[Deschler's Precedents, Volume 4, Chapters 15 - 17]
[Chapter 17. Committees]
[D. Jurisdiction of Committees]
[Â§ 36. Committee on Education and Labor]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 2853-2872]
 
                               CHAPTER 17
 
                               Committees
 
                         C. COMMITTEE PROCEDURE
 
Sec. 36. Committee on Education and Labor

    The first Committee on Education and Labor was created in 
1867,(16) divided into separate committees in 
1883,(l7) and recombined into its present form in 1947, on 
the effective date [Jan. 2, 1947], of the Legislative Reorganization 
Act of 1946.
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16. 4 Hinds' Precedents Sec. 4242.
17. 4 Hinds' Precedents Sec. Sec. 4242, 4244.
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    The jurisdiction of the Committee on Education and Labor pursuant 
to the 1973 rules (18) read as follows:
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18. Rule XI clause 6, House Rules and Manual Sec. 687 (1973). See Rule 
        X clause 1(g), House Rules and Manual Sec. 676 (1979).
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        (a) Measures relating to education or labor generally.
        (b) Child labor.
        (c) Columbia Institution for the Deaf, Dumb, and Blind; Howard 
    University; Freedmen's Hospital; and Saint Elizabeths Hospital.
        (d) Convict labor and the entry of goods made by convicts into 
    interstate commerce.
        (e) Labor standards.
        (f) Labor statistics.

[[Page 2854]]

        (g) Mediation and arbitration of labor disputes.
        (h) Regulation or prevention of importation of foreign laborers 
    under contract.
        (i) School-lunch program.

        (j) United States Employees' Compensation Commission.
        (k) Vocational rehabilitation.
        (l) Wages and hours of labor.
        (m) Welfare of miners.

    The committee maintained eight subcommittees in 1973:

        (1) The General Subcommittee on Education;
        (2) The Select Subcommittee on Education;
        (3) The Special Subcommittee on Education;
        (4) The Subcommittee on Equal Opportunities;
        (5) The Subcommittee on Agricultural Labor;
        (6) The General Subcommittee on Labor;
        (7) The Select Subcommittee on Labor; and
        (8) The Special Subcommittee on Labor.

    As the precedents reveal, the jurisdiction of the committee and of 
its predecessors has extended to such subjects as benefits and rights 
under the Federal Employees' Compensation Act; (19) 
amendments to that statute; (20) disability and/or death 
benefits for Civilian Conservation Corps enrollees; (21) 
Forest Service employees; (22) and employees of U.S. 
contractors; (23) matters pertaining to the Longshoremen's 
and Harbor Workers' Compensation Act; (24) loan and grant 
making for the expansion of state public school facilities; 
(25) establishing mineral resource conservation institutes; 
(26) and assisting states and localities in programs dealing 
with human services; (27) juvenile delinquency; 
(1) and runaway youth.(2)
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19. See Sec. Sec. 36.3-36.9, infra.
20. See Sec. Sec. 36.3-36.9, infra
21. Sec. 36.4, infra.
22. Sec. 36.6, infra.
23. Sec. 36.5, infra.
24. Sec. 36.15, infra.
25. Sec. 36.1, infra.
26. Sec. 36.16, infra.
27. Sec. 36.11, infra.
 1. Sec. 36.12, infra.
 2. Sec. 36.13, infra.
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    Under the Committee Reform Amendments of 1974, effective Jan. 3, 
1975,(3) the Committee on Education and Labor gained 
jurisdiction over food programs for children in schools (although the 
committee already had de facto jurisdiction over that subject), work 
incentive programs, and Indian education, and the committee lost 
jurisdiction over international education matters, a subject 
transferred to the jurisdiction of the Committee on Foreign Affairs.

[[Page 2855]]

The Committee Reform Amendments also granted the Committee on Education 
and Labor special oversight jurisdiction over certain programs [see 
Rule X clause 3(c), House Rules and Manual Sec. 693 (1979)]:
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 3. H. Res. 988, 120 Cong. Rec. 34447-70, 93d Cong. 2d Sess., Oct. 8, 
        1974.
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        (c) The Committee on Education and Labor shall have the 
    function of reviewing, studying, and coordinating, on a continuing 
    basis, all laws, programs, and Government activities dealing with 
    or involving domestic educational programs and institutions and 
    programs of student assistance, which are within the jurisdiction 
    of other committees.                          -------------------

Educational Assistance Programs

Sec. 36.1 The Committee on Education and Labor and not the Committee on 
    Banking and Currency has jurisdiction of a bill to authorize the 
    making of grants and loans to the states to assist in providing 
    adequate public elementary and secondary school facilities.

    On Jan. 25, 1949,(4) Brent Spence, of Kentucky, Chairman 
of the Committee on Banking and Currency, obtained unanimous consent to 
have his committee discharged from further consideration of H.R. 1551, 
and to have it rereferred to the Committee on Education and Labor. In 
so doing, Mr. Spence had noted that two similar bills, one in the 
previous session and the other in the current session, had been 
referred to the latter committee.
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 4. 95 Cong. Rec. 533, 81st Cong. 1st Sess.
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Sec. 36.2 A message received from the President was rereferred from the 
    Committee on Interstate and Foreign Commerce to the Committee on 
    Education and Labor, after examination by the Speaker, where the 
    first portion of the message called for increased appropriations 
    with respect to ongoing programs of the National Science 
    Foundation, and the second portion called for legislation 
    authorizing new educational programs.

    On Jan. 27, 1958,(5) Speaker Sam Rayburn, of Texas, laid 
before the House a message (H. Doc. No. 318), from President Dwight D. 
Eisenhower, which was read, referred to the Committee on Interstate and 
Foreign Commerce and ordered to be printed. The message consisted of 
two parts. The first segment called for a
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 5. 104 Cong. Rec. 1073, 85th Cong. 2d Sess.
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[[Page 2856]]

``fivefold increase in appropriations'' (6) for scientific 
education activities of the National Science Foundation including, 
among other things, the expansion of four ongoing programs of the 
Foundation. The second segment called for legislation authorizing new 
programs (7) in the Department of Health, Education, and 
Welfare to reduce the waste of talent, strengthen the teaching of 
science and mathematics, increase the supply of college teachers, 
improve foreign language teaching, and strengthen the Office of 
Education.
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 6. Id. at p. 1073.
 7. Id. at p. 1074.
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    Later in the day the Speaker made the following announcement: 
(8)
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 8. Id. at p. 1112.
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        After further examination of the President's message and the 
    recommendations made therein, the Chair believes that the proper 
    committee to which to refer the President's message is the 
    Committee on Education and Labor instead of the Committee on 
    Interstate and Foreign Commerce, because on the Science Foundation 
    no new law is suggested, simply more appropriations. The other part 
    of the President's message deals with education. Therefore the 
    Chair is going to change the reference of the President's message 
    and whatever bills are introduced on that subject, to the Committee 
    on Education and Labor.

Federal Employee Disability or Death Benefits; Matters Relating to 
    Federal Employees Compensation Act

Sec. 36.3 The Committee on Education and Labor, and not the Committee 
    on the Judiciary has jurisdiction of bills to amend the U.S. 
    Employees' Compensation Act of Sept. 7, 1916.

    On Jan. 19, 1948,(9) Earl C. Michener, of Michigan, 
Chairman of the Committee on the Judiciary, stated that a bill (H.R. 
3239), to amend section 4 of the United States Employees' Compensation 
Act, approved Sept. 7, 1916,(10) had been ``inadvertently 
referred to the Committee on the Judiciary.'' After noting that he had 
conferred with the Chairman of the Committee on Education and Labor, 
Fred A. Hartley, of New Jersey, the Member who introduced the measure, 
Mr. Kenneth B. Keating, of New York, and other interested parties, Mr. 
Michener sought and obtained
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 9. 94 Cong. Rec. 304, 80th Cong. 2d Sess.
10. The Committee on Education and Labor has jurisdiction generally 
        over compensation for work injuries to federal employees. The 
        primary legislation governing this area, the Federal Employees' 
        Compensation Act, appears at 5 USC Sec. Sec. 8101 et seq.
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[[Page 2857]]

unanimous consent to have his committee discharged from further 
consideration of the bill and to have it rereferred to the Committee on 
Education and Labor.
    The next day, Jan. 20, 1948,(~11) Mr. Michener similarly 
requested unanimous consent that the Committee on the Judiciary be 
discharged from further consideration of certain bills (H.R. 790, H.R. 
970, H.R. 1872, H.R. 2047, H.R. 2048, H.R. 3480, H.R. 3673, and H.R. 
3927) amending or otherwise affecting the United States Employees' 
Compensation Act of Sept. 7, 1916, and that the bills be rereferred to 
the Committee on Education and Labor. In so doing, he noted:
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11. 94 Cong. Rec. 369, 80th Cong. 2d Sess.
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        I may state that I have consulted with the Parliamentarian and 
    am advised that these bills have been wrongly referred because the 
    jurisdiction of the committees has been changed under the 
    Reorganization Act. I have conferred with the author of each of the 
    bills and also with the chairman of the Committee on Education and 
    Labor, and there is no objection.

    The bills in question, were described, as follows:

        H.R. 790, a bill to amend the act of September 7, 1916, by 
    providing for a hearing of claims of employees of the United States 
    before the United States Employees' Compensation Commission.
        H.R. 970, a bill to increase the compensation for total 
    disability granted employees of the United States under the United 
    States Employees' Compensation Act of September 7, 1916.
        H.R. 1872, a bill to amend the act entitled ``An act to provide 
    compensation for employees of the United States suffering injuries 
    while in the performance of their duties, and for other purposes,'' 
    approved September 7, 1916, as amended.
        H.R. 2047, a bill to amend the act of September 7, 1916, 
    providing compensation for injuries to employees of the United 
    States.
        H.R. 2048, a bill to amend the act entitled ``An act to provide 
    compensation for employees of the United States suffering injuries 
    while in the performance of their duties, and for other purposes,'' 
    as amended.
        H.R. 3480, a bill to amend the United States Employees' 
    Compensation Act of September 7, 1916, so as to increase the 
    maximum and minimum monthly compensation. . . .
        H.R. 3673, a bill to extend the benefits of the United States 
    Employees' Compensation Act of September 7, 1916, to active-duty 
    members of the Civil Air Patrol, and for other purposes.
        H.R. 3927, a bill to amend the act of September 7, 1916, to 
    authorize certain expenditures from the employees' compensation 
    fund, and for other purposes.

    The rereferrals were then effected by unanimous 
consent.(12)
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12. For a similar rereferral in a later Congress, see 95 Cong. Rec. 
        1043, 81st Cong. 1st Sess., Feb. 9, 1949.

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[[Page 2858]]

Sec. 36.4 The Committee on Education and Labor and not the Committee on 
    the Judiciary has jurisdiction of a bill providing that the monthly 
    compensation of totally disabled former Civilian Conservation Corps 
    enrollees shall continue so long as they remain totally disabled.

    On Mar. 15, 1948,(13) Earl C. Michener, of Michigan, 
Chairman of the Committee on the Judiciary, obtained unanimous consent 
to have that committee discharged from further consideration of several 
measures including H.R. 1431 and to have them rereferred to the 
Committee on Education and Labor In so doing, he had noted:
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13. 94 Cong. Rec. 2846, 80th Cong. 2d Sess.
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        . . . Under the Reorganization Act the Committee on Education 
    and Labor is specifically given jurisdiction over these bills.
        I have conferred with the chairman of the Committee on 
    Education and Labor, all the authors of the bill have been 
    contacted, and there is no objection.

Sec. 36.5 The Committee on Education and Labor, and not the Committee 
    on the Judiciary has jurisdiction of a bill to amend the act of 
    Dec. 2, 1942, entitled ``An act to provide benefits for the injury, 
    disability, death, or enemy detention of employees of contractors 
    with the United States and for other purposes,'' to clarify the 
    eligibility for benefits of certain employees detained by the enemy 
    in the Philippines Islands.

    On Jan. 20, 1948,(14) Mr. Earl C. Michener, of Michigan, 
obtained unanimous consent to have the Committee on the Judiciary 
discharged from further consideration of H.R. 3596 among others, and to 
have it rereferred to the Committee on Education and Labor. In so 
doing, he had noted:
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14. 94 Cong. Rec. 369, 80th Cong. 2d Sess.
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        I may state that I have consulted with the Parliamentarian and 
    am advised that these bills have been wrongly referred because the 
    jurisdiction of the committees has been changed under the 
    Reorganization Act. I have conferred with the author of each of the 
    bills and also with the chairman of the Committee on Education and 
    Labor, and there is no objection.

Sec. 36.6 The Committee on Education and Labor, and not the Committee 
    on Post Office and Civil Service has jurisdiction of a bill to 
    provide a lump sum death payment to beneficiaries of Forest Service 
    employees killed while combating forest fires.

[[Page 2859]]

    On May 5, 1950,(15) Thomas J. Murray, of Tennessee, 
Chairman of the Committee on Post Office and Civil Service, obtained 
unanimous consent to have his committee discharged from further 
consideration of H.R. 8162 and to have it rereferred to the Committee 
on Education and Labor.
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15.  96 Cong. Rec. 6548, 81st Cong. 2d Sess.
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Sec. 36.7 The Committee on Education and Labor, and not the Committee 
    on Post Office and Civil Service, has jurisdiction of proposals to 
    amend the Federal Employees' Compensation Act Amendments of 1960.

    On Aug. 18, 1961,(1~6) Thomas J Murray, of Tennessee, 
Chairman of the Committee on Post Office and Civil Service, obtained 
unanimous consent that an executive communication (Exec. Comm. No. 
1214), the subject of which is specified above, be rereferred from his 
committee to the Committee on Education and Labor.
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16. 107 Cong. Rec. 16271, 87th Cong. 1st Sess.
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Sec. 36.8 The Committee on Education and Labor and not the Committee on 
    Post Office and Civil Service has jurisdiction of a bill to permit 
    employees of the Canal Zone Government and the Panama Canal Company 
    to appeal decisions under the Federal Employees' Compensation Act 
    to the Employees' Compensation Appeals Board.

    On Sept. 24, 1951,(17) Thomas J. Murray, of Tennessee, 
Chairman of the Committee on Post Office and Civil Service, obtained 
unanimous consent to have his committee discharged from further 
consideration of S. 1271 and to have it rereferred to the Committee on 
Education and Labor.(18)
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17. 97 Cong. Rec. 11991, 82d Cong. 1st Sess.
18. S. 1271 was reported by the Committee on Education and Labor on 
        July 1, 1952 (H. Rept. No. 2425).
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Sec. 36.9 The Committee on Education and Labor and not the Committee on 
    Post Office and Civil Service has jurisdiction of a bill to amend 
    the Federal Employees' Compensation Act with respect to the 
    computation of disability payments in the case of certain seamen 
    and other persons.

    On May 19, 1952,(19) Thomas J. Murray, of Tennessee, 
Chairman of the Committee on Post Office and Civil Service, obtained 
unani
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19. 98 Cong. Rec. 5443, 82d Cong. 2d Sess.
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[[Page 2860]]

mous consent to have his committee discharged from further 
consideration of H.R. 7621 and to have it rereferred to the Committee 
on Education and Labor.

Fair Employment Practices

Sec. 36.10 Bills providing for a Fair Employment Practices Commission 
    through amendment of the Civil Rights Act of 1964, which, itself, 
    was referred to and reported from the Committee on the Judiciary, 
    were referred to the Committee on Education and Labor.

    On June 10, 1965,(20) Mr. James Roosevelt, of 
California, and Mr. Ogden R. Reid, of New York, each introduced a bill 
(H.R. 8998, H.R. 8999, respectively), the subject matter of which is 
specified above. Both bills were referred to the Committee on Education 
and Labor.
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20. 111 Cong. Rec. 13296, 89th Cong. 1st Sess.
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Human Services Programs

Sec. 36.11 Under the rules in effect in the 92d Congress, the Committee 
    on Education and Labor, and not the Committee on Ways and Means, 
    had jurisdiction of proposals to assist states and localities to 
    coordinate human services programs administered by the Department 
    of Health, Education, and Welfare.

    On June 21, 1972,(21) Wilbur D. Mills, of Arkansas, 
Chairman of the Committee on Ways and Means, obtained unanimous consent 
to have House Document No. 92-296, and Executive Communication No. 
2006, rereferred from his committee to the Committee on Education and 
Labor where both communications contained the type of proposals 
specified above.
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21. 118 Cong. Rec. 21733, 92d Cong. 2d Sess.
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    Parliamentarian's Note: Programs for human services administered by 
the Department of Health, Education, and Welfare came within the 
jurisdictions of several committees of the House, including Ways and 
Means, Education and Labor, and Interstate and Foreign Commerce. The 
proposals had originally been referred to the Committee on Ways and 
Means because several of the services involved social security 
benefits.

Juvenile Delinquents and Runaways

Sec. 36.12 The Committee on Education and Labor, and not

[[Page 2861]]

    the Committee on the Judiciary, has jurisdiction of a bill to 
    assist state and local government programs for the control of 
    juvenile delinquency.

    On Jan. 22, 1959,(1) Emanuel Celler, of New York, 
Chairman of the Committee on the Judiciary, obtained unanimous consent 
to have his committee discharged from further consideration of H.R. 772 
and to have it rereferred to the Committee on Education and Labor.
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 1. 105 Cong. Rec. 1027, 86th Cong. 1st Sess.
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Sec. 36.13 The Committee on Education and Labor, and not the Committee 
    on the Judiciary, has jurisdiction of bills to strengthen 
    interstate reporting and interstate services for parents of runaway 
    children, to conduct research on the size of the runaway youth 
    population, and for temporary housing and counseling services for 
    transient youth.

    On July 12, 1973,(2) Peter W. Rodino, Jr., of New 
Jersey, Chairman of the Committee on the Judiciary, obtained unanimous 
consent to have S. 645 rereferred from his committee to the Committee 
on Education and Labor.
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 2. 119 Cong. Rec. 23633, 93d Cong. 1st Sess.
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    On Sept. 10, 1973,(3) Mr. Rodino again obtained 
unanimous consent to have similar bills (H.R. 1807, H.R. 2316, H.R. 
3274), also rereferred to the Committee on Education and Labor.
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 3. 119 Cong. Rec. 28970, 93d Cong. 1st Sess.
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    Parliamentarian's Note: In the latter instance, the three bills had 
been originally referred to the Committee on the Judiciary due to the 
inclusion of title I authorizing Law Enforcement Assistance 
Administration grants to law enforcement agencies to fund reporting 
services.

Labor Disputes in Defense Industries

Sec. 36.14 The House granted unanimous consent that a bill to diminish 
    the cause of labor disputes in defense industries be referred from 
    the Committee on the Judiciary to the Committee on Education and 
    Labor.

    On Nov. 19, 1941,(4) Speaker pro tempore Harry R. 
Sheppard, of California, recognized Mr. Howard W. Smith, of Virginia, 
who proceeded to make the following remarks:
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 4. 87 Cong. Rec. 9017, 77th Cong. 1st Sess.
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        Mr. Speaker, I desire to submit a unanimous-consent request.

[[Page 2862]]

        I would like the attention of the gentleman from Texas [Mr. 
    Sumners], chairman of the Committee on the Judiciary, and the 
    gentleman from Michigan [Mr. Michener]. On yesterday I introduced 
    H.R. 6066, having for its title to diminish the cause of labor 
    disputes in defense industries. That bill was referred to the 
    Committee on the Judiciary. After consultation with the chairman of 
    the Committee on Labor, I find that it is the purpose of that 
    committee to give consideration to that type of legislation during 
    the next week. The committee feels that it cannot give 
    consideration to that bill because the bill is not before the Labor 
    Committee.
        I therefore ask unanimous consent, Mr. Speaker, that the 
    Committee on the Judiciary be discharged from further consideration 
    of the bill H.R. 6066, and that it be rereferred to the Committee 
    on Labor.

    At this juncture, Mr. Earl C. Michener, of Michigan, reserving the 
right to object, noted that ``the Judiciary Committee does not want to 
waive any of its parliamentary rights.'' He added, however, that in 
light of the presence of the chairman of that committee, and ``inasmuch 
as this bill is as stated by its author, a labor bill entirely,'' he 
would not object.
    Immediately thereafter, the Chair recognized Hatton W. Sumners, of 
Texas, Chairman of the Committee on the Judiciary, and the following 
exchange ensued:

        Mr. Speaker, reserving the right to object, I am not familiar 
    with the provisions of the bill, but I have no objection, with the 
    understanding that the waiver does not create any precedent.
        Mr. Smith of Virginia: I understand it does not waive any 
    rights. It is done under these special circumstances, because that 
    committee is going to consider that sort of legislation very 
    intensively.

    Shortly thereafter, the House granted unanimous consent to the 
rereferral.

Longshoremen's and Harbor Workers' Compensation Act

Sec. 36.15 The Committee on Education and Labor and not the Committee 
    on the Judiciary has jurisdiction of bills to increase certain 
    benefits payable under the Longshoremen's and Harbor Workers' 
    Compensation Act or otherwise amending that act.

    On Mar. 15, 1948,(5) Earl C. Michener, of Michigan, 
Chairman of the Committee on the Judiciary, obtained unanimous consent 
to have that committee discharged from consideration of several 
measures including those described above (H.R. 5653, H.R. 5739, H.R. 
1871, and H.R. 2719), and to have them rereferred to the Committee on 
Education and Labor. In so doing, he had noted:
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 5. 94 Cong. Rec. 2846, 80th Cong. 2d Sess.
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        . . . Under the Reorganization Act the Committee on Education 
    and

[[Page 2863]]

    Labor is specifically given jurisdiction over these bills.
        I have conferred with the chairman of the Committee on 
    Education and Labor, all the authors of the bills have been 
    contacted, and there is no objection.

Mineral Resources Conservation Institutes

Sec. 36.16 The Committee on Education and Labor, whose legislative 
    domain under the rules includes ``education generally'' and the 
    ``welfare of miners,'' has jurisdiction of a proposal to amend the 
    Higher Education Act of 1965 to establish mineral resources 
    conservation institutes, although the Committee on Interior and 
    Insular Affairs under the rules has jurisdiction of ``mining 
    schools'' and ``mining interests generally.''

    On Nov. 4, 1971,(6) the House resolved itself into the 
Committee of the Whole for the further consideration of a bill (H.R. 
7248), to amend and extend the Higher Education Act of 1965 and other 
acts dealing with higher education. In the course of the bill's 
consideration, the Committee on Education and Labor offered an 
amendment in the nature of a substitute (7) which eventually 
prompted a jurisdictional point of order pursuant to a special rule 
permitting jurisdictional points of order against portions of that 
substitute.
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 6. 117 Cong. Rec. 39248, 92d Cong. 1st Sess.
 7. Id. at p. 39263.
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    The controversy arose over title XI, pertaining to the improvement 
of mineral conservation education. Of particular pertinence were the 
following provisions in that title: (8)
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 8. Id. at pp. 39263, 39264.
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            Title XI--Improvement of Mineral Conservation Education

        Sec. 1101. The Higher Education Act of 1965 adding after title 
    XII the following new title:

          ``Title XIII--Improvement of Mineral Conservation Education

        ``Sec. 1301. The Congress, in recognition of the profound 
    impact of mineral exploration and development on the health and 
    safety of persons working in the mineral industries and . . . in 
    recognition of the fact that the prosperity and future welfare of 
    the Nation is dependent, in large measure, on the sound 
    exploration, extraction, processing, and development of its 
    unrenewable mineral resources, declares that it is the purpose of 
    this title to assist in assuring the Nation, at all times, of an 
    adequate supply of mineral engineers and scientists (a) for the 
    mineral industries engaged in research, investigations, 
    experiments, demonstrations, exploration, extrac

[[Page 2864]]

    tion, processing, developing, and production of such resources in a 
    matter consistent with the need to protect and enhance the quality 
    of the total environment, and (b) for the public agencies concerned 
    with such mineral activities, with the health and safety of persons 
    employed in such industries, and with the protection and 
    enhancement of the total environment.
        ``Sec. 1302. (a) The Commissioner is authorized to make, in 
    accordance with the provisions of this title, grants each fiscal 
    year, for establishing and carrying out the work of a competent and 
    qualified mineral resources conservation institute, center, or 
    equivalent agency (hereinafter referred to as an 'institute'), to 
    such institutions of higher education as he may select, not to 
    exceed ten in the Nation, and selected so as to serve the needs of 
    a region, which shall be an institution of higher education 
    established in accordance with sections 1 through 5, 7, and 8, of 
    the act of July 2, 1862, as amended (7 U.S.C. 30-305, 307, and 
    308), or some other institution of higher education designated by 
    the Governor of the State with which the institution is located. 
    Institutions of higher education selected under this subsection are 
    encouraged to cooperate with other such institutions in 
    participating in the work of the institute. . . .
        ``Sec. 1303. (a) There are authorized to be appropriated to the 
    Commissioner for fiscal year 1972 and for each of the succeeding 
    fiscal years ending prior to July 1, 1976, not to exceed $5,000,000 
    annually. Such sums shall remain available until expended for 
    grants to institutes designated under this title where there is an 
    application approved under this title to match, on a dollar-for-
    dollar basis, funds made available to such institutes by State or 
    other non-Federal sources to pay the costs of conducting specific 
    mineral research and demonstration projects of industry-wide 
    application relating (1) to the conservation, exploration, 
    extraction, processing, development, or production of mineral 
    resources, including but not limited to, the recycling and reuse of 
    such resources and the products and wastes thereof, and (2) to the 
    protection or enhancement of health and safety of persons employed 
    in the minerals industries and of the environment in connection 
    with mineral operations. The Commissioner shall provide for an 
    equitable distribution of the sums appropriated among institutes 
    for which an application is approved under section 1302 of this 
    title. . . .
        ``Sec. 1304. There are authorized to be appropriated to the 
    Commissioner $10,000,000 for the fiscal year 1972, and increasing 
    $2,000,000, annually for four years, from which he may, in 
    consultation with the Secretary of the Interior make grants or 
    contracts with any educational institution to undertake mineral 
    research and demonstration projects consistent with the purposes 
    and applicable provisions of this table.''

    In the ensuing debate, Chairman pro tempore Edward P. Boland, of 
Massachusetts, recognized Mr. Edmond Edmondson, of Oklahoma, a member 
of the Committee on Interior and Insular Affairs, who raised the 
following point of order:

        Mr. Chairman, pursuant to House Resolution 661,(9) I 
    make a point of
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 9. H. Res. 661, agreed to on Oct. 27, 1971 [117 Cong. Rec. 37769, 92d 
        Cong. 1st Sess.], prescribed the special rule by which H.R. 
        7248 was to be considered, and provided, among other things 
        [Id. at p. 37765], that ``all titles, parts, or sections of the 
        [amendment in the nature of a] substitute, the subject matter 
        of which is properly within the jurisdiction of any other 
        standing committee of the House of Representatives, shall be 
        subject to a point of order for such reason if such point of 
        order is properly raised during the consideration of H.R. 
        7248.''
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[[Page 2865]]

    order against title XI of H.R. 7248 on the ground that the subject 
    matter of title XI is within the jurisdiction of the Committee on 
    Interior and Insular Affairs.

        Under rule XI, clause 10, of the Rules of the House of 
    Representatives,(10) the Committee on Interior and 
    Insular Affairs has jurisdiction over mining interests generally 
    and over mining schools and experimental stations specifically.
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10. Under this clause [See Rule XI clause 10, House Rules and Manual 
        Sec. 702 (1973)] the Committee on Interior and Insular Affairs 
        was accorded jurisdiction over ``mining interests generally 
        [clause 10(k)]'' and ``mining schools and experimental stations 
        [clause 10(l)],'' among other subjects.
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        Title XI of the bill authorizes grants to establish 10 mineral 
    resources conservation institutes. The purpose of these institutes 
    is to train mineral engineers and scientists, and to conduct 
    research and experiments of either a basic or practical nature. 
    These institutes clearly are mining schools and mining experimental 
    stations within the meaning of the rules of the House.
        Title XI of the bill also authorizes matching grants to these 
    10 new institutes for the purpose of conducting specific mineral 
    research and demonstration projects of industrywide application. 
    These are activities historically carried on by mining school and 
    experiment stations. These activities also relate to mining 
    interests generally. Both subjects are assigned to the Committee on 
    Interior and Insular Affairs.
        Title XI of the bill further authorizes grants to any 
    educational institution to undertake mineral research and 
    demonstration projects. Such projects can reasonably be expected to 
    be carried out through the mining school or the mining department 
    of the grantee. Moreover, the purpose of the research and 
    demonstration projects is to promote the interests of the mining 
    community generally.
        Finally, a separate bill, S. 635, which also authorizes grants 
    to establish mineral resources institutes, has been referred to the 
    Committee on Interior and Insular Affairs, and is now pending 
    before our committee. S. 635 and title XI of H.R. 7248 deal with 
    the same subject matter. Both provide for mining schools, or 
    institutes, which will engage in mining and mineral research, 
    demonstrations, and experiments. Both will train engineers, 
    scientists, and technicians in the minerals field. S. 635 was 
    properly referred to the Committee on Interior and Insular Affairs. 
    Title XI of H.R. 7248 deals with exactly the same subject, and it 
    also is within the jurisdiction of the Interior Committee. I make a 
    point of order against the retention of title XI in the bill.

    Responding to the point of order, Mr. John H. Dent, of 
Pennsylvania, noted:

[[Page 2866]]

        Mr. Chairman, at the outset I might say this particular section 
    in the act embodies the contents of H.R. 3942, a bill introduced by 
    myself and the gentlewoman from Oregon (Mrs. Green) as the initial 
    and original proposal to create these mineral research schools. . . 
    . It was introduced on February 3, 1971, and it was sent to the 
    Committee on Education and Labor--and properly so, we thought, and 
    so think at this moment.
        Mr. Chairman, the gentleman from Colorado (Mr. Aspinall) and 
    the gentleman from Oklahoma (Mr. Edmondson) contend that title XI 
    of the bill is subject matter not properly within the jurisdiction 
    of the Committee on Education and Labor, but rather within that of 
    the Committee on Interior and Insular Affairs. This is not the 
    case.
        The subject matter of title XI is higher education, as is the 
    subject matter of all of H.R. 7248. The subject matter of other 
    referred--to legislation under consideration by the Committee on 
    Interior and Insular Affairs is mineral research.
        The thrust and purpose of title XI, as stated in section 1301 
    of the bill, is to assure the Nation an adequate supply of mineral 
    engineers and scientists. The section also contains a congressional 
    declaration to that effect.
        The essence of all of title XI is to support the education of 
    such personnel, and the colleges and universities that train them. 
    It is not, in any way, an intrusion into the clear prerogative of 
    the Committee on Interior and Insular Affairs in matters of 
    ``mining interests generally,'' as prescribed by rule XI--Powers 
    and Duties of Committees--of the rules of the House. Rather--and 
    rule XI is not silent on this point--it falls within the 
    jurisdiction of the Committee on Education and Labor pursuant to 
    its responsibility for ``measures relating to education--
    generally.''

    Mr. Dent further elaborated on his position by differentiating 
title XI from a ``minerals research'' bill (H.R. 10950),which he knew 
to be of interest to the Committee on Interior and Insular Affairs: 
(11)
---------------------------------------------------------------------------
11. 117 Cong. Rec. 39264, 39265, 92d Cong. 1st Sess.
---------------------------------------------------------------------------

        Title XI is in most respects complementary to, rather than in 
    conflict with, the bill on which the chairman of the Interior and 
    Insular Affairs Committee intends to hold hearings--H.R. 10950. 
    Whereas the emphasis of the Interior Committee bill is on research, 
    investigation, advancement of knowledge, and establishment of 
    development programs, the stated purpose of title XI is ``to assist 
    in assuring the Nation, at all times, of an adequate supply of 
    mineral engineers and scientists.'' To achieve this purpose the 
    title gives a high priority, for example, to the development and 
    support of appropriate 4-year undergraduate curriculums by 
    encouraging the employment of ``adequate and competent faculty 
    personnel,'' by recommending funds for equipment to be ``used 
    primarily for the education and training of individuals,'' and by 
    making provision for scholarship funds. In support of more advanced 
    education it provides for fellowships and postdoctoral fellowships. 
    Title XI also provides sums for

[[Page 2867]]

    the conduct of specific mineral research and demonstration projects 
    of industrywide application.
        . . . [O]ur Nation's position in the mineral resources area is 
    deteriorating dangerously. It is not so much the result of 
    exhaustion of the country's mineral resources as it is of our not 
    developing the needed technology for efficient processing and 
    utilization of the resources we have. Of paramount importance at 
    the present time is a strong governmental program directed at 
    developing the human resources involved--that is, personnel trained 
    in the fields of mineral sciences and technology--and a 
    simultaneous program to develop the knowledge needed for the useful 
    development of our solid, liquid, and gaseous mineral resources.
        Title XI will provide an important beginning in support of the 
    tremendous need for appropriate education in this critical area. In 
    this respect it will effectively complement the Interior Committee 
    bill which appropriately places emphasis on research and 
    development.

    Referring again to the original source of title XI, Mr. Dent 
continued:

        H.R. 4392 proposed a new title XIII--Improvement of Mineral 
    Conservation Education--to the Higher Education Act of 1965. It was 
    referred to the Committee on Education and Labor; and it was 
    included as title XI in the bill now before us, with none other 
    than a few minor technical changes. At that time, the decision was 
    made that the bill was properly within the jurisdiction of the 
    Committee on Education and Labor. Since the question before the 
    Chair does not involve language other than that contained in my 
    original bill, I do not see on what basis the point of order can be 
    sustained.

    Completing his rebuttal with a brief discussion of jurisdictional 
conflicts, in general, he noted:

        Moreover, it is apparent that the jurisdiction of some broad 
    subject matters--such as mining--is often divided among committees. 
    With respect to mining, it is obvious that ``mining interests 
    generally'' are within the province of the Committee on Interior 
    and Insular Affairs. Yet, insofar as health and safety legislation 
    for miners generally, that is within the jurisdiction of the 
    Committee on Education and Labor.
        The bill before us contains a similar example. Title X--
    Improvement of Graduate Programs--provides grants, for instance, to 
    medical schools. There is no challenge that this provision invades 
    the jurisdiction of any other committee. Yet, the subject matter is 
    medicine. With regard to the broad field of medicine: the Committee 
    on Interstate and Foreign Commerce is responsible for the Public 
    Health Service Act--including the Hill-Burton Act--and the Federal 
    Food, Drug, and Cosmetic Act; the Committee on Ways and Means is 
    responsible for medicare, which certainly relates to medicine; the 
    House recently approved the Veterans' Medical Care Act of 1971, 
    reported by the Committee on Veterans' Affairs; the Committee on 
    Armed Services is considering legislation to provide medical 
    schools for the armed services and the Committee on Foreign Affairs 
    is

[[Page 2868]]

    considering legislation to create an international health agency. I 
    could go on and on, but I expect I have made my point.
        In the face of this, I respectfully suggest that the point of 
    order is not valid; that title XI of H.R. 7248 is quite properly 
    within the jurisdiction of the Committee on Education and Labor; 
    and that the point of order should not be sustained.

    At this juncture, the Chair announced that he was prepared to rule 
and stated his decision, as follows:

        The gentleman from Oklahoma (Mr. Edmondson) has raised a point 
    of order against title XI, beginning on page 202, line 9 through 
    page 210, line 15, on the grounds that the subject matter of this 
    title is within the jurisdiction of the Committee on Interior and 
    Insular Affairs and not the Committee on Education and Labor.
        The Chair has listened to the arguments presented and has 
    examined the provisions of title XI, as well as the provisions of 
    the rule, House Resolution 661, which made consideration of this 
    bill in order. The rule provides that any title, part, or section 
    of the committee amendment in the nature of a substitute shall be 
    subject to a point of order if the subject matter thereof is 
    properly within the jurisdiction of another committee.
        Title XI would provide that the Commissioner of Education may 
    make grants for the establishment of not to exceed 10 ``mineral 
    resources conservation institutes'' within existing institutions of 
    higher education which he selects. Appropriations are authorized to 
    enable such institutes to conduct educational training programs, 
    not only in the areas of mineral resources exploration, extraction, 
    processing, development, and conservation, but also in the areas of 
    protection and enhancement of health and safety of persons employed 
    in the minerals industries.
        To be sure, the Committee on Interior and Insular Affairs has 
    jurisdiction, under clauses 10 (k) and (l) of rule XI, over 
    measures relating to ``mining schools'' and ``mining interests.'' 
    It should also be noted, however, that the Committee on Education 
    and Labor,(12) under clauses 6(a) and 6(m) of rule XI, 
    has jurisdiction over measures relating to ``education 
    generally''--thus including institutions of higher education--and 
    over ``welfare of miners,'' which would include the health and 
    safety of miners.
---------------------------------------------------------------------------
12. See Rule XI clause 6, House Rules and Manual Sec. 687 (1973).
---------------------------------------------------------------------------

        Where, as here, the jurisdiction of committees of the House is 
    essentially and basically involved, the Chair must refer for 
    guidance to the introduction and reference by the Speaker under 
    rule XI of bills touching on similar subject matter. The Chair 
    notes that on February 3, 1971, the Speaker referred H.R. 3492 to 
    the Committee on Education and Labor. That bill, as does title XI 
    of the committee substitute, proposes an amendment to the Higher 
    Education Act of 1965 and seeks to establish precisely the type of 
    mineral resources conservation institutes within existing 
    institutions of higher education sought to be established by title 
    XI.
        The Chair holds that title XI in the form in which proposed by 
    the Com

[[Page 2869]]

    mittee on Education and Labor is properly within the jurisdiction 
    of that committee, and, therefore, overrules the point of order.

Safety Standards for Federal Recreational Campsites

Sec. 36.17 A proposition authorizing the establishment of safety 
    standards for federal recreational campsites on federal property in 
    national parks, reclamation projects, national forests, and Corps 
    of Engineers sites was held to be outside the jurisdiction of the 
    Committee on Education and Labor.

    On Nov. 4, 1971,(13) the House resolved itself into the 
Committee of the Whole for the consideration of a bill (H.R. 7248), to 
amend and extend the Higher Education Act of 1965 and other acts 
dealing with higher education. In the course of the bill's 
consideration pursuant to a special rule permitting jurisdictional 
points of order, a jurisdictional question arose over part of a 
proposed committee amendment to title XIX of the bill.
---------------------------------------------------------------------------
13. 117 Cong. Rec. 39248, 92d Cong. 1st Sess.
---------------------------------------------------------------------------

    The relevant provisions pertained to the establishment of safety 
standards for federal recreational campsites. Of particular pertinence 
was the following section:(14)
---------------------------------------------------------------------------
14. 117 Cong. Rec. 39292, 92d Cong. 1st Sess.
---------------------------------------------------------------------------

                           Federal Recreational Camps

        Sec. 1914. (a) The Secretary [of Health, Education, and 
    Welfare] shall develop safety standards to govern the operation of 
    Federal recreational camps. The Secretary shall cooperate with 
    Federal officers and agencies operating Federal recreational camps 
    to assure that such camps are operated in compliance with the 
    Secretary's standards. The Secretary may make the services of 
    personnel of the Department of Health, Education, and Welfare 
    available, without reimbursement, to other Federal agencies to 
    assist them in carrying out this section.
        (b) For purposes of this section, a Federal recreational camp 
    is a camp or campground which is located on Federal property and is 
    operated by, or under contract with, a Federal agency to provide 
    opportunities for recreational camping to the public.

    With respect to this section, Mr. John P. Saylor, of Pennsylvania, 
raised the following point of order:

        Mr. Chairman,(15) pursuant to House Resolution 
    661,(16) I make a point of
---------------------------------------------------------------------------
15. Edward P. Boland (Mass.).
16. H. Res. 661, agreed to on Oct. 27, 1971 [117 Cong. Rec. 37769, 92d 
        Cong. 1st Sess.], prescribed the special rule by which H.R. 
        7248 was to be considered, and provided, among other things 
        [id. at p. 37765], that ``all titles, parts, or sections of the 
        [amendment in the nature of a] substitute, the subject matter 
        of which is properly within the jurisdiction of any other 
        standing committee of the House of Representatives, shall be 
        subject to a point of order for such reason if such point of 
        order is properly raised during the consideration of H.R. 
        7248.''
---------------------------------------------------------------------------

[[Page 2870]]

    order against section 1914 of H.R. 7248 on the ground that the 
    subject matter of the section is within the jurisdiction of the 
    Committee on Interior and Insular Affairs.

        Section 1914 permits the Secretary of Health, Education, and 
    Welfare to develop safety standards that will govern the operation 
    of Federal recreational camps, which are defined as camps on 
    Federal property that provide recreational camping for the public. 
    This definition includes campgrounds open to the public in: First, 
    national parks; second, forest reserves created from the public 
    domain; third, irrigation and reclamation projects; and fourth, 
    public lands generally, which are usually called public domain. 
    More Federal recreational camps are located on the foregoing 
    categories of land than on any other Federal land.
        Jurisdiction over legislation governing the use of the 
    foregoing categories of Federal land is specifically assigned to 
    the Committee on Interior and Insular Affairs by rule XI, clause 
    10, of the rules of the House.(17)
---------------------------------------------------------------------------
17. This clause, in pertinent part [see rule XI clause 10, House Rules 
        and Manual Sec. 702 (1973)] listed the following subjects as 
        being within the jurisdiction of the Committee on Interior and 
        Insular Affairs: ``(a) Forest reserves and national parks 
        created from the public domain. . . . (e) Irrigation and 
        reclamation, including water supply for reclamation projects, 
        and easements of public lands for irrigation projects, and 
        acquisition of private lands when necessary to complete 
        irrigation projects. . . . (o) Public lands generally, 
        including entry, easements, and grazing thereon.''
---------------------------------------------------------------------------

    Shortly thereafter, Mr. Edmond Edmondson, of Oklahoma, added:

        Mr. Chairman, on behalf of the majority, and the chairman of 
    the House Committee on Interior and Insular Affairs, I want to 
    support the point of order made by the gentleman from Pennsylvania 
    (Mr. Saylor). It is a point of order that the entire committee 
    supports.

    Mr. Dominick V. Daniels, of New Jersey, rose in opposition to the 
point of order, noting that: (18)
---------------------------------------------------------------------------
18. 117 Cong. Rec. 39292, 39293, 92d Cong. 1st Sess.
---------------------------------------------------------------------------

        The essential question is whether section 1914 is, in the words 
    of the rule. and I quote:

            Properly within the jurisdiction of any other standing 
        Committee of the House of Representatives.

        The Education and Labor Committee clearly has jurisdiction over 
    the general question of setting safety standards in youth camps. 
    This is plain from the regular practice of referring bills dealing 
    only with this subject matter to that committee, such as H.R. 17131 
    and H.R. 17307 in the 90th Congress; H.R. 763 in the 91st Congress; 
    and H.R. 1264 and H.R. 11227 in the 92d Congress.

[[Page 2871]]

        It is, of course, true that the Committee on Interior and 
    Insular Affairs has jurisdiction over public lands, and the 
    question raised by the point of order is how to reconcile the 
    geographical jurisdiction of the Interior Committee over national 
    parks with the functional jurisdiction of the Education and Labor 
    Committee over child safety conditions.
        It seems clear to me that the two jurisdictions are not 
    mutually exclusive and that certain matters may be appropriately 
    considered one way or the other.
        The Education and Labor Committee had before it a bill dealing 
    with the subject of youth camp safety in general whose provisions 
    should also be applicable to youth camps in Federal parks. Under 
    those circumstances, the subject matter was properly before the 
    Education and Labor Committee without in any way infringing on the 
    Interior Committee's jurisdiction over national parks.

    Also speaking in opposition to the point of order, Mr. Peter A. 
Peyser, of New York, stated:

        Mr. Chairman, without having the parliamentary procedure or the 
    background on how the Chair is going to reach its final decision, I 
    believe that one thing that should be considered here is that the 
    area of the Federal lands that are involved in the national parks 
    and other areas that are used by camping associations and travel 
    camps are specific areas that should be included in this particular 
    act, and under this program. We gave instances that we can speak 
    of, and will show of fatalities that have occurred on Federal lands 
    where improper or no safety regulations that should have been 
    enforced were enforced. Where we are to position now, or certainly 
    are on our lands that are controlled by this Government, to 
    incorporate this in one bill and leave this most important section 
    as part of our Camp Safety Act.

    Announcing that he was ready to rule, the Chair explained his 
decision to sustain the point of order as follows:

        The gentleman from Pennsylvania (Mr. Saylor) has raised a point 
    of order against section 1914 of the pending measure on the ground 
    that it is not properly within the jurisdiction of the Committee on 
    Education and Labor.

        The section in question authorizes the Secretary of Health, 
    Education, and Welfare to develop safety standards to govern the 
    operation of Federal recreational camps.
        As the Chair understands the section, it pertains to camps and 
    campgrounds on Federal property--in national park reclamation 
    projects, national forests, at facilities operated by the Corps of 
    Engineers in connection with public works.
        The Chair does not feel that his reading of rule XI discloses 
    any clause which would place legislation with respect to safety 
    standards at such campsites within the jurisdiction of the 
    Committee on Education and Labor.
        The Chair feels that if a bill embodying the provisions of 
    section 1914 were introduced as a separate piece of legislation, it 
    would be referred to a committee other than the Committee on 
    Education and Labor.
        The Chair. therefore, sustains the point of order and the 
    language is

[[Page 2872]]

    stricken from the committee amendment.