[Congressional Record Volume 142, Number 26 (Thursday, February 29, 1996)]
[House]
[Pages H1575-H1576]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




EXCHANGE OF LETTERS CONCERNING MARKUP OF H.R. 2854, AGRICULTURAL MARKET 
                             TRANSITION ACT

  Mr. ROBERTS. Mr. Speaker, I ask unanimous consent to insert 
extraneous matter at this point in the Record.
  Chairman Archer of the Committee on Ways and Means and I had an 
understanding that arose as a result of my request to him that his 
committee forgo markup of H.R. 2854 that had been referred to the Ways 
and Means Committee as an additional referral. Chairman Archer agreed 
to this letter in writing and I requested that our exchange of letters 
be printed in the Record. I wish to comply with that request at this 
time.
  The SPEAKER pro tempore (Mr. Hastings of Washington). Is there 
objection to the request of the gentleman from Kansas?
  There was no objection.
  The letters referred to are as follows:

                                      Committee on Ways and Means,


                                     House of Representatives,

                                 Washington, DC, January 31, 1996.
     Hon. Pat Roberts,
     Chairman, Committee on Agriculture,
     House of Representatives, Washington, DC.
       Dear Mr. Chairman: This is to confirm my understanding of 
     our agreement concerning further consideration of H.R. 2854, 
     the Agricultural Market Transition Act, as amended, which was 
     referred to the Committee on Agriculture, and in addition to 
     the Committee on Ways and Means.
       Section 104 (f)(2) and (g) of H.R. 2854, as reported by 
     your Committee, would establish quotas to increase imports of 
     upland cotton above the amounts allowed under the Uruguay 
     Round tariff-rate quotas if domestic cotton prices exceed 
     specified levels. The action taken by the Agriculture 
     Committee is clearly contrary to clause 5(b) of Rule XXI of 
     the Rules of the House, which provides that no bill carrying 
     a tax or tariff measure shall be reported by any committee 
     not having jurisdiction to report tax and tariff measures.
       Section 204 requires importers of dairy products to pay 
     assessments currently applied to domestic dairy producers to 
     offset the costs of export and other sales promotion 
     programs. As you recall, our exchange of letters on H.R. 2195 
     confirmed that this provision is also within the jurisdiction 
     of the Ways and Means Committee. I note that you have 
     included language to correct national treatment concerns.
       Section 107(c) requires the Secretary of Agriculture to 
     reduce loan rates for domestically grown sugar if negotiated 
     reductions in subsidies in the European Union and other sugar 
     producing countries exceed commitments made in the Uruguay 
     Round Agreement on Agriculture. This authority is 

[[Page H1576]]
     linked to further negotiated reductions in foreign subsidies under 
     reciprocal trade agreements within the jurisdiction of the 
     Ways and Means Committee.
       Section 502 of the bill, as reported, would authorize the 
     Secretary of Agriculture to impose fees to cover the cost of 
     providing agricultural quarantine and inspection services. 
     Although the fees would generally be limited to the cost of 
     the quarantine and inspections programs (and associated 
     administrative costs), the section would allow the fees to 
     accumulate to ``maintain a reasonable balance in the 
     Agricultural Quarantine Inspection User Fee Account.'' 
     Although amounts in the account would generally be subject to 
     appropriations, ``excess fees'' (fees collected in excess of 
     $100 million) could be spent without appropriation. A special 
     rule applies to the unobligated balance of the Fee Account 
     and fees collected after September 30, 2002.
       The mere reauthorization of a preexisting fee that had not 
     historically been considered a tax does not necessarily 
     require a sequential referral to the Committee on Ways and 
     Means. However, if such a preexisting fee is fundamentally 
     changed, it properly should be referred to the Committee on 
     Ways and Means.
       In this case, the fee is being more than merely 
     reauthorized, but it is not clear that the fee is being 
     fundamentally changed. Therefore, I ask you to work with me 
     in conforming this fee as closely as possible to a true 
     regulatory fee as permitted under the Rules of the House 
     during further consideration of this legislation.
       In response to your requests that I facilitate 
     consideration of this important legislation, I do not believe 
     that a markup of H.R. 2854 by the Committee on Ways and Means 
     will be necessary.
       However, this is being done only with the understanding 
     that this does not in any way prejudice the Committee's 
     jurisdictional prerogatives in the future with respect to 
     this measure or any similar legislation, and it should not be 
     considered as precedent for consideration of matters of 
     jurisdictional interest to the Committee on Ways and Means in 
     the future. Should any provisions of jurisdictional interest 
     remain in the bill after Floor consideration, I would request 
     that the Committee on Ways and Means be named as additional 
     conferees.
       Finally, I would ask that a copy of our exchange of letters 
     on this matter be placed in the Record during consideration 
     on the Floor. With best regards,
           Sincerely,
                                                      Bill Archer,
     Chairman.
                                                                    ____

                                         Committee on Agriculture,


                                     House of Representatives,

                                Washington, DC, February 28, 1996.
     Hon. Bill Archer,
     Chairman, Committee on Ways and Means,
     Washington, DC.
       Dear Mr. Chairman: This responds to your letter of January 
     31, 1996 acknowledging the understanding of the Committee on 
     Ways and Means, to which H.R. 2854, the ``Agricultural Market 
     Transition Act'', had been additionally referred, and the 
     Committee on Ways and Means would forego a markup of the bill 
     in order to facilitate consideration of H.R. 2854 on the 
     Floor of the House.
       Your cooperation in this matter is very much appreciated. 
     Certainly, your action of foregoing a markup is not viewed by 
     this Committee as in any way prejudicing your Committee's 
     jurisdictional prerogatives in the future with respect to 
     this measure or any similar legislation and the Committee 
     does not consider your action as a precedent for 
     consideration of matters of jurisdictional interest to the 
     Committee on Ways and Means in the future.
       Also, pursuant to your request I will insert a copy of our 
     exchange of letters in the Congressional Record during the 
     consideration of H.R. 2854 on the floor.
           Sincerely,
                                                      Pat Roberts,
     Chairman.

                          ____________________