[Congressional Record Volume 142, Number 40 (Thursday, March 21, 1996)]
[House]
[Pages H2577-H2578]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




PRIVILEGES OF THE HOUSE--RETURNING TO THE SENATE S. 1518, REPEALING TEA 
                        IMPORTATION ACT OF 1897

  Mr. CRANE. Mr. Speaker, I rise to a question of the privileges of the 
House, and I offer a privileged resolution (H. Res. 387) returning to 
the Senate the bill S. 1518, and ask for its immediate consideration.
  The SPEAKER pro tempore. The Clerk will report the resolution.
  The Clerk read the resolution, as follows:

                              H. Res. 387

       Resolved, That the bill of the Senate (S. 1518) to 
     eliminate the Board of Tea Experts by prohibiting funding for 
     the Board and by repealing the Tea Importation Act of 1897, 
     in the opinion of this House, contravenes the first clause of 
     the seventh section of the first article of the Constitution 
     of the United

[[Page H2578]]

     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.

  Mr. CRANE (during the reading). Mr. Speaker, I ask unanimous consent 
that the resolution be considered as read and printed in the Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Illinois?
  There was no objection.
  The SPEAKER pro tempore. The resolution constitutes a question of 
privilege.
  The gentleman from Illinois [Mr. Crane] is recognized for 30 minutes.
  Mr. CRANE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, this resolution is necessary to return to the Senate the 
bill S. 1518, because it contravenes the constitutional requirement 
that revenue measures shall originate in the House of Representatives. 
S. 1518 would repeal an import restriction found in current law, and 
therefore contravenes this constitutional requirement.
  S. 1518 proposes to eliminate the Board of Tea Experts by repealing 
the Tea Importation Act of 1897. Under the act, it is unlawful to 
import to the United States tea which is substandard, and the 
importation of all such tea is prohibited, except as provided in the 
Harmonized Tariff Schedule of the United States.
  The repeal of this provision would have a direct effect on customs 
revenues. The proposed change in our tariff laws is a revenue-affecting 
infringement on the House's prerogatives, which constitutes a revenue 
measure in the constitutional sense. Therefore, I am asking that the 
House insist on its constitutional prerogatives.
  There are numerous precedents for the action I am requesting. For 
example, on July 21, 1994, the House returned to the Senate S. 729, 
prohibiting the import of specific products which contain more than 
specified quantities of lead. On February 25, 1992, the House returned 
to the Senate S. 884, requiring the President to impose sanctions, 
including import restrictions, against countries that fail to eliminate 
large-scale driftnet fishing. On October 31, 1991, House returned to 
the Senate S. 320, including provisions imposing, or authorizing the 
imposition of, a ban on imports in connection with export 
administration.
  I want to emphasize that this action does not constitute a rejection 
of the Senate bill on its merits. Adoption of this privileged 
resolution to return the bill to the Senate should in no way prejudice 
its consideration in a constitutionally acceptable manner.
  The proposed action today is procedural in nature, and is necessary 
to preserve the prerogatives of the House to originate revenue matters. 
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 for the Senate to accept it or amend it as it sees 
fit.

                              {time}  1215

  Mr. Speaker, I reserve the balance of my time.
  The SPEAKER pro tempore (Mr. Burton of Indiana). Does any Member on 
the minority side seek recognition?
  Mr. CRANE. 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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