Date: 1982-07-20
Speaker: ROBERT C. BYRD (democrat)
Chamber: S

Mr. President. I simply take a little time to read. from title IV. section 401. Declaration of Policy. The Congress hereby finds and declares that(1) the safe operation of the airport and airway system will continue to be the highest aviation priority. Is that in fulfillment of the reconciliation instructions? No. it has nothing to do with reconciliation instructions in the recentlypassed budget resolution. (2) the continuation of airport and airway improvement programs and more effective management and utilization of the Nations airport and airway system are required to meet the current and projected growth of aviation and the iequirements of interstate commerce. the Postal Service. and the national defense. (3) all airport and airway programs should be administered in a manner consistent with the provisions of sections 102 and 103 of the Federal Aviation Act of 1958 (49 U.S.C. 1302 and 1303). as amended by the Airline Deregulation Act of 1978. with due regard for the goals expressed therein of fostering competition. preventing unfair methods of competition in air transportation. maintaining essential air transportation. and preventing unjust and discriminatory practices. (4) this Act should be administered in a manner to provide adequate navigation aids and airport facilities. including reliever airports. for points with scheduled commercial air service. Obviously. I do not have to read any further. Obviously. this legislation has nothing to do with the reconciliation instruction. It is an entirely new and complete act that comes within the jurisdiction of the Commerce Committee. It should have been reported out by the Commerce Committee if the Senate was going to act on it and it should have been called up under the normal procedures. There would have been no rule of germaneness or no restrictions regarding time limitation on debate. We could have debated it back and forth. Amendments could have been offered. Amendments not germane could have been offered to this legislation because tlhere !s no rule of germaneness in the Senate except where appropriations bills are concerned. and where the cloture rule XXII is concerned. and where the budget reform process is concerned. I say I do not find fault with having the act itself. title 4. called up as a separate provision and acted upon by the Senate In the ordinary process of things. But to include it in this measure. which is supposed to be in response to the reconciliation instructions of the recently passed budget resolution. is a subversion of the budget process and is a subversion of paragraph 5 of rule XV. It beats the intent of the that rule. "It shall not be in order to consider any proposed committee amendment." whether it comes from the Committee on Agriculture. whether it comes from the Committee on Veterans Affairs. whether it comes from the Committee on Environment and Public Works. or whatever. And every chairman of each of those committees and others should view this with the most grave concern. It shall not be in order to consider any proposed committee amendment (other than a technical. clerical. or conforming amendment) which contains any significant matterAnd this title IV is significant matterany significant matter not within the jurisdiction of the committee proposing such amendment. Obviously. title IV is a significant matter. Obviously. it is not within the jurisdiction of the Finance Committee. I say that it is violative of the spirit and of the intent and of the word of paragraph 5 of rule XV. For that reason. I hope the Senate will support my motion to recommit the measure to the Finance Committee with instructions that it be reported back with title IV deleted therefrom. Mr. President. last year we faced a similar situation. Senators will recall that many items which had nothing to do with reconciliation had been !ncluded in a reconciliation bill. a bill with time agreements. limited debate. and the germaneness rule. Last year I offered an amendment to strike such issues from the reconciliation bill. I also threatened to offer an endless series of amendments to the reconciliation bill if these irrelevant issues were not stripped from the steamroller bill. The majority leader and I agreed to strip all of the irrelevant issues off the bill. That is what we should do here. This 81page document should not be a vehicle for writing major legislation that comes within the jurisdiction of the Commerce Committee. according to rule XXV. which so states it is within that committees jurisdiction. We might as well just rip rule XXV out of the rule book. Standing rule XXV of the Senate says: The following standing committees shall be appointed at the commencement of each Congress. and shall continue and have the power to act until their successors are appointed. with leave to report by bill or otherwise on matters within their respective jurisdictions. Now. let us go to the Committee on Commerce: To which committee shall be referred all proposed legislation. messages. petitions. memodals. and other matters relating to the following subject: And within the enumerated subjects are those regarding transportation and those regarding nonmilitary aeronautical and space iciences. I will read the items which are within the jurisdiction of the Finance Committee: 1. Bonded debt of the United States. Title IV of this bill has nothing to do with the bonded debt of the United States. 2. Customs. collection districts. and ports of entry and delivery. Title IV has nothing to do with customs. collection districts. and ports of entry and delivery. 3. Deposit of public moneys. 4. General revenue siharing. 5. Health programs under the Social Security Act and health programs financed by a specific tax or trust fund. 6. National social security. 7. Reciprocal trade agreements. 8. Revenue measures generally. except as provided in the Congressional Budget Act of 9. Revenue measures relating to the insular possessions. 10. Tariffs and import quotas. and matters related thereto. 11. Transportation of dutiable goods. Mr. President. it is clear on the face of rule XXV that this article does not come within the jurisdiction of the Finance Committee and that. indeed. it comes within the jurisdiction of the Commerce Committee. It is patently obvious on the face of paragraph 5 of rule XV of the Senate that it is not in order to include this legislation in this bill. I hope my colleagues will agree and vote to recommit with instructions.