couples, or groups. If you are interested in history, may I say to my Senate colleagues, West Virginia has plenty, from delicate millennia-old fern and trilobite fossils embedded in her coal seams and rock outcroppings to the monumental burial mounds of the mysterious Adena people that date back to 1000 B.C. And I can tell you about history that goes much farther back than that. Frontier forts that mark West Virginia's time at the leading edge of American expansion are scattered across the State, and are populated with costumed, re-enactors who can weave fascinating true stories of the sometimes harrowing escapades experienced by our Nation's early settlers. Point Pleasant, WV, marks the site of the first land battle of the Revolutionary War. Numerous Civil War battlefields abound from West Virginia's tumultuous birth as a State, none more famous than Harper's Ferry, where in 1859 abolitionist John Brown led a raid on the U.S. arsenal, sparking a chain of events leading to that epic struggle. Industries that sparked a different kind of revolution still operate in West Virginia, from the steel mill in Weirton, WV, where we have the largest ESOP in the world--that is, Employee-Stock Option Plan--to the coal mines in southern West Virginia. In Beckley, you can visit a coal mine and see firsthand the danger and effort involved in extracting the compressed energy that still provides almost half of the Nation's electricity. And those who love classic locomotives would feel at home there, as several steam excursions offer the opportunity to chug behind a puffing engine as it clickety-clacks through scenes of pastoral harmony. West Virginia's history sings through the music festivals scheduled across the state throughout the year, ranging from classical to country, bluegrass to jazz. History also comes to life in the fine crafts produced in small village potteries and quilting bees as well as by storied West Virginia glass makers whose wares have been presented to presidents and foreign heads of state. And history continues to be made by her artisans, musicians, and writers, many of whom are accessible at craft and music festivals, or through factory tours. West Virginia is not just for lovers of history, however. It is also for lovers of fun. The state boasts a great array of state parks with lodges and cabins perfect for family entertainment. All these one can see in West Virginia. At these public parks, as well as at many privately-owned facilities, activities can be found to suit everyone in the family, from golf courses designed by the greats in the game to horseback riding along mountain trails, from fishing in coursing streams or placid lakes to hiking to breathtaking vistas, and, of course, skiing at five major ski resorts. Every season in West Virginia offers its own attractions. In the springtime, coursing white water thunders through rocky causeways bedecked in snowy rhododendron and dogwood, vibrant redbud and delicate trillium. In summer, cool springs bubble in shadow-filled woods where wild ginseng grows, while in meadows, Queen Anne's Lace, purple coneflowers, golden Rudbeckia, and blue chicory weave a madras plaid of wildflowers as ruby throated hummingbirds flit among the honeysuckle. In the fall, West Virginia's sugar maples, tulip poplars, sweetgums, and hickories flame in colors rivaling any in New England, and herds of whitetail deer and flocks of elusive wild turkeys fatten on the beechnuts, walnuts, and acorns. Winter's snows fall thick and white, creating an austerely beautiful palette of linear grey, black, and blue shadows on the hillsides that make the color and light of numerous Christmas festivals a welcome contrast. If enjoying the scenery is not enough for the daredevil in you, then see if you can tame Seneca Rocks with a pair of climbing shoes, a bag of chalk, and a length of rope. Venture into the depths of Organ Cave in Ronceverte, where Thomas Jefferson, when he visited, did little more than sample the over forty miles of passages that have been mapped to date. Or challenge the mighty Gauley River, or the wild and scenic New River, in a raft or kayak, to learn just how powerful and devious a few thousand cubic feet of water can be when they are moving at great speed over car-sized boulders. Set your mountain bike upon trails that will strain your thighs as well as your bike brakes. Then, to relax, float lazily down the South Branch of the Potomac River in West Virginia, where it still looks as it must have to the early settlers, with mist rolling off the crystal waters as they wend their way between canyon- like walls, with bald eagles soaring overhead. When the day is done, you can count on good food and a soft pillow anywhere in West Virginia. Bed and Breakfast establishments cater to every fancy, from homespun log cabins bedecked in quilts to antique- filled `stately ladies' whose names reflect their historic pasts. Romance is easy to find before a crackling fire laid on a stone grate or on a porch swing overlooking the last violet rays of sunset. Hidden in the hills, too, are grand resorts and spas offering every amenity for the weary traveler. Some colonial-era spas are still active, while others have been more recently developed, but all offer blissful relaxation. Some also offer award-winning water. Berkeley Springs was founded by George Washington and others and originally called Bath after the spa town in England. The world famous Greenbrier in White Sulphur Springs lists royalty as well as Presidents, Senators, and Governors in its guest book. The comforts of your home away from home may make it difficult to get out of bed, but the allure of shopping is strong in those hills. Outlet malls with true bargains compete with artist studios, artisan workshops, and factory stores to fill your car trunk, but with only a little planning, your Christmas and birthday giving may be highlighted by unique and thoughtful treasures. Of course, the greatest treasure in West Virginia is her people. Friendly, smiling, and helpful, they can even make getting lost a pleasurable adventure. So do come, do come and share in the beauty, in the history, in the romance, in the adventure that is West Virginia. Come a tourist and leave a friend. I hope I have sparked a little curiosity in the state that I am so proud to represent. As long winded as politicians are reputed to be, and it may be the case in my instance, I could filibuster for days on the things to see and do in West Virginia without beginning to name everything. For more information, come by and visit my office. My staff will give you a telephone number for the State's official travel guide so you can visit West Virginia, and you can also find a lot of these things on the World Wide Web. I yield the floor and I thank Senators for listening.

Mr. BYRD

Mr. BYRD. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. BYRD

Mr. BYRD. Mr. President, I thank the Chaplain for his prayer. This is a nation which, in the words of Benjamin Franklin, believes in the scriptures and particularly that scripture to which Franklin called the attention of the other framers of the Constitution in Philadelphia in 1787: Except the Lord build the house, they labour in vain that build it: except the Lord keep the city, the watchman waketh but in vain. We, the colleagues of the Senators from Oklahoma and Kansas, share their concern about the people who have lost lives, loved ones, and property. Our hearts go out to their constituencies and to them as well as they serve their people every day.

Mr. BYRD

Mr. BYRD. Mr. President, let me read the resolving clause of the resolution on which we are about to vote. (1) The Senate commends the Reverend Jesse Jackson for his successful efforts in securing the release of Sergeant Ramirez, Sergeant Stone, and Specialist Gonzales and for his leadership and actions arising from his deep faith in God; and (2) The Senate joins the families of Sergeant Ramirez, Sergeant Stone, and Specialist Gonzales in expressing relief and joy of their safe release. Mr. President, I yield the floor.

Mr. BYRD

Mr. BYRD. Mr. President, I ask unanimous consent that I may proceed for 2 minutes.

Mr. BYRD

Mr. BYRD. I thank the Chair. I presume that the Pastore rule has expired for the day?