[Congressional Record Volume 140, Number 96 (Thursday, July 21, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: July 21, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
  PRIVILEGES OF THE HOUSE--RETURNING TO THE SENATE S. 1030, VETERANS 
                HEALTH PROGRAMS IMPROVEMENT ACT OF 1994

  Mr. GIBBONS. Mr. Speaker, I rise to a question of privileges of the 
House.
  Mr. Speaker, I offer a privileged resolution (H. Res. 487) and ask 
for its immediate consideration.
  The SPEAKER pro tempore. The Clerk will report the resolution.
  The Clerk read as follows:

                              H. Res. 487

       Resolved, That the bill of the Senate (S. 1030) entitled 
     the ``Veterans Health Programs Improvement Act of 1994'', in 
     the opinion of this House, contravenes the first clause of 
     the seventh section of the first article of the Constitution 
     of the United States and is an infringement of the privileges 
     of this House and that such bill be respectfully returned to 
     the Senate with a message communicating this resolution.

  The SPEAKER pro tempore. In the opinion of the Chair, the resolution 
constitutes a question of privilege.
  The gentleman from Florida [Mr. Gibbons] will be recognized for 30 
minutes, and the gentleman from Missouri [Mr. Hancock] will be 
recognized for 30 minutes.
  The Chair recognizes the gentleman from Florida [Mr. Gibbons].
  Mr. GIBBONS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, House Resolution 487 is a simple resolution returning to 
the Senate the bill (S. 1030) because it contravenes the constitutional 
requirement that revenue measures originate in the House of 
Representatives. S. 1030 contains a provision that would exempt from 
taxation certain payments made on behalf of participants in the 
Education Debt Reduction Program.
  This provision constitutes a revenue measure in the constitutional 
sense, because it would have an immediate affect on revenues. Under the 
provision, Federal tax would not be collected on payments that 
otherwise would be taxable. Therefore, I am asking that the House 
insist on its constitutional prerogatives.
  There are numerous precedents for taking the action I am requesting. 
For example, on October 22, 1991, the House passed House Resolution 
251, returning to the Senate (S. 1241), which would have excluded 
certain police corps scholarships from gross income for tax purposes 
and would have made various other changes to tax laws. On November 9, 
1989, the House passed House Resolution 287, returning to the Senate 
(S. 686), which would have allowed a credit against the oil spill 
liability tax for certain amounts transferred to the oil spill 
liability trust fund. On June 15, 1989, the House passed House 
Resolution 177, returning to the Senate (S. 774), which would have 
conferred tax-exempt status to two newly-created corporations that 
otherwise would have been taxable entities. On October 21, 1988, the 
House passed House Resolution 604, returning to the Senate (H.R. 1315), 
which would have imposed mandatory fees to finance a Federal uranium 
reclamation fund. On that same date, the House passed House Resolution 
603, returning to the Senate (S. 2097), which contained similar 
mandatory fees for a uranium reclamation fund.
  While the House, by adopting this resolution, will preserve its 
prerogative to originate revenue matters, I want to make it clear to 
all Members that our action does not constitute a rejection of the 
Senate bill on its merits. Our action today is merely procedural in 
nature. It makes it clear to the Senate that the appropriate procedure 
for dealing with revenue measures is for the House to act first on a 
revenue bill and the Senate to add its amendments and seek a 
conference.
  Mr. Speaker, I reserve the balance of my time.
  Mr. HANCOCK. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of the privileged resolution offered 
by the chairman of the Ways and Means Committee.
  As the ranking Republican member on the Select Revenue Subcommittee, 
I want to underscore the gentleman's comment that the procedure we are 
following does not constitute a rejection of the provision in question 
on its merits.
  The resolution does not address the substance of the Senate amendment 
at all. It simply tells the other body that we must insist on 
respecting the constitutional requirement that this and all other 
revenue measures originate in the House of Representatives.
  The resolution is truly procedural in nature--but it is an important 
procedure that protects the rights and responsibilities of the House of 
Representatives.
  Adoption of this privileged resolution to return the amendment to the 
Senate should in no way prejudice its consideration in a 
constitutionally acceptable manner.

                              {time}  1120

  Mr. Speaker, I yield back the balance of my time.
  Mr. GIBBONS. Mr. Speaker, I have no further requests for time, I 
yield back the balance of my time, and I move the previous question on 
the resolution.
  The previous question was ordered.
  The resolution was agreed to.
  A motion to reconsider was laid on the table.

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