[Deschler's Precedents, Volume 4, Chapters 15 - 17]
[Chapter 17. Committees]
[D. Jurisdiction of Committees]
[Â§ 42. Committee on Interstate and Foreign Commerce]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 2924-2939]
 
                               CHAPTER 17
 
                               Committees
 
                         C. COMMITTEE PROCEDURE
 
Sec. 42. Committee on Interstate and Foreign Commerce

    The House first established a Committee on Commerce and 
Manufactures in 1795.(11) The committee was split in 1819, 
and one of the offspring of that split, the Committee on Commerce, was 
renamed in 1892--becoming the Committee on Interstate and Foreign 
Commerce.(12)
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11. 4 Hinds' Precedents Sec. 4096.
12. 4 Hinds' Precedents Sec. 4096.
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    During the course of its history, the committee has undergone a 
number of jurisdictional changes. Until 1883, it had reported the 
rivers and harbors appropriation bill.(13) In 1935, 
jurisdiction over measures dealing with water transportation, the Coast 
Guard, lifesaving service, lighthouses, lightships, ocean derelicts, 
the Coast and Geodetic Survey, and the Panama Canal was transferred to 
the Committee on Merchant Marine and Fisheries.(14) At the 
same time, the Committee on Interstate and Foreign Commerce received 
exclusive jurisdiction over measures pertaining to radio.(1) 
In 1947, by virtue of the Legislative Reorganization Act of 1946, the 
committee's jurisdiction was expanded to include most of its current 
responsibilities. In 1958, however, matters relating to the Bureau of 
Standards, standardization of weights and measures, and the metric 
system became the responsibility of the Committee on Science and 
Astronautics.(2)
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13. 4 Hinds' Precedents Sec. 4096.
14. Rule XI clause 12, House Rules and Manual Sec. 704 (1973). See Rule 
        X clause 1(l), House Rules and Manual Sec. 681 (1979).
 1. Rule XI clause 12, House Rules and Manual Sec. 704 (1973). See Rule 
        X clause 1(l), House Rules and Manual Sec. 681 (1979).
 2. 104 Cong. Rec. 14513, 85th Cong. 2d Sess., July 21, 1958.
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    The jurisdiction of the Committee on Interstate and Foreign 
Commerce pursuant to the 1973 rules read as follows: (3~)
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 3. Rule XI clause 12, House Rules and Manual Sec. 704 (1973). See Rule 
        X clause 1(l), House Rules and Manual 681 (1979).

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[[Page 2925]]

        (a) Interstate and foreign commerce generally.
        (b) Civil aeronautics.
        (c) Inland waterways.
        (d) Interstate oil compacts and petroleum and natural gas, 
    except on the public lands.
        (e) Public health and quarantine.
        (f) Railroad labor and railroad retirement and unemployment, 
    except revenue measures relating thereto.
        (g) Regulation of interstate and foreign communications.
        (h) Regulation of interstate and foreign transportation, except 
    transportation by water not subject to the jurisdiction of the 
    Interstate Commerce Commission.
        (i) Regulation of interstate transmission of power, except the 
    installation of connections between Government water-power 
    projects.
        (j) Securities and exchanges.
        (k) Weather Bureau.

    Among the major pieces of legislation which the committee has 
reported out and which require periodic legislative activity are the 
following:

        (1) Airport and Airway Development Act of 1970.
        (2) Clean Air Act.
        (3) Communications Act of 1934.
        (4) Campaign Contributions Reform Act (Title I, Federal 
    Elections Campaign Act of 1971).
        (5) Communications Satellite Act of 1962.
        (6) Controlled Substances Act of 1970.
        (7) Community Mental Health Centers Act.
        (8) Emergency Rail Services Act of 1970.
        (9) Fair Packaging and Labeling Act.
        (10) Federal Aviation Act of 1958.
        (11) Federal Cigarette Labeling and Advertising Act.
        (12) Federal Food, Drug, and Cosmetic Act.
        (13) Federal Hazardous Substances Act.
        (14) Federal Power Act.
        (15) Federal Railroad Safety Act of 1970.
        (16) Federal Trade Commission Act.
        (17) Flammable Fabrics Act.
        (18) National Emissions Standards Act.
        (19) Natural Gas Act.
        (20) National Traffic and Motor Vehicle Safety Act of 1966.
        (21) Public Health Service Act.
        (22) Rail Passenger Service Act of 1970.
        (23) Railroad Retirement Act of 1935.
        (24) Securities and Exchange Act of 1934.
        (25) Securities Investor Protection Act of 1970.
        (26) War Claims Act of 1948.

    In addition to its nonlegislative Subcommittee on Investigations, 
the Committee on Interstate and Foreign Commerce, in 1973, consisted of 
four legislative subcommittees with the following responsibilities:

                      Subcommittee on Commerce and Finance

        (a) Interstate and foreign commerce generally (including 
    Federal Trade Commission and labeling);

[[Page 2926]]

        (b) Securities and exchanges;
        (c) Motor vehicle safety;
        (d) Newsprint, pulp and paper, and brand names;
        (e) Trading With the Enemy and War Claims Acts; and
        (f) Travel and tourism.

                    Subcommittee on Communications and Power

        (a) Interstate and foreign communications;
        (b) Weather Bureau;
        (c) Petroleum and natural gas (including interstate oil 
    compacts); and
        (d) Interstate electric power.

                 Subcommittee on Public Health and Environment

        (a) Public health and quarantine;
        (b) Food and drugs;
        (c) Hospital construction;
        (d) Mental health and research; and
        (e) Air pollution.

                 Subcommittee on Transportation and Aeronautics

        (a) Interstate and Foreign Transportation;
        (b) Civil aeronautics (including Federal Aviation 
    Administration and Civil Aeronautics Board);
        (c) Inland waterways;
        (d) Railroad retirement and unemployment; and
        (e) Railroad labor.

    The committee's jurisdiction also extends to bills authorizing the 
construction of marine hospitals and the acquisition of sites therefor, 
the establishment of quarantine stations, the spread of leprosy and 
other contagious diseases, measures declaring whether or not streams 
are navigable and for preventing or regulating hindrances to navigation 
(except bridges and dams that are part of river improvements), bills 
regulating railroads in their interstate commerce relations, bills 
relating to commercial travelers as agents of interstate commerce, the 
branding of articles going into such commerce, the prevention of the 
carriage of indecent and harmful pictures or literature, the protection 
of game through prohibition of interstate transportation, and to a 
certain extent, the regulation of the export of livestock, meat, and 
other agricultural products.(4)
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 4. All of the foregoing are cited in the House Rules and Manual 
        Sec. Sec. 705, 706 (1973). See also Rule X clause 1(l), House 
        Rules and Manual Sec. 681 (1979).
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    Moreover, as the precedents reveal, the jurisdiction of the 
committee and its predecessors has included such other legislative 
matters as creating civil remedies in federal courts for certain 
violations of commercial ethics,(5) providing aid to 
engineering and industrial research,(6) authorizing loan 
guarantees to institutions of higher education for development of 
telecommunications systems,(7)
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 5. Sec. 42.3, infra.
 6. Sec. 42.4, infra.
 7. Sec. 42.8, infra.
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[[Page 2927]]

assisting in the financing of the arctic winter games in 
Alaska,(8) constructing hospitals in Indian 
communities,(~9~) imposing safety standards on government-
purchased vehicles,(10) dealing with war claims of American 
nationals against foreign countries,(11) and foreign 
nationals' war claims against the United States.(12)
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 8. Sec. 42.1, infra.
 9. Sec. 42.7, infra.
10. Sec. 42.10, infra.
11. Sec. Sec. 42.12, 42.13, infra.
12. Sec. 42.14, infra.
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    The Committee Reform Amendments of 1974 vested in the Committee on 
Interstate and Foreign Commerce jurisdiction over consumer affairs and 
consumer protection, health and health facilities except those 
supported by payroll deductions, and biomedical research and 
development; the committee lost jurisdiction over civil aeronautics (to 
the Committee on Public Works and Transportation), civil aviation 
research and development and the National Weather Service (to the 
Committee on Science and Technology), and trading with the enemy (to 
the Committee on Foreign Affairs).(~13~)
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13. H. Res. 988, 120 Cong. Rec. 34447-70, 93d Cong. 2d Sess., Oct. 8, 
        1974, effective Jan. 3, 1975.
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    In the 95th Congress, the committee obtained ``the same 
jurisdiction with respect to regulation of nuclear facilities and of 
use of nuclear energy as it has with respect to regulation of 
nonnuclear facilities and of use of nonnuclear energy,'' and obtained 
the special oversight function of reviewing and studying all laws, 
programs, and government activities relating to nuclear energy. See the 
``Memorandum of Understanding'' relating to this jurisdiction and to 
that of the Committee on Interior and Insular Affairs inserted by Mr. 
Jonathan B. Bingham, of New York, during debate on the adoption of the 
rules in the 95th Congress.(l4)
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14. H. Res. 5, 123 Cong. Rec. 64, 95th Cong. 1st Sess., Jan. 4, 1977.
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Arctic Winter Games--Financing

Sec. 42.1 In the 92d Congress, the Committee on Interstate and Foreign 
    Commerce, and not the Committee on Interior and Insular Affairs, 
    was given jurisdiction of a bill to assist in financing by the 
    Secretary of Commerce of the arctic winter games in Alaska in 1974.

    On June 7, 1972,(15) Wayne N. Aspinall, of Colorado, 
Chairman of
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15. 118 Cong. Rec. 19935, 92d Cong. 2d Sess.
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[[Page 2928]]

the Committee on Interior and Insular Affairs, obtained unanimous 
consent to have his committee discharged from further consideration of 
the bill (S. 2988), and to have it rereferred to the Committee on 
Interstate and Foreign Commerce.

Civil Aeronautics

Sec. 42.2 In the 91st Congress, the Committee on Interstate and Foreign 
    Commerce, with the concurrence of the Committee on Ways and Means, 
    was given jurisdiction over legislative proposals providing for the 
    expansion and improvement of airports and related facilities, even 
    where such proposals included amendments to the Internal Revenue 
    Code and the imposition of user charges on passengers and property 
    transported by air; but the Committee on Ways and Means reserved 
    the right to consider the tax features of such legislative 
    proposals separately.

    On June 18, 1969,(16) Speaker John W. McCormack, of 
Massachusetts, recognized Wilbur D. Mills, of Arkansas, Chairman of the 
Committee on Ways and Means, who made the following request:
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16. 115 Cong. Rec. 16301, 91st Cong. 1st Sess.
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        Mr. Speaker, I ask unanimous consent that Executive 
    Communication No. 863, received from the Secretary of 
    Transportation on June 17, relating to the future of air 
    transportation, and referred to the Committee on Ways and Means, be 
    referred to the Committee on Interstate and Foreign Commerce 
    because the chairman of the Committee on Interstate and Foreign 
    Commerce and the chairman of the Committee on Ways and Means 
    understand that the tax provisions contained in that message will 
    be handled by the Committee on Ways and Means.

    Immediately thereafter, unanimous consent was granted.
    Parliamentarian's Note: Executive Communication No. 863, which 
proposed the enactment of an Aviation Facilities Expansion Act and 
included extensive amendments to the Internal Revenue Code was 
initially referred to the Committee on Ways and Means because of the 
tax features contained therein. Following discussions between the 
Chairmen of the Committee on Ways and Means and the Committee on 
Interstate and Foreign Commerce, the communication was rereferred to 
the Committee on Interstate and Foreign Commerce. After the 
rereference, the Chairman of that committee, Harley O. Staggers, of 
West Virginia, introduced a bill

[[Page 2929]]

(H.R. 12374), on June 24, 1969,(17) embodying the proposals 
contained in the draft bill submitted with Executive Communication No. 
863. H.R. 12374 was referred to the Committee on Interstate and Foreign 
Commerce. A precedent for this agreement between the two committees was 
a similar arrangement which had been worked out with respect to the 
Federal Aid Highway Act of 1959,(18) where title II was 
considered by the Committee on Ways and Means although the primary 
jurisdiction over the program fell within the Committee on Public 
Works.
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17. 115 Cong. Rec. 17138, 91st Cong. 1st Sess.
18. See Sec. 29.4 supra.
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Unfair Trade Practices

Sec. 42.3 In the 87th Congress, the Committee on Interstate and Foreign 
    Commerce, and not the Committee on the Judiciary, had jurisdiction 
    of bills creating civil remedies (including injunctions), in the 
    federal courts for misleading or false advertising, dilution of 
    trademark or trade name distinctiveness, or violation of commercial 
    ethics.

    On June 4, 1962,(19) Speaker John W. McCormack, of 
Massachusetts, recognized Emanuel Celler, of New York, Chairman of the 
Committee on the Judiciary, who made the following request:
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19. 108 Cong. Rec. 9601, 87th Cong. 2d Sess.
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        Mr. Speaker, I ask unanimous consent that H.R. 10038, to 
    provide civil remedies to persons damaged by unfair commercial 
    activities in or affecting commerce, and H.R. 10124, be referred to 
    the Committee on Interstate and Foreign Commerce. They were 
    improperly referred to the Committee on the Judiciary. The subject 
    matter of these bills should be properly before the Committee on 
    Interstate and Foreign Commerce.
        A previous bill, H.R. 4590, which is superseded by H.R. 10038, 
    had been referred to the Committee on Interstate and Foreign 
    Commerce, and the present bill should likewise fall within that 
    category.

    Shortly thereafter, the House agreed by unanimous consent to Mr. 
Celler's request.

    Parliamentarian's Note: H.R. 10038 and H.R. 10124 were identical 
bills based on language in H.R. 4590, which as Mr. Celler indicated, 
had been originally referred to the Committee on Interstate and Foreign 
Commerce.

Engineering and Industrial Research

Sec. 42.4 In the 75th Congress, the Committee on Interstate and Foreign 
    Commerce and not the Committee on Education (now the Committee on 
    Edu

[[Page 2930]]

    cation and Labor), had jurisdiction of a bill to aid engineering 
    and industrial research in connection with colleges and schools of 
    engineering in the several state and territorial universities and 
    colleges.

    On Apr. 2, 1937,(20) Mr. Fritz G. Lanham, of Texas, a 
member of the Committee on Education (now the Committee on Education 
and Labor), obtained unanimous consent to have his committee discharged 
from further consideration of the bill (H.R. 5531), and to have it 
rereferred to the Committee on Interstate and Foreign Commerce.
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20. 81 Cong. Rec. 3090, 75th Cong. 1st Sess.
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Federal Alcohol Administration Act

Sec. 42.5 The Committee on interstate and Foreign Commerce and not the 
    Committee on Ways and Means has jurisdiction of a bill to amend the 
    Federal Alcohol Administration Act to regulate commerce in 
    distilled spirits.

    On June 18, 1948,(21) Mr. Daniel A. Reed, of New York, a 
member of the Committee on Ways and Means, obtained unanimous consent 
to have that committee discharged from further consideration of the 
bill (H.R. 5849), and to have it rereferred to the Committee on 
Interstate and Foreign Commerce.
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21. 94 Cong. Rec. 8918, 80th Cong. 2d Sess.
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Holding Companies

Sec. 42.6 The Committee on Interstate and Foreign Commerce has 
    jurisdiction of a concurrent resolution directing the Federal Trade 
    Commission to investigate and report back to the Congress on 
    propaganda regarding federal legislation on the subject of holding 
    companies.

    On Mar. 14, 1935,(1) Speaker Joseph W. Byrns, of 
Tennessee, recognized Mr. Sam Rayburn, of Texas, a member of the 
Committee on Interstate and Foreign Commerce, who asked unanimous 
consent that the House immediately consider Senate Concurrent 
Resolution No. 12, which read as follows:
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 1. 79 Cong. Rec. 3623, 74th Cong. 1st Sess.
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        Resolved by the Senate (the House of Representatives 
    concurring), That the Federal Trade Commission be, and it is 
    hereby, directed to make an investigation and report its 
    conclusions to the Congress as to the propaganda which is now going 
    on over the Nation re

[[Page 2931]]

    garding Federal legislation on the subject of holding companies, 
    and to inform the Congress the origin, magnitude, purpose, methods, 
    and expense of said propaganda.

    Reserving the right to object, Mr. Bertrand H. Snell, of New York, 
initiated the following exchange:

        . . . [H]as the gentleman [Mr. Rayburn] taken up this 
    resolution with the members of his committee?
        Mr. Rayburn: The resolution would not have gone to the 
    Committee on Interstate and Foreign Commerce in my opinion. I think 
    it would have gone to the Rules Committee.
        Mr. Snell: Has it been taken up with the Rules Committee?
        Mr. Rayburn: No.
        Mr. Snell: It seems to me a matter as important as this ought 
    to be taken up with some committee and should have some little 
    consideration. I do not know that I shall object, but I really 
    think if it is a matter that should go to the Interstate and 
    Foreign Commerce Committee that the ranking minority member of that 
    committee should have an opportunity to be here, or at least have 
    been notified before it was brought out on the floor.
        Mr. Rayburn: It is my impression it would not go to that 
    committee.
        Mr. Snell: Mr. Speaker, a parliamentary inquiry.
        The Speaker: The gentleman will state it.
        Mr. Snell: What committee would this resolution naturally go 
    to?
        The Speaker: The Committee on Interstate and Foreign Commerce.

    Mr. Rayburn's unanimous-consent request was objected 
to.(2)
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 2. Id. at p. 3626.
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    And, on the following day,(3) the Speaker referred the 
measure to the Committee on Interstate and Foreign Commerce.
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 3. 79 Cong. Rec. 3776, 74th Cong. 1st Sess., Mar. 15, 1935.
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Hospital Construction in Indian Communities

Sec. 42.7 The Committee on Interstate and Foreign Commerce and not the 
    Committee on Interior and Insular Affairs has jurisdiction of a 
    bill to provide for the construction of Indian hospitals and to 
    provide for grants to assist in the construction of community 
    hospitals which will serve Indians and non-Indians jointly.

    On Feb. 6, 1957,(4) Clair Engle, of California, Chairman 
of the Committee on Interior and Insular Affairs, obtained unanimous 
consent to have his committee discharged from the further consideration 
of the bill (H.R. 2021) and for its rereference to the Committee on 
Interstate and Foreign Commerce.
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 4. 103 Cong. Rec. 1585, 85th Cong. 1st Sess.

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[[Page 2932]]

Loan Guarantees to Educational Institutions Developing 
    Telecommunications Systems

Sec. 42.8 While the Committee on Education and Labor has reported 
    legislation of this type, the Committee on Interstate and Foreign 
    Commerce, having consistently handled legislation relating to 
    noncommercial educational broadcasting facilities pursuant to its 
    jurisdiction under the rules over interstate communications, was 
    held to have jurisdiction of a proposal adding a new section to the 
    Higher Education Facilities Act of 1963 authorizing loan guarantees 
    to institutions of higher education for development and use of 
    educational delivery (telecommunications) systems on and off 
    campus.

    On Oct. 28, 1971,(5) 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 that consideration 
a jurisdictional question arose over part C of title VII of a proposed 
committee [Committee on Education and Labor] amendment to H.R. 7248.
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 5. 117 Cong. Rec. 38036, 92d Cong. 1st Sess.
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    The relevant sections pertained to the governmental guarantee of 
certain loans to institutions of higher education for the purpose of 
encouraging the development and use of educational delivery (i.e., 
telecommunications) systems. Of particular pertinence were the 
following provisions: (6)
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 6. Id. at p. 38076.
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          Part C--Guarantee of Loans for Educational Delivery Systems

        Sec. 721. Title III of the Higher Education Facilities Act of 
    1963 is amended by adding at the end thereof the following new 
    section:

             ``guarantee of loans for educational delivery systems

        ``Sec. 310. (a) To encourage institutions of higher education 
    to develop and use educational delivery systems which, through 
    technological means, permit carrying on educational programs of the 
    institution in locations away from the campus and out of the 
    presence of the institution's instructional personnel, the 
    Secretary may guarantee, in accordance with the provisions of this 
    section, the payment of the principal and accrued interest on loans 
    made to eligible borrowers (as defined in subsection (k)) to 
    acquire, install, and operate such systems. . . .
        ``(k) For purposes of this section--
        ``(1) The term `eligible borrower' means an institution of 
    higher edu

[[Page 2933]]

    cation or a nonprofit organization established and operated with 
    the active participation of one or more institutions of higher 
    education for the sole purpose of acquiring, installing, or 
    operating an educational delivery system.

        ``(2) The terms `acquiring' and `installing' mean the 
    procurement and placement in position for service (including 
    planning therefor) of the technological facilities and equipment 
    needed for the operation of the educational delivery system, 
    including any new or remodeled facilities and equipment required by 
    the system for the production, processing, and transmission of 
    electronic signals. Such terms include the construction or repair 
    of facilities needed to house equipment, and space, facilities, and 
    equipment at receiving installations, except where such receiving 
    installations are equipped and operated by an eligible borrower as 
    a part of a `remote' campus, distributing, or displaying 
    educational materials (whether in an electronic manner, or 
    otherwise).
        ``(3) The term `operating' means the use of services of staff 
    and technical personnel, the acquisition of necessary supplies, the 
    maintenance of a debt service reserve, and other activities 
    necessary to operate the educational delivery system, but does not 
    include the provision of educational services.
        ``(4) The term `educational delivery system' includes any 
    system which by technological means, enables a teaching classroom 
    to be extended to reach students in remote locations, and, 
    specifically, includes a telecommunication system which provides a 
    network of communications via electronic means over distance, 
    including radio and television in broadcast, closed-circuit, or 
    point-to-point service, data transmission, computers, and other 
    electronic devices involving the use of the electromagnetic 
    spectrum and including apparatus necessary for the production and 
    processing of such electronic transmissions such as audio or video 
    recording equipment, cameras, microphones, control consoles, 
    microwave equipment, transmitters, towers, translators and 
    repeaters, but does not include the apparatus required for 
    reception, distribution at the receiving installation, or display 
    of signals so transmitted.''

    Harley O. Staggers, of West Virginia, Chairman of the Committee on 
Interstate and Foreign Commerce, raised a jurisdictional point of 
order, as follows: (7)
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 7. Id. at p. 38077.
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        Mr. Chairman,(8) part C of title VII would provide 
    for loan guarantees for educational delivery systems. To show the 
    nature of those systems, I would refer the Members to section 
    310(b)(3)--page 175, beginning at line 19--which refers to 
    instances where these delivery systems may require licenses issued 
    by the Federal Communications Commission and to the definition of 
    ``educational delivery system'' in section 310(k)(4)--appearing at 
    page 180, beginning line 23--where these systems are defined to 
    include telecommunications systems, and radio and television 
    broadcasting systems.
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 8. James C. Wright, Jr. (Tex.).
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        Mr. Chairman, I would also point out to the Members that the 
    jurisdiction of the Interstate and Foreign Commerce Committee, 
    insofar as edu

[[Page 2934]]

    cational broadcasting facilities are concerned, has not laid 
    fallow. In support of this statement I would point to the 
    provisions of subpart A of part IV of title III of the 
    Communications Act of 1934 which provides for grants for 
    educational radio and television broadcasting facilities.
        These provisions were originally enacted in 1962 and have been 
    amended at least twice since that time. Since enactment of the 
    Educational Radio and Television Broadcasting Facilities Act of 
    1962, over $100 million has been authorized to be appropriated for 
    the construction of such facilities.
        For these reasons, Mr. Chairman, I think that the point of 
    order lies on this portion.

    Responding to the point of order, Mr. John R. Dellenback, of 
Oregon, noted that: (9)
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 9. 117 Cong. Rec. 38077, 38078, 92d Cong. 1st Sess.
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        . . . [T]here is no attempt in part C to amend any statute 
    which is within the jurisdiction of the Committee on Interstate and 
    Foreign Commerce. There is reference on the bottom of page 175, as 
    my good friend has made clear, to the Federal Communications 
    Commission. But if you look at the language of that reference there 
    is no attempt there to change the powers of the Commission, and 
    there is no attempt here to amend any law whatsoever; there is 
    merely a reference to a situation which might possibly exist. It 
    makes clear that where the system requires the use of the frequency 
    spectrum under jurisdiction of the FCC, that Commission will issue 
    the required license, and so on.
        So far as that is concerned, of course, any laws that affect 
    the powers of the FCC and any laws that affect the licenses are not 
    within the jurisdiction of the Committee on Education and Labor, 
    but there is no attempt to deal with such laws.
        The basic sweep of this particular part C does not go, as you 
    see, to the amendment of any such statutes, and it does not deal 
    with just such a subject as television, but where they are talking 
    about the possible use of tape recorders or talking about the 
    possible use of computer hookups, or talking about a television 
    license, but not dealing with the control of those licenses, but 
    merely dealing with the utilization of telephone lines. And we have 
    hosts of bills which deal with the utilization of equipment that is 
    affected by other statutes than the statute before this body, that 
    provide them, or before another committee.
        So, Mr. Chairman, I would say that we are not here dealing with 
    the amendment of any statute within the control of the Committee on 
    Interstate and Foreign Commerce, that we are merely striving to 
    make available to educational institutions throughout the country 
    the broad sweep of potential equipment and assistance which will 
    aid in the educational processes with which the institutions 
    applying for loans are properly concerned, and with which this 
    committee is properly concerned. And that is all that part C deals 
    with.

    The Chairman explained his ruling, as follows:

        The gentleman from West Virginia (Mr. Staggers) has raised a 
    point of

[[Page 2935]]

    order against section 721 of title VII beginning on page 174, line 
    3, through page 181, line 13, on the ground that the subject matter 
    of this section is within the jurisdiction of the Committee on 
    Interstate and Foreign Commerce and not that of the Committee on 
    Education and Labor.
        Section 721 in the present bill would add a new section to 
    title III of the Higher Education Facilities Act of 1963 to 
    authorize the Secretary of Health, Education, and Welfare to 
    guarantee loans to institutions of higher education and related 
    nonprofit corporations for development and use of educational 
    delivery systems to transmit what takes place in a classroom and on 
    the campus to remote locations on or off the campus.
        The Chair observes that on pages 180 and 181 the educational 
    delivery system is so designed as to include a telecommunication 
    system which provides a network of communications via electronic 
    means over distances, and includes radio and television and other 
    electronic devices.

        The Chair notes that while the Higher Education Facilities Act 
    of 1963, and amendments thereto, have been reported by the 
    Committee on Education and Labor, that committee in section 721 of 
    the present bill is attempting to add a completely new section to 
    that act to incorporate therein a subject which has heretofore been 
    within the jurisdiction of the Committee on Interstate and Foreign 
    Commerce--that subject being the approval, installation, and 
    operation of broadcasting facilities.
        Clause 12(g) of rule XI (10) confers upon the 
    Committee on Interstate and Foreign Commerce jurisdiction over the 
    regulation of interstate and foreign communications. Under that 
    clause, the Committee on Interstate and Foreign Commerce has 
    considered legislation authorizing grants for noncommercial 
    educational broadcasting facilities to public institutions of 
    higher education.
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10. See Rule X clause 1(l) (5), House Rules and Manual Sec. 681 (1979).
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        As the gentleman from West Virginia has stated, the original 
    legislation enacted in 1962, and subsequent amendments thereto, 
    were reported by the Committee on Interstate and Foreign Commerce.
        Therefore, the Chair holds that the subject of Federal loans 
    for television facilities on and off campus for institutions of 
    higher education is within the jurisdiction of the Committee on 
    Interstate and Foreign Commerce.
        The Chair therefore sustains the point of order and the 
    language identified in the point of order is stricken from the 
    committee amendment.

    Parliamentarian's Note: This bill was being considered under a 
special rule permitting jurisdictional points of order to be raised 
against portions of the Committee on Education and Labor's amendment in 
the nature of a substitute within the jurisdiction of other House 
committees.

Physical Fitness and Training Programs as Public Health Measures

Sec. 42.9 The Committee on Interstate and Foreign Commerce and not the 
    Committee on

[[Page 2936]]

    Armed Services has jurisdiction of a concurrent resolution 
    expressing the sense of the Congress that a civilian physical 
    fitness and training program should be established in the interest 
    of national security.

    On June 27, 1951,(11) Carl Vinson, of Georgia, Chairman 
of the Committee on Armed Services, obtained unanimous consent to have 
his committee discharged from further consideration of the concurrent 
resolution (H. Con. Res. 19), and to have it rereferred to the 
Committee on Interstate and Foreign Commerce.
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11. 97 Cong Rec. 7254, 82d Cong. 1st Sess.
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Safety Standards on Government-purchased Vehicles

Sec. 42.10 In the 86th Congress, the Committee on Interstate and 
    Foreign Commerce and not the Committee on Government Operations had 
    rereferred to it a bill to require passenger-carrying motor 
    vehicles purchased for use by the federal government to meet 
    certain safety standards.

    On Feb. 16, 1959,(12) Mr. Kenneth A. Roberts, of 
Alabama, obtained unanimous consent to have the bill (H.R. 1341), 
rereferred from the Committee on Government Operations to the Committee 
on Interstate and Foreign Commerce.(13)
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12. 105 Cong. Rec. 2420, 86th Cong. 1st Sess.
13. H.R. 1341 was reported by the Committee on Interstate and Foreign 
        Commerce on July 27, 1959 (H. Rept. No. 715).
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U.S. Travel Data

Sec. 42.11 The Committee on Interstate and Foreign Commerce and not the 
    Committee on Post Office and Civil Service has jurisdiction of a 
    bill authorizing an annual appropriation to enable the Secretary of 
    Commerce to compile and make available information and statistical 
    data relating to travel within the United States.

    On Feb. 14, 1951,(14) 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 the bill (H.R. 1898), and to have it rereferred to the 
Committee on Interstate and Foreign Commerce.
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14. 97 Cong. Rec. 1255, 82d Cong. 1st Sess.

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[[Page 2937]]

War Claims

Sec. 42.12 The Committee on Interstate and Foreign Commerce and not the 
    Committee on Foreign Affairs has jurisdiction of a bill creating a 
    commission to examine and render final decisions on all claims by 
    American nationals who were members of the Armed Forces of the 
    United States and who were prisoners of war of Germany, Italy, or 
    Japan, for payment of awards.

    On Mar. 21, 1947,(15) ``after conferring with the 
chairman of the Committee on Foreign Affairs as well as the chairman of 
the Committee on Interstate and Foreign Commerce,'' Mr. James E. Van 
Zandt, of Pennsylvania, sought unanimous consent that the bill (H.R. 
1000), which had been referred to the Committee on Foreign Affairs, 
``be transferred to the Committee on Interstate and Foreign Commerce.'' 
Immediately thereafter, the House granted this request.
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15. 93 Cong. Rec. 2417, 80th Cong. 1st Sess.
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    Parliamentarian's Note: The War Claims Act of 1948 (50 USC App. 
Sec. Sec. 2001 et seq.) permits claims by U.S. nationals for loss of 
property located in foreign countries during war. Such claims are 
adjudicated by the Foreign Claims Settlement Commission and are 
satisfied out of the War Claims Fund which consists of sums covered 
into the Treasury pursuant to section 39 of the Trading with the Enemy 
Act (50 USC App. Sec. 39). These are proceeds from properties of 
Germany or Japan or their nationals retained by the United States after 
World War II. While the Committee Reform Amendments of 1974 transferred 
jurisdiction over the Trading with the Enemy Act from the Committee on 
Interstate and Foreign Commerce to the Committee on Foreign Affairs, 
including claims under that act (50 USC App. Sec. Sec. 1-44) by persons 
(not only U.S. nationals) for property in the custody of the alien 
property custodian seized from an enemy or an ally thereof under the 
provisions of that act, there was no indication that the Committee on 
Interstate and Foreign Commerce has been stripped of jurisdiction over 
the War Claims Act.

Sec. 42.13 The Committee on Interstate and Foreign Commerce and not the 
    Committee on Ways and Means has jurisdiction of a bill to change 
    the order of priority for payment out of the German special deposit 
    account

[[Page 2938]]

    [amending the Settlement of War Claims Act].

    On July 16, 1947,(16) Speaker Joseph W. Martin, Jr., of 
Massachusetts, recognized Mr. Daniel A. Reed, of New York, who stated 
that he had introduced the bill (H.R. 4213), on the previous day and 
that ``Through error it was referred to the Committee on Ways and 
Means.'' Accordingly, Mr. Reed asked unanimous consent that the latter 
committee be discharged from further consideration of the bill and that 
it be rereferred to the Committee on Interstate and Foreign Commerce.
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16. 93 Cong. Rec. 9049, 80th Cong. 1st Sess.
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    Immediately thereafter, the House granted unanimous consent to 
effect this rereferral.

Sec. 42.14 The Committee on Interstate and Foreign Commerce and not the 
    Committee on Foreign Affairs has jurisdiction of House joint 
    resolutions authorizing the Secretary of State to repay German and 
    Japanese citizens, subjects, corporations, or associations whose 
    property was taken by the United States since Dec. 18, 1941.

    On July 13, 1955,(17) by direction of the Committee on 
Foreign Affairs, James P. Richards, of South Carolina, Chairman of that 
committee, asked unanimous consent that House Joint Resolutions 264, 
265, 268, and 272, which had been referred to the Committee on Foreign 
Affairs be rereferred to the Committee on Interstate and Foreign 
Commerce. The joint resolutions all entitled ``to improve the relations 
of the United States with Western Germany and Japan'' (18) 
were identical. Each authorized the Secretary of State ``following as 
nearly as . . . feasible those [procedures] used as a result of the 
Treaty of Peace with Italy, to pay amounts equal in value to all 
property and interest taken by the United States since Dec. 18, 1941, 
from Germany or Japan, or any citizen or subject thereof, or any 
corporation or association organized under the laws thereof.''
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17. 101 Cong. Rec. 10440, 84th Cong. 1st Sess.
18. 101 Cong. Rec. 4093, 84th Cong. 1st Sess., Mar. 30, 1955; 101 Cong. 
        Rec. 3892, 84th Cong. 1st Sess. Mar. 28, 1955.
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    In advancing this request, Mr. Richards noted that:

        . . . Preliminary hearings by an ad hoc subcommittee of the 
    Foreign Affairs Committee developed that these resolutions are 
    similar in purpose to H.R. 6730,(19) a measure sponsored 
    by
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19. ``A bill to amend the Trading With the Enemy Act, as amended, and 
        the War Claims Act of 1948, as amended''; 101 Cong. Rec. 7932, 
        84th Cong. 1st Sess., June 8, 1955.
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[[Page 2939]]

    the administration which was introduced June 8, 1955, and referred 
    to the Committee on Interstate and Foreign Commerce.

    The House granted the request.