[Deschler's Precedents, Volume 4, Chapters 15 - 17]
[Chapter 17. Committees]
[D. Jurisdiction of Committees]
[Â§ 37. Committee on Foreign Affairs]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 2872-2885]
 
                               CHAPTER 17
 
                               Committees
 
                         C. COMMITTEE PROCEDURE
 
Sec. 37. Committee on Foreign Affairs

    The Committee on Foreign Affairs has been a standing committee of 
the House since 1822.(19) Its jurisdiction pursuant to the 
1973 rules (1) read as follows:
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19. 4 Hinds' Precedents Sec. 4162. The name of the committee was 
        changed to the Committee on International Relations in the 94th 
        Congress [H. Res. 163, 121 Cong. Rec. 7343, 7344, 94th Cong. 
        1st Sess., Mar. 19, 1975], but was changed back to the 
        Committee on Foreign Affairs in the 96th Congress [H. Res. 89, 
        125 Cong. Rec. --, 96th Cong. 1st Sess., Feb. 5, 1979].
 1. Rule XI clause 7, House Rules and Manual Sec. 689 (1973). See Rule 
        X clause 1(h), House Rules and Manual Sec. 677 (1979).
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        (a) Relations of the United States with foreign nations 
    generally.
        (b) Acquisition of land and buildings for embassies and 
    legations in foreign countries.
        (c) Establishment of boundary lines between the United States 
    and foreign nations.
        (d) Foreign loans.
        (e) International conferences and congresses.
        (f) Intervention abroad and declarations of war.
        (g) Measures relating to the diplomatic service.
        (h) Measures to foster commercial intercourse with foreign 
    nations and to safeguard American business interests abroad.
        (i) Neutrality.
        (j) Protection of American citizens abroad and expatriation.
        (k) The American National Red Cross.
        (l) United Nations Organization and international financial and 
    monetary organizations.

    The rules (2) also provide:
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 2. Rule XXI clause 4, House Rules and Manual Sec. 845 (1979).
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        No bill for the payment or adjudication of any private claim 
    against the Government shall be referred, except by unanimous 
    consent, to any other than the following committees, namely: To the 
    Committee on Foreign Affairs or to the Committee on the Judiciary.

    The 1973 subcommittee structure for the Committee on Foreign 
Affairs consisted of four subject matter subcommittees, five regional 
subcommittees, and one special subcommittee, as follows:

                          Subject Matter Subcommittees

        (1) Foreign Economic Policy;
        (2) International Organizations and Movements;
        (3) National Security Policy and Scientific Development; and
        (4) State Department Organization and Foreign Operations.

                             Regional Subcommittees

        (1) Africa;
        (2) Asian and Pacific Affairs;

[[Page 2873]]

        (3) Europe;
        (4) Inter-American Affairs; and
        (5) Near East and South Asia.

                              Special Subcommittee

        Special Subcommittee for Review of Foreign Aid Programs.

    The following list,(3) consisting of the major 
activities of nine of the subcommittees during the 92d Congress, offers 
an insight into their jurisdictional scope:
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 3. This list was compiled by Roger H. Davidson for the use of the 
        Select Committee on Committees. See ``Monographs on the 
        Committees of the House of Representatives'' (93d Cong. 2d 
        Sess., Dec. 13, 1974), committee print, pp. 52-54 [enumeration 
        added].
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                    Subcommittee on Foreign Economic Policy

        (1) Coordinating U.S. foreign economic policy (hearings in full 
    Committee);
        (2) British entry into Common Market (hearings);
        (3) Economic policy toward Japan (hearings);
        (4) Foreign policy implications of energy crisis (hearings);
        (5) Italian war claims (hearing);
        (6) New economic policy (hearings);
        (7) Trade adjustment assistance (hearings);
        (8) United States-Canadian economic relations (hearings); and
        (9) U.S. foreign economic policy (hearings).

           Subcommittee on International Organizations and Movements

        (1) Atlantic Union delegation (hearings; markup);
        (2) International health problems (hearings);
        (3) International organizations authorizations (hearings; 
    markups);

        (4) Law of international organizations;
        (5) Micronesian claims (hearing; markup);
        (6) Moratoriums on killing wildlife (hearings; markups);
        (7) Northwest Atlantic fisheries (hearing; markup);
        (8) Spokane International Exhibition on the Environment 
    (markup);
        (9) Study missions;
        (10) U.N. activities (hearings);
        (11) U.N. Development Program (study tour);
        (12) U.N. sanctions against Rhodesia (hearings); and
        (13) World environment problems (hearings).

            Subcommittee on National Security Policy and Scientific 
                                  Developments

        (1) Indian Ocean (hearings);
        (2) Military assistance training (study);
        (3) National security policy and changing power alignment 
    (hearings-symposiums);
        (4) Prisoners of war (hearings);
        (5) Science, technology, and diplomacy (documents);
        (6) Strategic Arms Limitations Talks (briefings);
        (7) Transmittal of executive agreements to Congress (hearing; 
    markup); and
        (8) War powers (hearings; markup).

           Subcommittee on State Department Organization and Foreign 
                                   Operations

        (1) Diplomatic privileges (markup);

[[Page 2874]]

        (2) Passport legislation (hearing; markup);
        (3) Simas Kudirka case (hearings);
        (4) State Department authorizations (hearings; markups);
        (5) State Department grievance procedures (hearings);
        (6) USIA activities, authorizations (hearings);
        (7) USIA authorization (hearings; markups);
        (8) USIA coverage of Greece (hearing); and
        (9) USIA impact survey (study).

                             Subcommittee on Africa

        (1) North Africa (hearing with Near East Subcommittee);
        (2) Study missions to Africa (study tours);
        (3) U.N. and Africa (hearing with International Organizations 
    and Movements Subcommittee);
        (4) U.S. business involvement in Southern Africa (hearings); 
    and
        (5) U.S. investments in Southern Africa (study).

                   Subcommittee on Asian and Pacific Affairs

        (1) American-Korean relations (hearings);
        (2) China question (hearings; briefing);
        (3) East Pakistan crisis (hearings; study tour);
        (4) New China policy (hearings); and
        (5) Vietnam war legislation (hearing).

                             Subcommittee on Europe

        (1) Cold war (hearings);
        (2) Conference on European security (hearings);
        (3) European community and American interests (study tours with 
    International Organizations and Movements);
        (4) European developments (briefings);
        (5) European parliamentarians (study tour);
        (6) Greece, Spain, and NATO (hearings; study tour);
        (7) Homeporting in Greece (hearing);
        (8) International narcotics traffic (hearings);
        (9) Northern Ireland (hearings);
        (10) Soviet Jewry (hearings; markup); and
        (11) Soviet role in Middle East (hearings with Near East 
    Subcommittee).

                     Subcommittee on Inter-American Affairs

        (1) Fishing rights (hearing);
        (2) Inter-American Development Bank (hearings);
        (3) Inter-American Foundation (hearing);
        (4) International Boundary and Water Commission (hearing; 
    markup);
        (5) Latin American development (hearings);
        (6) Latin American events (hearings; briefings);
        (7) Latin American Parliament (tours);
        (8) Mexican-American Boundary Treaty of 1972 (hearing; markup);
        (9) Mexican trade (hearing);
        (10) Panama Canal (hearings);
        (11) Soviet activities in Cuba (document); and
        (12) Tijuana River flood control (hearing).

                           Subcommittee on Near East

        (1) American schools and hospitals abroad (hearing);

[[Page 2875]]

        (2) Future of Jerusalem (hearing);
        (3) Homeporting in Greece (hearings with Europe Subcommittee);
        (4) Middle East issues (briefings);
        (5) Middle East policy (report and recommendations);
        (6) North Africa (hearings with Africa Subcommittee);
        (7) Peace in the Middle East (hearings);
        (8) Sino-Soviet conflict: impact in Middle East (hearing);
        (9) Soviet involvement in Middle East (hearings with Europe 
    Subcommittee);
        (10) U.N. Relief and Works Agency (hearing); and
        (11) U.S. policy toward Persian Gulf (hearings).

    Over the years, the committee's jurisdiction has included bills 
\(4)\ to regulate bridges and dams on international waters, to maintain 
treaty rights of American fishermen, to provide for extradition 
agreements with foreign nations, to arrange for international 
arbitration, and to incorporate the American National Red Cross and 
protect its insignia. The committee has dealt with legislation 
pertaining to extradition with foreign nations, international 
arbitration, violations of neutrality, affairs of the consular service, 
creation of U.S. courts in foreign countries, treaty regulations 
protecting fur seals, subjects of commercial treaties and reciprocal 
arrangements,\(5)\ and some claims of an international nature.\(6)\
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 4. House Rules and Manual Sec. 690 (1973). See also Rule X clause 
        1(h), House Rules and Manual Sec. 677 (note) (1979).
 5. In the later practice, the Committee on Ways and Means has 
        considered such matters. House Rules and Manual Sec. 677 
        (1979).
 6. In the past, for example, the committee has reported bills 
        indemnifying governments for certain claims of their citizens; 
        see 7 Cannon's Precedents Sec. 1882. It should be borne in mind 
        that prior to 1947, there existed a Committee on Claims, the 
        jurisdiction of which was then transferred to the Committee on 
        the Judiciary.
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    As the precedents reveal, the committee's jurisdiction has also 
extended to such subjects as celebrating Pan American Day in the 
House,\(7)\ giving effect to an international convention on the 
regulation of whaling,\(8)\ establishing a District of Columbia 
corporation to aid international communications by domestic 
groups,\(9)\ extending the time within which to build a bridge across 
the Rio Grande River,\(10)\ receiving the Secretary of State's response 
to a resolution of inquiry on troop commitments abroad,\(11)\ waiving 
Neu
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 7. Sec. 37.9, infra.
 8. Sec. 37.6, infra.
 9. Sec. 37.4, infra.
10. Sec. 37.10, infra.
11. Sec. 37.11, infra.
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[[Page 2876]]

trality Act restrictions on the President in the ``Lend-Lease'' 
bill,\(12)\ receiving memorials of sympathy from foreign legislative 
bodies,\(13)\ and entertaining private claims arising out of the 
Foreign Service.\(14)\
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12. Sec. 37.7, infra.
13. Sec. 37.8, infra.
14. Sec. 37.5, infra; see also Rule XXI, clause 4, House Rules and 
        Manual Sec. 845 (1979).
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    The Committee Reform Amendments of 1974 vested jurisdiction in the 
Committee on Foreign Affairs over international economic policy, export 
controls, international commodity agreements other than sugar, 
international education, and trading with the enemy, and transferred 
jurisdiction from the committee over international financial and 
monetary organizations (to the Committee on Banking and Currency) over 
international fishing agreements (to the Committee on Merchant Marine 
and Fisheries). The Committee Reform Amendments also granted the 
committee special oversight jurisdiction (see Rule X clause 3(d), House 
Rules and Manual Sec. 693 [1979]): \(15)\
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15. H. Res. 988, 120 Cong. Rec. 34447-70, 93d Cong. 2d Sess., Oct. 8, 
        1974.
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        (d) The Committee on International Relations shall have the 
    function of reviewing and studying, on a continuing basis, all 
    laws, programs and Government activities dealing with or involving 
    customs administration, intelligence activities relating to foreign 
    policy, international financial and monetary organizations, and 
    international fishing agreements.

    In the 95th Congress, the Committee on Foreign Affairs was given 
jurisdiction over nonproliferation of nuclear technology and hardware 
and over international agreements on nuclear exports, upon the 
abolition of the legislative jurisdiction of the Joint Committee on 
Atomic Energy.\(16)\
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16. H. Res. 5, 123 Cong. Rec. 53, 95th Cong. 1st Sess., Jan. 4 
        1977.                          -------------------
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Appointments to U.S. Court for China

Sec. 37.1 The Committee on Foreign Affairs and not the Committee on the 
    Judiciary maintained jurisdiction of a bill authorizing the 
    appointment of a commissioner for the United States Court for China 
    and defining his duties.

    On Apr. 2, 1935,\(17)\ Speaker Joseph W. Byrns, of Tennessee, 
recognized Emanuel Celler, of New York, Chairman of the Committee on 
the Judiciary, who by direction
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17. 79 Cong. Rec. 4878, 4879, 74th Cong. 1st Sess.
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[[Page 2877]]

of that committee requested unanimous consent that the bill (H.R. 
6547), be rereferred from the Committee on Foreign Affairs to the 
Committee on the Judiciary.

    As Mr. Celler explained:

        Mr. Speaker, I have spoken to the chairman of the Committee on 
    Foreign Affairs, and he stated he wanted some time to confer with 
    the Parliamentarian. I may say, however, that bills of this 
    character were heretofore referred to the Committee on Foreign 
    Affairs because of an Executive order issued by the late President 
    Theodore Roosevelt back in 1906 which conferred jurisdiction over 
    that court to the State Department, but recently, on June 10, 1933, 
    by Executive order of Franklin D. Roosevelt, jurisdiction over the 
    United States Court for China, as well as insular courts, was 
    transferred to the Department of Justice. The Department of Justice 
    now exercises jurisdiction which the Department of State heretofore 
    exercised. The Judiciary Committee feels that the reference of 
    these bills, conferring, taking away, or enlarging jurisdiction 
    over these courts, and setting up purely judicial functions, should 
    be to the Judiciary Committee and not to the Committee on Foreign 
    Affairs.

    Shortly thereafter, objection having been voiced to the unanimous-
consent request, Mr. Celler moved that H.R. 6547 be rereferred to the 
Committee on the Judiciary. The Chair explained that the motion was not 
debatable, and when the question was taken on a division vote (demanded 
by Mr. Celler) there were ayes 37, noes 84. So the motion was rejected.

Citizens' International Claims

Sec. 37.2 The Committee on Foreign Affairs and not the Committee on 
    Interstate and Foreign Commerce has jurisdiction of an executive 
    communication proposing a bill to amend the International Claims 
    Settlement Act of 1949.

    On Mar. 28, 1958,\(18)\ Oren Harris, of Arkansas, Chairman of the 
Committee on Interstate and Foreign Commerce, obtained unanimous 
consent to have a letter (Exec. Comm. No. 1736), from the Chairman of 
the Foreign Claims Settlement Commission of the United States, 
transmitting a draft of the proposed legislation described above 
rereferred from his committee to the Committee on Foreign Affairs.
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18. 104 Cong. Rec. 5693, 85th Cong. 2d Sess.
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Sec. 37.3 The Committee on Foreign Affairs and not the Committee on 
    Claims (now the Committee on the Judiciary) had jurisdiction of a 
    bill for the payment of awards and appraisals heretofore made

[[Page 2878]]

    in favor of citizens of the United States on claims presented under 
    the General Claims Convention of Sept. 8, 1923, between the United 
    States and Mexico.

    On May 23, 1938,\(19)\ Sam D. McReynolds, of Tennessee, Chairman of 
the Committee on Foreign Affairs, obtained unanimous consent to have 
the Committee on Claims (now the Committee on the Judiciary), 
discharged from further consideration of the bill (S. 3104), and to 
have it rereferred to the Committee on Foreign Affairs. In so doing, 
Mr. McReynolds noted that there was no objection on the part of the 
Committee on Claims.\(20)\
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19. 83 Cong. Rec. 7273, 75th Cong. 3d Sess.
20. S. 3104 was reported by the Committee on Foreign Affairs on May 26, 
        1938 (H. Rept. No. 2496).
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D.C. Corporation to Aid International Communications

Sec. 37.4 The Committee on Foreign Affairs, and not the Committee on 
    the District of Columbia, considered a measure providing for the 
    establishment of a District of Columbia corporation intended to 
    provide support for the activities of private American 
    organizations engaged in the field of communications with foreign 
    peoples.

    On June 21, 1971,\(21)\ John L. McMillan, of South Carolina, 
Chairman of the Committee on the District of Columbia, obtained 
unanimous consent to have his committee discharged from further 
consideration of an executive communication (Exec. Comm. No. 740), and 
to have it rereferred to the Committee on Foreign Affairs.
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21. 117 Cong. Rec. 21062, 92d Cong. 1st Sess.
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Foreign or Diplomatic Service

Sec. 37.5 The Committee on Foreign Affairs has jurisdiction over 
    private claims arising out of the Foreign Service.

    On May 29, 1936,\(22)\ Speaker Joseph W. Byrns, of Tennessee, 
recognized John J. O'Connor, of New York, Chairman of the Committee on 
Rules, who requested unanimous consent for the immediate consideration 
of the following resolution reported from that committee:
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22. 80 Cong. Rec. 8352, 74th Cong. 2d Sess.
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                              House Resolution 498

        Resolved, That Rule XXI, clause 3, be, and is hereby, amended 
    to read as follows:
        ``3. No bill for the payment or adjudication of any private 
    claim against

[[Page 2879]]

    the Government shall be referred, except by unanimous consent; to 
    any other than the following-named committees, namely: To the 
    Committee on Foreign Affairs, to the Committee on Invalid Pensions, 
    to the Committee on Pensions, to the Committee on Claims, to the 
    Committee on War Claims, to the Committee on the Public Lands, and 
    to the Committee on Accounts.''

    Reserving the right to object, Mr. Joseph W. Martin, Jr., of 
Massachusetts, requested an explanation of the measure from Mr. 
O'Connor.
    Mr. O'Connor replied, as follows:

        Mr. Speaker, this is an amendment of the rules \(23)\ with 
    reference to the referring of private claims bills. For many years 
    the Committee on Foreign Affairs has been handling private claims 
    relating to the Consular Service. Some time ago a suggestion was 
    made that a point of order might lie against such claims. There are 
    some on the Consent Calendar, and to obviate the possibility of a 
    point of order being made against a long-established custom, an 
    amendment to this rule seems necessary, and the Committee on Rules 
    reported it out and it was thought that this would be the most 
    expeditious way of disposing of it.
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23. This clause (clause 3) did not then include the Committee on 
        Foreign Affairs [see H. Jour. 1280, 74th Cong. 1st Sess. 
        (1935)] and thus a point of order against referral of a bill to 
        the Committee on Foreign Affairs containing such private claims 
        or against a report of that committee placed on the Consent 
        Calendar, might have been sustained.
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    Shortly thereafter, the House granted unanimous consent to consider 
the resolution, and it was agreed to.(24)
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24. For a more recent version of the rule in question, see Rule XXI 
        clause 4, House Rules and Manual Sec. 845 (1979).
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International Agreements

Sec. 37.6 The Committee on Foreign Affairs and not the Committee on the 
    Judiciary has jurisdiction of a bill to give effect to the 
    convention between the United States and certain other countries 
    for the regulation of whaling, concluded at Geneva, Sept. 24, 1931, 
    and signed on the part of the United States, Mar. 31, 1932.

    On Feb. 3, 1936,(25) Sam D. McReynolds, of Tennessee, 
Chairman of the Committee on Foreign Affairs requested unanimous 
consent that the bill (S. 3413), be rereferred to the Committee on 
Foreign Affairs. Noting that the bill had been originally referred to 
the Committee on the Judiciary, Mr. McReynolds stated that he had 
``discussed it with the chairman of that committee, and it is satisfac
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25. 80 Cong. Rec. 1381, 74th Cong. 2d Sess.
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[[Page 2880]]

tory to him that it be rereferred to the Committee on Foreign 
Affairs.''

    Immediately thereafter, the House granted unanimous 
consent.(26)
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26. S. 3413 was reported by the Committee on Foreign Affairs on Mar. 
        12, 1936 (H. Rept. No. 2154).
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``Lend-Lease'' or ``Aid to Britain'' Bills

Sec. 37.7 The House determined that the Committee on Foreign Affairs 
    and not the Committee on Military Affairs (now the Committee on 
    Armed Services) had jurisdiction of the so-called ``Lend-Lease'' or 
    ``Aid to Britain'' bill, the major purpose of which was to waive 
    certain restrictions placed upon the President under the Neutrality 
    Act and to substitute therefor an affirmative grant of power, 
    enabling the President to negotiate with foreign governments 
    regarding the possible exchange of weaponry, vessels, ``defense 
    articles,'' and ``defense information.''

    On Jan. 10, 1941,(27) after noting that a bill (H.R. 
1776) had just been introduced to promote the defense of the United 
States and for other purposes, Andrew J. May, of Kentucky, Chairman of 
the Committee on Military Affairs, addressed a series of parliamentary 
inquiries to Speaker Sam Rayburn, of Texas, regarding the reference of 
the bill and the procedure necessary to effect a rereferral. The 
discussion, in which Mr. Earl C. Michener, of Michigan, subsequently 
joined, encompassed several procedural matters, among them: the 
principle that a motion to rerefer is not in order until a bill has 
been initially referred to a committee and until the committee seeking 
jurisdiction has authorized its chairman to make such a motion; that 
the motion to rerefer is in order any time the House is in session, 
after approval of the Journal, until the bill is finally reported by 
the committee to which referred; that such a motion, when authorized by 
the committee seeking jurisdiction, is privileged and not debatable; 
and that the particular bill in question, H.R. 1776, had already been 
referred to the Committee on Foreign Affairs.
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27. 87 Cong. Rec. 100, 77th Cong. 1st Sess.
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    Following these preliminary inquiries, the measure itself was 
printed in the Record by unanimous consent and read as follows: 
(1)
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 1. Id. at p. 103.
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[[Page 2881]]

        Be it enacted, etc., That this act may be cited as ``An act to 
    promote the defense of the United States.''
        Sec. 2. As used in this act--
        (a) The term ``defense article'' means--
        (1) Any weapon, munition, aircraft, vessel, or boat;
        (2) Any machinery, facility, tool, material, or supply 
    necessary for the manufacture, production, processing, repair, 
    servicing, or operation of any article described in this 
    subsection;
        (3) Any component material or part of or equipment for any 
    article described in this subsection;
        (4) Any other commodity or article for defense.
        Such term ``defense article'' includes any article described in 
    this subsection: Manufactured or procured pursuant to section 3, or 
    to which the United States or any foreign government has or 
    hereafter acquires title, possession, or control.
        (b) The term ``defense information'' means any plan, 
    specification, design, prototype, or information pertaining to any 
    defense article.
        Sec. 3. (a) Notwithstanding the provisions of any other law, 
    the President may, from time to time, when he deems it in the 
    interest of national defense, authorize the Secretary of War, the 
    Secretary of the Navy, or the head of any other department or 
    agency of the Government--

        (1) To manufacture in arsenals, factories, and shipyards under 
    their jurisdiction, or otherwise procure, any defense article for 
    the government of any country whose defense the President deems 
    vital to the defense of the United States.
        (2) To sell, transfer, exchange, lease, lend, or otherwise 
    dispose of, to any such government any defense article.
        (3) To test, inspect, prove, repair, outfit, recondition, or 
    otherwise to place in good working order any defense article for 
    any such government.
        (4) To communicate to any such government any defense 
    information, pertaining to any defense article furnished to such 
    government under paragraph (2) of this subsection.
        (5) To release for export any defense article to any such 
    government.
        (b) The terms and conditions upon which any such foreign 
    government receives any aid authorized under subsection (a) shall 
    be those which the President deems satisfactory, and the benefit to 
    the United States may be payment or repayment in kind or property, 
    or any other direct or indirect benefit which the President deems 
    satisfactory.
        Sec. 4. All contracts or agreements made for the disposition of 
    any defense article or defense information pursuant to section 3 
    shall contain a clause by which the foreign government undertakes 
    that it will not, without the consent of the President, transfer 
    title to or possession of such defense article or defense 
    information by gift, sale, or otherwise, or permit its use by 
    anyone not an officer, employee, or agent of such foreign 
    government.
        Sec. 5. The Secretary of War, the Secretary of the Navy, or the 
    head of any other department or agency of the Government involved 
    shall, when any such defense article or defense information is 
    exported, immediately inform the department or agency designated by 
    the President to administer

[[Page 2882]]

    section 6 of the act of July 2, 1940 (54 Stat. 714), of the 
    quantities, character, value, terms of disposition, and destination 
    of the article and information so exported.
        Sec. 6. (a) There is hereby authorized to be appropriated from 
    time to time, out of any money in the Treasury not otherwise 
    appropriated, such amounts as may be necessary to carry out the 
    provisions and accomplish the purposes of this act.
        (b) All money and all property which is converted into money 
    received under section 3 from any government shall, with the 
    approval of the Director of the Budget, revert to the respective 
    appropriation or appropriations out of which funds were expended 
    with respect to the defense article or defense information for 
    which such consideration is received, and shall be available for 
    expenditure for the purpose for which such expended funds were 
    appropriated by law, during the fiscal year in which such funds are 
    received and the ensuing fiscal year.
        Sec. 7. The Secretary of War, the Secretary of the Navy, and 
    the head of the department or agency shall in all contracts or 
    agreements for the disposition of any defense article or defense 
    information fully protect the rights of all citizens of the United 
    States who have patent rights in and to any such article or 
    information which is hereby authorized to be disposed of and the 
    payments collected for royalties on such patents shall be paid to 
    the owners and holders of such patents.
        Sec. 8. The Secretaries of War and of the Navy are hereby 
    authorized to purchase or otherwise acquire arms, ammunition, and 
    implements of war produced within the jurisdiction of any country 
    to which section 3 is applicable, whenever the President deems such 
    purchase or acquisition to be necessary in the interests of the 
    defense of the United States.
        Sec. 9. The President may, from time to time, promulgate such 
    rules and regulations as may be necessary and proper to carry out 
    any of the provisions of this act; and he may exercise any power or 
    authority conferred on him by this act through such department, 
    agency, or officer as he shall direct.

    On Jan. 13, 1941,(2) Mr. May requested unanimous consent 
to address the House for 10 minutes. In the course of a brief exchange 
with Mr. Edward E. Cox, of Georgia, following the latter's reservation 
of objection, Mr. May stated that he had been directed by his committee 
[the Committee on Military Affairs] to move that H.R. 1776 be 
rereferred to it.
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 2. 87 Cong. Rec. 126, 77th Cong. 1st Sess.
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    Shortly thereafter, Speaker Rayburn recognized Mr. John W. 
McCormack, of Massachusetts, and the following exchange took place:

        Mr. McCormack: Mr. Speaker, reserving the right to object, does 
    the gentleman from Kentucky take the position that the Speaker made 
    an incorrect reference of this bill to a committee?

[[Page 2883]]

        Mr. May: It is my candid judgment, based upon a careful 
    consideration of all the precedents, a study of Cannon's Precedents 
    and the rules as discussed by him in his book, that this bill which 
    provides--and I quote the title--``Further to promote the defense 
    of the United States, and for other purposes,'' relates to matters 
    of national defense.
        Mr. McCormack: That, of course, has nothing to do with the 
    reference of the bill.
        Mr. May: Just a moment. The title is followed by expressions in 
    many sections of the bill which relate to national defense. It 
    clearly authorizes the sale, leasing, or giving of both Army and 
    Navy equipment. Under no conditions do I question either the 
    motives or good faith of our most distinguished Speaker, and I am 
    merely acting in accord with the resolution of my committee.

    Following an intervening point of order, Mr. McCormack continued 
the exchange (3) while still reserving objection, and 
inquired of Mr. May whether he would acknowledge the Committee on Naval 
Affairs and the Committee on Ways and Means as possessing 
jurisdictional rights over the bill.
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 3. Id. at p. 127.
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    Mr. May's response, in part, was, as follows:

        I will admit very frankly that there are provisions in this 
    bill that would, under certain circumstances justify the reference 
    of the bill to any one of two or three committees, but the general 
    rule is that when the major question involved is one relating to 
    national defense, it should be referred to the committee having 
    jurisdiction of the major issue.
        So far as we are concerned here, this can be carried on through 
    the War and Navy Department and not through the State Department, 
    which deals only with diplomatic matters. In the instant case the 
    major issue is the disposition of war materials. For this reason, 
    and for the additional reason that the bill abolishes without 
    consideration statute after statute enacted by this Congress, 
    ignoring them completely and putting them out of effect in order to 
    carry out the provisions of the bill--and they all relate to 
    national defense--I believe the bill should be referred to the 
    Committee on Military Affairs.

    Shortly thereafter, the regular order was demanded, after which Mr. 
May offered the privileged motion to rerefer H.R. 1776 from the 
Committee on Foreign Affairs to the Committee on Military Affairs.
    Following a parliamentary inquiry relative to procedures for 
referral,(4) the Speaker put the question on the 
preferential [and nondebatable] motion to rerefer offered by Mr. May, 
and the motion was rejected.
---------------------------------------------------------------------------
 4. Id. at pp. 127, 128. See also Sec. 28.3, supra, for discussion of 
        procedural questions involving motion to rerefer.
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Memorials of Sympathy From Foreign Legislative Bodies

Sec. 37.8 Memorials of foreign legislative bodies, paying trib

[[Page 2884]]

    ute to the memory of the late President John F. Kennedy, were 
    referred by the Speaker to the Committee on Foreign Affairs.

    On Dec. 19, 1963,(5~) Speaker John W. McCormack, of 
Massachusetts, referred the memorials described above, which emanated 
from more than 20 foreign legislative bodies, to the Committee on 
Foreign Affairs.
---------------------------------------------------------------------------
 5. 109 Cong. Rec. 25251, 88th Cong. 1st Sess.
---------------------------------------------------------------------------

Pan American Day

Sec. 37.9 A resolution designating a day for the celebration in the 
    House of Pan American Day was referred to the Committee on Foreign 
    Affairs.

    On Mar. 3, 1966,(6) Mr. Armistead I. Selden, Jr., of 
Alabama, introduced the resolution (H. Res. 754), and it was referred 
to the Committee on Foreign Affairs.
---------------------------------------------------------------------------
 6. 112 Cong. Rec. 4887, 89th Cong. 2d Sess.
---------------------------------------------------------------------------

    Parliamentarian's Note: Resolutions setting a date for the 
celebration of Pan American Day were normally submitted and called up 
by unanimous consent, without reference to a committee. In this case, 
the resolution was called up by unanimous consent, thus discharging the 
committee. The resolution has usually been submitted and called up by 
the Chairman, Subcommittee on Inter-American Affairs, Committee on 
Foreign Affairs. The House considered such resolutions annually from 
1945 until 1973.

Rio Grande River Bridge Construction

Sec. 37.10 The Committee on Foreign Affairs and not the Committee on 
    Interstate and Foreign Commerce has jurisdiction of a bill to 
    extend the times for commencing and completing the construction of 
    a free bridge across the Rio Grande River at or near Del Rio, 
    Texas.

    On Apr. 2, 1951,(7) Mr. Dwight L. Rogers, of Florida, 
obtained unanimous consent to have the Committee on Interstate and 
Foreign Commerce discharged from further consideration of the bill 
(H.R. 3299), and to have it rereferred to the Committee on Foreign 
Affairs.(8)
---------------------------------------------------------------------------
 7. 97 Cong. Rec. 3126, 82d Cong. 1st Sess.
 8. H.R. 3299 was reported by the Committee on Foreign Affairs on Aug. 
        14, 1951 (H. Rept. No. 867).
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Troop Commitments Abroad

Sec. 37.11 The House having adopted a resolution of in

[[Page 2885]]

    quiry directing the Secretary of State to provide information on 
    any Presidential commitments requiring the sending of additional 
    American troops beyond U.S. continental limits, the Secretary's 
    reply was laid before the House, read, and referred to the 
    Committee on Foreign Affairs which reported out the original 
    resolution.

    On Feb. 20, 1952,(9) James P. Richards, of South 
Carolina, Chairman of the Committee on Foreign Affairs, called up a 
privileged resolution of inquiry (H. Res. 514) which the House adopted, 
as follows: (10)
---------------------------------------------------------------------------
 9. 98 Cong. Rec. 1205, 82d Cong. 2d Sess.
10. Id. at p. 1216.
---------------------------------------------------------------------------

        Resolved, That the Secretary of State, is directed to transmit 
    to the House of Representatives, at the earliest practicable date, 
    full and complete information with respect to any agreements, 
    commitments, or understandings which may have been entered into by 
    the President of the United States and the Prime Minister of Great 
    Britain in the course of their conversations during January 1952, 
    and which might require the shipment of additional members of the 
    Armed Forces of the United States beyond the continental limits of 
    the United States or involve United States forces in armed conflict 
    on foreign soil.

    On Mar. 5, 1952,(11) Speaker Sam Rayburn, of Texas, laid 
before the House the following communication (H. Doc. No. 378) from the 
Secretary of State, which was read, referred to the Committee on 
Foreign Affairs, and ordered to be printed:
---------------------------------------------------------------------------
11. 98 Cong. Rec. 1892, 82d Cong. 2d Sess.
---------------------------------------------------------------------------
                                            Department of State,
                                  Washington, D.C., March 4, 1952.
                                          The Honorable Sam Rayburn,
                            Speaker of the House of Representatives.

            My Dear Mr. Speaker: I have been directed by the President 
        to acknowledge receipt of House Resolution 514 and to call 
        attention to his statement of February 20, when, at his press 
        conference, he responded to the question, ``Have any 
        commitments been made to Great Britain on sending troops 
        anywhere?'' by a categorical ``No.''
              Sincerely yours,
                                                     Dean Acheson.