[Congressional Record Volume 147, Number 172 (Wednesday, December 12, 2001)]
[Senate]
[Pages S12996-S12997]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                               FAST TRACK

  Mr. BYRD. Has the Finance Committee reported out the fast track?
  Mr. BAUCUS. No.
  Mr. BYRD. Is it going to today?
  Mr. BAUCUS. Yes.
  Mr. BYRD. When?
  Mr. BAUCUS. In about an hour.
  Mr. BYRD. Does the committee have permission to meet?
  Mr. BAUCUS. I don't know.
  Mr. HARKIN. No.
  Mr. BYRD. Parliamentary inquiry, Mr. President.
  The PRESIDING OFFICER. The Senator from West Virginia.
  Mr. BYRD. Mr. President, for the information of the Senate, what is 
the rule with respect to the meeting of committees during the operation 
of the Senate while the Senate is in session?
  The PRESIDING OFFICER. When the Senate is in session, the committees 
may meet for 2 hours, but not beyond that, and not beyond 2 p.m.
  Mr. BYRD. As of today, when would that time expire?
  The PRESIDING OFFICER. At 11:30.
  Mr. BYRD. At 11:30.
  The PRESIDING OFFICER. At 11:30 a.m.
  Mr. BYRD. So the committee may not meet after 11:30 without the 
permission of the Senate?
  The PRESIDING OFFICER. The Senator is correct.
  Mr. BYRD. I put the Senate on notice I will object to that committee 
meeting after 11:30 today while the Senate is in session.
  Mr. President, along that line, may I say I have asked the chairman 
of the Finance Committee to give some of those of us who are opposed to 
fast track an opportunity to appear before the committee. I am not on 
the Finance Committee. I would like to have an opportunity to appear 
before that committee and speak against fast track. That is all I am 
asking.
  I made that personal request of the chairman of the committee 
yesterday, and he said: Well, I could appear before the committee after 
it had acted on fast track, after it had marked up the bill.
  Well, there is no point in my appearing before the committee after it 
has marked up the bill. That is a really silly suggestion, if I might 
say so: I will make my impassioned plea to the committee after the 
committee has met and marked up the bill. Why should I go appear before 
the committee after that committee has marked up the bill? What a silly 
proposition.
  Mr. President, there are those of us--there are a few around here--
who object to fast track. And I am sorry the distinguished chairman of 
that committee said no.
  Now, as chairman of the Appropriations Committee, I don't think I 
would say that to any Senator. I would not say it to a Republican 
Senator; I would not say it to a Democratic Senator. The very idea, on 
a matter as important as fast track to discuss around here--I am just 
disappointed a Senator would get that kind of a brushoff.

  Now understand, I went to the distinguished chairman yesterday and 
asked him if he would mind putting that matter off and allow some of 
us--or a few of us; I know one Senator who is against fast track--to 
allow us to appear before the committee. And I got kind of a brushoff, 
I would say. Well, all I could say was I was disappointed. I am still 
disappointed.
  Let me read a section of the Constitution to Senators. Section 7 of 
article I, paragraph 1:

       All Bills for raising Revenue shall originate in the House 
     of Representatives; but----

  Get this----

     but----
  Mr. President, may we have order in the rear of the Senate.
  The PRESIDING OFFICER. The Senate will come to order, please.
  Mr. BYRD. So I come to the conjunction ``but''--paragraph 1, section 
7, article I, of the U.S. Constitution. Here is what it says:

     but the Senate may propose or concur with Amendments as on 
     other Bills.

  Now, we all know that when fast track is brought to the Senate, 
Senators may not propose amendments. In my way of reading the 
Constitution, that is not in accordance with what the Constitution 
says. What did the Framers mean? It is obvious that they meant the 
Senate could amend on any bill.
  Let me read the whole section again, the whole paragraph, section 7:


[[Page S12997]]


       All Bills for raising Revenue shall originate in the House 
     of Representatives; but----

B-U-T----

     the Senate may propose or concur with Amendments as on other 
     Bills.

  It doesn't say it ``shall.'' The Senate may not want to offer any 
amendments, but it ``may.''
  But now we come along with this so-called trade promotion authority. 
Ha, what a misnomer that is. And that is plain old fast track. And a 
lot of Senators and House Members are going to go to their oblivion on 
fast track if the people back home ever wake up to what is going on.

     . . . but the Senate may propose or concur with Amendments as 
     on other Bills.

  It doesn't say ``on some other Bills'' or ``on certain other Bills.'' 
It says ``as on other Bills.''
  It seems to me the Senate has a right to amend. And I know there are 
some of us who sought to appear before the Supreme Court on the subject 
of the line-item veto, and the Supreme Court ruled that we do not 
qualify because we personally were not injured by the line-item veto. 
But on a case which was later brought by parties that did qualify as 
having been injured, the Supreme Court ruled the line-item veto was 
unconstitutional.
  I wonder what the Supreme Court would say about fast track, 
especially in light of this constitutional provision. I am here to 
raise that question. If the committee can complete its business before 
11:30, that will be in accordance with the rules. But if it doesn't, I 
hope somebody on that committee will make the point that the committee 
does not have permission to meet. I would object to any request made 
for that today.
  I thank the distinguished Senator for yielding.
  The PRESIDING OFFICER. The Senator from Minnesota.
  Mr. DAYTON. I thank the distinguished Senator from West Virginia for 
raising a very important issue at this time. I ask unanimous consent 
that I may be permitted to speak for up to 15 minutes as in morning 
business.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. BIDEN. Will the Senator yield briefly for a unanimous consent 
request?
  Mr. DAYTON. I will yield while retaining my right to the floor.
  Mr. BIDEN. I ask unanimous consent that at the cessation of the 
Senator's 15 minutes I be recognized to proceed for up to 15 minutes as 
in morning business, unless the managers of the bill have some business 
relating to the bill.
  The PRESIDING OFFICER. Is there objection?
  Mr. REID. Mr. President, we should give the Republicans, if they 
wish, 15 minutes in morning business following the Senator from 
Delaware.
  The PRESIDING OFFICER. Is there objection to the request as amended 
by the Senator from Nevada?
  Without objection, it is so ordered.
  The Senator from Minnesota.

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