[Congressional Record Volume 146, Number 134 (Tuesday, October 24, 2000)]
[House]
[Pages H10754-H10755]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    PRIVILEGES OF THE HOUSE--RETURNING TO THE SENATE S. 1109, BEAR 
                         PROTECTION ACT OF 2000

  Mr. CRANE. Madam Speaker, I rise to a question of the privileges of 
the House.
  Madam Speaker, I offer a privileged resolution (H. Res. 645) and ask 
for its immediate consideration.
  The Clerk read the resolution, as follows:

                              H. Res. 645

       Resolved, That the bill of the Senate (S. 1109) entitled 
     the ``Bear Protection Act of 2000'', 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. The resolution constitutes a question of the 
privileges of the House under rule IX.
  The gentleman from Illinois (Mr. Crane) and the gentleman from 
Wisconsin (Mr. Kleczka) will each control 30 minutes.
  The Chair recognizes the gentleman from Illinois (Mr. Crane).
  Mr. CRANE. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, this resolution is necessary to return to the Senate 
the bill S. 1109 because it contravenes the constitutional requirement 
that revenue measures shall originate in the House of Representatives. 
S. 1109 would create a new basis for applying import restrictions and, 
therefore, violates this constitutional requirement.
  S. 1109 prohibits the sale, import and export of bear viscera or any 
product, item, substance containing, or labeled or advertised as 
containing, bear viscera. The legislation passed by the other body 
would have the effect of creating a new basis and mechanism for 
applying import restrictions. The provision would have a direct effect 
on tariff revenues. The proposed change in our import laws is a 
revenue-affecting infringement on the prerogatives of the House, 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 February 25, 1992, the House returned to the Senate S. 884, 
requiring the President to impose sanctions, including import 
restrictions, against countries that failed to eliminate large-scale 
driftnet fishing. On April 16, 1996, the House returned to the Senate 
S. 1463, amending the definition of industry under the Safeguard Law 
with respect to investigations involving the import of perishable 
agricultural products. Again on October 15, 1998, the House returned to 
the Senate S. 361, prohibiting the import of products containing, or 
labeled as containing, any substance derived from rhinoceros or tiger.

[[Page H10755]]

  I want to emphasize that this action does not constitute a rejection 
of the Senate bill on its merits. S. 1109, however, was passed by the 
other body as a free-standing bill in contravention to the 
constitutional requirement that revenue measures originate in the House 
of Representatives.
  Accordingly, the proposed action today is purely procedural in nature 
and is necessary to preserve the prerogatives of the House to originate 
revenue matters. It makes 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.
  Madam Speaker, I reserve the balance of my time.
  Mr. KLECZKA. Madam Speaker, I yield myself such time as I may consume 
to simply say that I support the resolution and concur with the remarks 
of the gentleman from Illinois.
  Madam Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  Mr. CRANE. Madam 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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