[Congressional Record Volume 140, Number 145 (Friday, October 7, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: October 7, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
  PRIVILEGES OF THE HOUSE--RETURNING TO SENATE S. 1216, CROW BOUNDARY 
                         SETTLEMENT ACT OF 1994

  Mr. GIBBONS. Mr. Speaker, I rise to a question of the privileges of 
the House, to offer a privileged resolution (H. Res. 577) returning to 
the Senate the bill S. 1216, and ask for its immediate consideration.
  The Clerk read the resolution, as follows:

                              H. Res. 577

       Resolved, That the bill of the Senate (S. 1216) entitled 
     the ``Crow Boundary Settlement 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 (Mr. Mazzoli). In the opinion of the Chair, 
the resolution constitutes a question of the privileges of the House.
  The gentleman from Florida [Mr. Gibbons] will be recognized for 30 
minutes, and the gentleman from California [Mr. Herger] 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 577 returns to the Senate the bill, S. 
1216, because it contravenes the constitutional requirements that 
revenue measures originate in the House of Representatives.
  S. 1216 contains a provision which would exempt from Federal taxation 
certain payments made, and certain benefits conferred, pursuant to the 
Crow Boundary Settlement Act.
  This provision constitutes a revenue measure in the constitutional 
sense because it would have an immediate effect on revenues. Under the 
provision, Federal tax would not be collected on certain payments and 
benefits that otherwise would be taxable.
  Therefore, I am asking the House insist on its constitutional 
prerogatives.
  By adopting this resolution, the House will preserve the prerogative 
to originate revenue matters. Our action does not constitute a 
rejection of the Senate bill on its merits. In fact, last night the 
House adopted and sent to the Senate a new bill, H.R. 3200, that 
contains substantially the same provisions but omits the language 
regarding the Federal tax treatment of payments and benefits.
  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 revenue bills and the Senate 
to add its amendments and seek a conference.
  There are numerous precedents on this, Mr. Speaker, I will not bore 
the House with taking them up at this time. But I submit the following 
statement for the Record: For example, on July 21, 1994, the House 
passed House Resolution 487, returning to the Senate S. 1030, which 
contained a provision exempting from taxation certain payments made on 
behalf of participants in the Education Debt Reduction Program. 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 22, 1991, the House passed House Resolution 251, 
returning to the Senate S. 1241, which would have made various changes 
to tax laws and would have had an immediate impact on revenues 
anticipated by the Internal Revenue Service.
  Mr. Speaker, I move the previous question on the resolution.
  Mr. WILLIAMS. Mr. Speaker, will the gentleman yield?
  Mr. GIBBONS. I yield to the gentleman from Montana.
  Mr. WILLIAMS. I appreciate the gentleman yielding, and as the Member 
of Congress who has the effect of this legislation within his district, 
that is, the 107th meridian change to benefit both the Crow Indian 
people as well as the Northern Cheyenne Indian people, I recognize, 
support, and find the chairman's action to be appropriate.
  We did, as the chairman notes, by unanimous consent pass the boundary 
adjustment last night without the tax implications in it, and we are 
very hopeful that the Senate can handle that legislation today.
  Mr. GIBBONS. I thank the gentleman for his statement.
  Mr. Speaker, we are not opposed to the legislation on its merits; we 
are merely attempting to protect the House prerogatives under the 
Constitution.
  The gentleman pointed out that corrective legislation has already 
passed the House, and I assume it will pass the Senate.
  Mr. Speaker, I reserve the balance of my time.
  Mr. HERGER. 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.
  I agree with the gentleman's comment that the procedure we are 
following is important. It reminds the other body once again that the 
Constitution requires that all revenue measures originate in the House 
of Representatives.
  We have just passed a bill which contains the substance of the 
legislation contained in S. 1216--with the revenue provision in 
question removed. The purpose of the resolution before us is simply to 
send the earlier bill which inappropriately contained a revenue measure 
back to the Senate as a reminder of our constitutional responsibilities 
and prerogatives.
  I urge the adoption of the resolution offered by Mr. Gibbons.
  Mr. Speaker, I yield back the balance of my time.
  Mr. GIBBONS. Mr. Speaker, 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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