[Congressional Record (Bound Edition), Volume 154 (2008), Part 14]
[House]
[Pages 19526-19529]
[From the U.S. Government Publishing Office, www.gpo.gov]




    CELEBRATING 75 YEARS OF EFFECTIVE STATE-BASED ALCOHOL REGULATION

  Mr. COHEN. Mr. Speaker, I move to suspend the rules and agree to the 
concurrent resolution (H. Con. Res 415) celebrating 75 years of 
effective State-based alcohol regulation and recognizing State 
lawmakers, regulators, law enforcement officers, the public health 
community and industry members for creating a workable, legal, and 
successful system of alcoholic beverage regulation, distribution, and 
sale.
  The Clerk read the title of the concurrent resolution.
  The text of the concurrent resolution is as follows:

                            H. Con. Res. 415

       Whereas throughout American history, alcohol has been 
     consumed by its citizens and regulated by the Government;
       Whereas prior to the 18th Amendment to the Constitution, 
     which established Prohibition in the United States, abuses 
     and insufficient regulation resulted in irresponsible 
     overconsumption of alcohol;
       Whereas passage of the 18th Amendment, which prohibited 
     ``the manufacture, sale, or transportation of intoxicating 
     liquors'' in the United States, resulted in a dramatic 
     increase in illegal activity, including unsafe black market 
     alcohol production, organized crime, and noncompliance with 
     alcohol laws;
       Whereas the platforms of the 2 major political parties in 
     the 1932 presidential campaigns advocated ending national 
     Prohibition by repealing the 18th Amendment;
       Whereas on February 20, 1933, the 2nd Session of the 72nd 
     Congress submitted to conventions of the States the question 
     of repealing the 18th Amendment and adding new language to 
     the Constitution that the transportation or importation of 
     alcoholic beverages for delivery or use in any State would 
     have to be carried out in compliance with the laws of the 
     State;
       Whereas on December 3, 1933, Utah became the 36th State to 
     approve what became the 21st Amendment to the Constitution, 
     the quickest-ratified amendment and the only ever decided by 
     State conventions, pursuant to article V of the Constitution;
       Whereas alcohol is the only product in commerce that has 
     been the subject of 2 constitutional amendments;
       Whereas Congress's reenactment of the Webb-Kenyon Act, 
     passage of the Federal Alcohol Administration Act, the 21st 
     Amendment Enforcement Act, annual appropriations to support 
     State enforcement of underage drinking laws, and the STOP 
     Underage Drinking Act demonstrated the longstanding and 
     continuing intent of Congress that States exercise their 
     primary authority to achieve temperance, the creation and 
     maintenance of orderly and stable markets, and the 
     facilitation of the efficient collection of taxes;
       Whereas legislatures and alcoholic beverage control 
     agencies in the 50 States have worked diligently to implement 
     the powers granted by the 21st Amendment for 75 years;
       Whereas legislatures and alcoholic beverage control 
     agencies in all States created and maintain State-based 
     regulatory systems for alcohol distribution made up of 
     producers and importers, wholesale distributors, and 
     retailers;
       Whereas development of a transparent and accountable system 
     of distribution and sales, an orderly market, temperance in 
     consumption and safe practices, the efficient collection of 
     taxes, and other essential policies have been successfully 
     guided by the collective experience and cooperation of 
     government agencies and licensed industry members throughout 
     our geographically and culturally diverse Nation;
       Whereas regulated commerce in alcoholic beverages 
     contributes billions of dollars in Federal and State tax 
     revenues and additional billions to the economy annually;
       Whereas 2,500 breweries, distilleries, wineries, and import 
     companies, 2,700 wholesale distributor facilities, over 
     530,000 retail outlets, and numerous agricultural, packaging, 
     and transportation businesses support the employment of 
     millions of Americans;
       Whereas the American system of State-based alcohol 
     regulation has resulted in a marketplace with unprecedented 
     choice, variety, and selection for consumers;
       Whereas members of the licensed alcoholic beverage industry 
     have been constant partners with Federal and State 
     Governments in balancing the conduct of competitive 
     businesses with the need to control alcohol in order to 
     provide American consumers with a safe and regulated supply 
     of alcoholic beverages; and
       Whereas members of the licensed alcoholic beverage industry 
     have created and supported a wide range of national, State, 
     and community programs to address problems associated with 
     alcohol abuse, including drunk driving and underage drinking: 
     Now, therefore, be it
       Resolved by the House of Representatives (the Senate 
     concurring), That Congress--
       (1) celebrates 75 years of effective State-based alcohol 
     regulation since the passage of the 21st Amendment;
       (2) recognizes State lawmakers, regulators, law enforcement 
     officers, the public health community and industry members 
     for creating a workable, legal, and successful system of 
     alcoholic beverage regulation, distribution, and sale; and
       (3) continues to support policies that allow States to 
     effectively regulate alcohol.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Tennessee (Mr. Cohen) and the gentleman from Texas (Mr. Smith) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Tennessee.


                             General Leave

  Mr. COHEN. Mr. Speaker, I ask unanimous consent for all Members to 
have 5 legislative days to revise and extend their remarks and include 
extraneous material on the resolution under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Tennessee?

[[Page 19527]]

  There was no objection.
  Mr. COHEN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise today in support of H. Con. Res 415, which 
celebrates 75 years of successful State-based alcohol regulation.
  I want to commend the gentleman from North Carolina (Mr. Coble) for 
introducing this measure. It's the same as H. Con. Res 341, introduced 
by the gentleman from Michigan (Mr. Stupak), which has 98 bipartisan 
cosponsors, and S. Res. 551, introduced by the senior Senator from 
Montana, Senator Baucus, which has 14 cosponsors, also in a bipartisan 
manner.
  Seventy-five years ago--nearly to the day--on December 5, 1933, the 
21st amendment to the Constitution of this country was passed. It 
repealed prohibition, a great mistake in the social era in this 
country, and the 21st amendment was ratified by the people in 
constitutional form. It brought an end to a misguided experiment and 
ushered in a new system of legal regulation of alcohol beverages. 
Previously, we had an illegal system that encouraged organized crime 
and worked against the public's wishes.
  Section 2 of that amendment states that ``the transportation or 
importation into any State, Territory, or possession of the United 
States for delivery or use therein of intoxicating liquors in 
violations of the laws thereof is hereby prohibited.'' The effect of 
section 2 was to entrust regulation of alcoholic beverages to the 
States.
  Under the 21st amendment, and the terms of the Webb-Kenyon Act which 
implemented it, States have done an outstanding job exercising their 
primary authority to regulate this industry composed of producers, 
importers, wholesale distributors and retailers, often dubbed the 
``three tier system'' by such knowledgeable and legendary individuals 
as Tom Hensley.
  This has been a successful approach, and we have not had occasion to 
reconsider it. It is a system that provides transparency and 
accountability. It is one that prizes public safety in which the 
industry works with State lawmakers--of which I was one for 24 years 
and served on the State and local government committee in Tennessee 
that had the responsibility of ensuring that the three-tier system 
worked and the public was protected.
  Public health officials and law enforcement people also worked on 
this to provide quality products to consumers and ensure the 
responsible use of alcoholic beverages. Through this partnership with 
the Federal Government, we have pursued efforts to eliminate alcohol 
abuse, underage drinking, drunk driving, and other problems associated 
with the abuse of alcoholic beverages.
  I commend Mr. Stupak of Michigan and Mr. Coble of North Carolina for 
their leadership on this resolution, which commemorates the end of a 
failed experiment, prohibition, and the establishment of a system that 
served the citizens of this Nation well for over three-quarters of a 
century.
  I urge my colleagues to support this important legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. SMITH of Texas. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, this resolution is more symbolic than substantive. It 
will not change the way the alcohol industry distributes their 
products, and it will not change the way States regulate alcohol 
distribution. But regrettably, it does celebrate the ``successful 
system of alcoholic beverage regulation, distribution and sale.''
  My opposition is not a reflection on those who support this 
resolution; it is just that I am uneasy about Congress considering a 
resolution with this purpose.
  Certainly, the alcoholic beverage industry is a legitimate one. I 
have hardworking business owners in my district who create jobs and pay 
taxes. Most brewers, distributors and retailers try to ensure that 
alcohol is made, transported and sold in a safe and legal manner. 
However, the abuse of alcohol causes incalculable pain and suffering. 
It has cost thousands of lives, devastated families, and ruined the 
mental and physical health of many Americans. For the same reason, I 
would voice concerns about a resolution celebrating the ``successful 
distribution'' of cigarettes and tobacco products.
  According to Mothers Against Drunk Driving, alcohol ranks as a 
leading cause of death among young people age 10 to 24 due to motor 
vehicle crashes, unintentional injuries, homicide and suicide. Vehicle 
accidents have become the number one cause of death for teens in the 
U.S., over one-third are alcohol related.
  And although States have passed laws to prevent individuals from 
driving while under the influence of alcohol, a huge number of alcohol-
related deaths occur on roads across the Nation. The National Highway 
Traffic Safety Administration found that last year drunk driving killed 
almost 13,000 people.
  I do appreciate efforts of the alcoholic beverage industry, small 
businesses and distributors to keep alcohol out of the hands of minors. 
However, reports tell us that 33 percent of 12th graders still drink 
beer on at least a monthly basis and over 70 percent say that beer is 
easy to get.
  When Congress can attest that alcohol is no longer easily accessible 
to teens, that alcohol no longer contributes to 13,000 accident deaths 
each year, and that alcohol no longer devastates families and 
individuals, then a resolution celebrating the ``successful 
distribution'' of alcohol might be in order. Until then, I continue to 
have concerns with this resolution.
  Mr. Speaker, I reserve the balance of my time.
  Mr. COHEN. Mr. Speaker, I reserve the balance of my time.
  Mr. SMITH of Texas. Mr. Speaker, I yield such time as he might 
consume to my good friend and colleague from North Carolina (Mr. 
Coble).
  Mr. COBLE. Mr. Speaker, first of all, I want to thank the 
distinguished gentleman from Texas who serves very ably as our ranking 
Republican on the House Judiciary Committee.
  Mr. Speaker, I rise tonight in support of H. Con. Res 415. This 
resolution celebrates the 75th anniversary of the end of Prohibition. 
Furthermore, it recognizes our effective regulation of alcohol by State 
and local governments and the dedication of our State lawmakers, 
regulators, law enforcement officers, the public health community, and 
industry members for creating a workable, legal and successful system 
of alcohol regulation, distribution and sale.
  Prohibition, Mr. Speaker, began in 1919, when the 18th amendment was 
ratified. This led to a dramatic increase in illegal activity, 
including unsafe black market alcohol production, a growth in organized 
crime, and increasing noncompliance with alcohol laws. As a result, 
only 14 years later, on December 5, 1933, the 21st amendment was 
ratified, which repealed Prohibition and granted to the States control 
of alcohol.
  The 21st amendment wisely established a State-based regulatory system 
for alcohol. This has permitted each State to adopt laws that reflect 
the views of its citizens. The result has been one of most 
comprehensive and community-sensitive alcohol regulatory programs in 
the world. Furthermore, it has created a safe and reliable marketplace 
for alcohol. Our consumers are free now from the threat of the harmful 
chemicals that were unknowingly consumed during the Prohibition Era.
  For 75 years, local regulation has worked well. And while alcohol 
laws are continually tweaked and improved, adjusted and amended, our 
beer, liquor and wine providers have worked diligently together with 
regulators to ensure that public health and safety are first and 
foremost.
  Many beer distributors who strongly support this resolution and 
recently concluded their national meeting in San Francisco play a vital 
role in their respective communities by sponsoring a vast array of 
programs that promote responsible consumption. The programs range from 
providing free taxi rides home for restaurant patrons who do not have a 
designated driver, to sponsoring alcohol-free after prom

[[Page 19528]]

events and producing educational materials to assist parents in talking 
to their children about underage drinking.
  Distributors also promote alcohol education initiatives that bring 
guest speakers into local schools and community centers. Some of these 
speakers who have made mistakes about alcohol, just as the 
distinguished gentleman from Texas mentioned earlier, became reckless 
and abandoned discretion and responsible drinking, but they have 
overcome those mistakes and have lived to retell their stories, and 
therefore, encourage others not to make the same mistakes.
  The beer industry, Mr. Speaker, I'm sure in probably every district 
represented on this floor, creates innumerable job opportunities. The 
beer industry, furthermore, has spent nearly $700 million in 
communities across the country to fight and oppose drunk driving, 
underage drinking, and promote responsible consumption of alcohol 
through public safety, prevention and education campaigns.
  Additionally, the National Beer Wholesalers Association was 
instrumental in working with Congress to pass the STOP Underage 
Drinking bill, which was signed by President Bush in December of 2006.

                              {time}  2000

  Mr. Speaker, there are many alcohol vendors in my district in North 
Carolina who devote enormous amounts of time and money to improve the 
lives of people in our communities. They have openly supported 
community efforts for organizations such as United Cerebral Palsy, the 
Special Olympics, law enforcement, the Greensboro Children's Museum, 
the Greensboro Economic Development Partnership, the Rockwell Project 
for alcohol awareness at Greensboro area high schools, the Hospice of 
Greensboro, and others.
  Many of these vendors have also unanimously supported countless other 
efforts throughout the Sixth District of North Carolina. I'm sure many 
of you can duplicate that in your respective districts.
  The benefits vary from community to community. While there are sound 
reasons that alcohol should be regulated, it is clear to me that we 
should recognize and celebrate the 75th anniversary of the end of 
Prohibition.
  I encourage my colleagues to support H. Con. Res. 415.
  Again, I thank the gentleman from Texas for having yielded to me.
  Mr. COHEN. I appreciate Mr. Coble's and Mr. Smith's comments.
  Mr. Smith, of course, comes from a city in Texas that my predecessor, 
the Congressman from West Tennessee in the 1800s--Davy Crockett--went 
to. Unfortunately, it was the last city that Congressman Davy Crockett 
went to. I was noticing, in going through the Halls here, that Sam 
Houston, who left my State, went to be Governor of your State. So Texas 
and Tennessee have a lot in common. If it weren't for Tennessee, we 
probably wouldn't have a Texas, so it's wonderful to work with you 
today on this particular resolution.
  As I look around the Chamber here, there are great lawmakers, 
including Moses and Moses Maimonides. In Tennessee, we have a Bob Moses 
who had a lot to do with this three-tiered system, and he did a lot of 
work on it.
  We don't have any further speakers. I'd like to inquire as to how 
many more speakers the gentleman from Texas might have.
  Mr. SMITH of Texas. Mr. Speaker, before yielding back the balance of 
my time, I do want to thank my friend and colleague on the Judiciary 
Committee, Mr. Cohen, the gentleman from Tennessee, for those nice 
comments. He is right to point out the connections between Texas and 
Tennessee. Frankly, I think they're a source of great interest and 
pride to residents of both States. I certainly appreciate his 
friendship. I appreciate the way he has conducted this debate tonight 
as well.
  I yield back the balance of my time.
  Mr. COHEN. Mr. Speaker, on a personal matter, I will note that 
sometimes people see these bodies, and they think of our being 
acrimonious or not bipartisan. There is nobody I've enjoyed working 
with more than these two gentlemen on the Judiciary Committee, these 
Members on the other side of the aisle. We do work together a lot of 
times, and there is friendship, and there is work camaraderie and 
respect that people can probably recognize from some of the debate.
  With that having been said, I would ask that we pass this resolution 
unanimously as introduced.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise today in support of H. 
Con. Res. 415, ``Celebrating 75 years of effective State-based alcohol 
regulation and recognizing State lawmakers, regulators, law enforcement 
officers, the public health community and industry members for creating 
a workable, legal, and successful system of alcoholic beverage 
regulation, distribution, and sale.''
  H. Con. Res. 415 celebrates a remarkable time in American history. It 
is worthy to remember how far the United States Government has come 
since its inception. With the ratification of the 21st Amendment, 
primary authority was delegated to the individual States, establishing 
the State-based regulatory system for alcohol distribution we still use 
today. The regulatory system has allowed each State to adopt individual 
laws that fit the beliefs of its citizens and still remains effective 
and in place today.
  This State-based system created the safest and most responsible 
alcohol marketplace in the world. It not only protects consumers from 
tainted or counterfeit alcohol, but also provides transparency, 
accountability, and tremendous choice and value for American consumers 
for 75 years.
  In 1919, following the passage of the 18th amendment, which 
prohibited ``the manufacture, sale or transportation of intoxicating 
liquors,'' the United States experienced a dramatic increase in illegal 
activity including unsafe black market alcohol production, a growth in 
organized crime and increasing noncompliance with alcohol laws. By the 
end of the decade, Gangster Al Capone controlled all 10,000 speakeasies 
in Chicago and ruled the bootlegging business from Canada to Florida. 
Numerous other crimes, including theft and murder, were directly linked 
to criminal activities in Chicago and elsewhere in violation of 
prohibition.
  Many social problems have been attributed to the Prohibition era. A 
profitable and typically violent, black market for alcohol flourished 
during the Prohibition Era. Stronger liquor surged in popularity 
because its potency made it more profitable to smuggle. The cost of 
enforcing Prohibition was high, and the lack of tax revenues on alcohol 
(some $500 million annually nationwide) affected government coffers.
  The 21st amendment is significant because when repeal of Prohibition 
occurred in 1933, organized crime lost nearly all of its black market 
alcohol profits in most States because of competition with low-priced 
alcohol sales at legal liquor stores. The post-Prohibition period saw 
the introduction of the American lager style of beer, which dominates 
today, such as Anheuser-Busch's Budweiser and Coors Brewing Company. 
Alcohol has been and still is a part of the American tradition. In my 
great State of Texas there are 75 breweries and eight of them are 
located in the city of Houston.
  Let us celebrate the Cullen-Harrison Act which Franklin D. Roosevelt 
signed into law in 1933, which once again, legalized the sale of 3.2 
percent beer, signaling the beginning of the end of the 13-year 
``failed experiment'' known as Prohibition.
  Mr. STUPAK. Mr. Speaker, I rise in support of H. Con. Res. 415, which 
would celebrate 75 years of effective state-based alcohol regulation 
since the repeal of Prohibition.
  On May 5, 2008, I introduced H. Con. Res. 341 with the gentleman from 
North Carolina, Mr. Coble, to recognize the 75th anniversary of the 
repeal of Prohibition and to commemorate the effective state-based 
regulation of alcohol.
  This legislation has 98 cosponsors.
  In order to bring the resolution to the floor today, Mr. Coble and I 
re-introduced it as H. Con. Res. 415.
  I thank the gentleman from North Carolina for working with me on this 
important resolution.
  In 1919, the 18th amendment prohibited ``the manufacture, sale or 
transportation of intoxicating liquors.''
  During Prohibition, the United States experienced a dramatic increase 
in illegal activity including unsafe black market alcohol production, a 
growth in organized crime, and increasing noncompliance with alcohol 
laws.
  It was not uncommon for consumers to fall victim to counterfeit or 
tainted alcohol, with disastrous results including blindness or brain 
damage.
  For example, the patent medicine Jamaica ginger, or ``Jake,'' was 
often consumed by

[[Page 19529]]

those desiring to circumvent the ban on alcohol. In response, the 
Treasury Department mandated changes in the formula to make it 
undrinkable.
  In an attempt to fool government testing, unscrupulous vendors would 
sometimes adulterate their Jake with an industrial plasticizer. As a 
result, tens of thousands of victims suffered paralysis of their feet 
and hands--usually, this paralysis was permanent.
  Other amateur distillers used old automobile radiators to distill 
liquor, and the resulting product was dangerously high in lead salts--
which usually led to fatal lead poisoning.
  On December 5, 1933, the United States ratified the 21st amendment, 
repealing Prohibition and restoring the control of alcohol regulation 
to the States.
  For 75 years, this regulatory system has allowed each state to adopt 
individual laws that fit the beliefs of the residents of each State.
  State lawmakers, regulators, law enforcement officers, and public 
health officials in each State have developed and implemented effective 
policies that have protected consumers and encouraged safe and 
responsible consumption.
  While the United States now enjoys the safest and most responsible 
alcohol distribution network in the world, cases of tainted or 
counterfeit alcohol continue to occur across the globe.
  Just yesterday in the United Kingdom, a police raid found 1,100 
bottles of fake vodka that may blind consumers, many using the SPAR 
Imperial label.
  British officials believe it is likely that more of the vodka is on 
the market. Small shops and stores in particular have been told to be 
on the lookout.
  The potential for counterfeit alcohol and unscrupulous vendors 
remains a threat throughout the world today, and presents a real danger 
to consumers.
  The state-based system for regulating alcohol in the United States 
has served as one of the safest and most responsible systems for 
protecting consumers from tainted or counterfeit alcohol.
  I think it is fitting to salute the State lawmakers, regulators, law 
enforcement officers, and public health officials that have made this 
regulatory system successful.
  I'd like to thank the Judiciary Committee, specifically Chairman John 
Conyers and Ranking Member Lamar Smith, for their support in allowing 
us to consider this resolution today.
  I urge my colleagues to join me in recognizing the 75th anniversary 
of the repeal of Prohibition, and in commemorating the effective state-
based system of alcohol regulation.
  Vote ``yes'' on this important resolution.
  Mr. COHEN. I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Tennessee (Mr. Cohen) that the House suspend the rules 
and agree to the concurrent resolution, H. Con. Res. 415.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the concurrent resolution was agreed to.
  A motion to reconsider was laid on the table.

                          ____________________