[Deschler's Precedents, Volume 4, Chapters 15 - 17]
[Chapter 17. Committees]
[D. Jurisdiction of Committees]
[Â§ 44. Committee on Merchant Marine and Fisheries]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 2957-2970]
 
                               CHAPTER 17
 
                               Committees
 
                         C. COMMITTEE PROCEDURE
 
Sec. 44. Committee on Merchant Marine and Fisheries

    The Committee on Merchant Marine and Fisheries was established on 
Dec. 21, 1887,(7) to take the place of the old Select 
Committee on Shipbuilding and Shipowning Interests. The committee was 
primarily ocean-oriented, and because of the importance of wireless 
telegraphy (i.e., radio) in maritime commerce, sea disasters, and naval 
operations,(8) the committee was given jurisdiction over 
matters relating to radio services in 1919.(9) In 1932, the 
committee's name changed to become the Committee on Merchant Marine, 
Radio, and Fisheries; however, the new name lasted only briefly as the 
committee was divested of radio services jurisdiction by House 
resolution (~10) in 1935. The same resolution also increased 
the jurisdictional breadth of the committee by transferring to it 
subject matters formerly within the realm of the Committee on 
Interstate and Foreign Commerce.(~11) The Legislative 
Reorganization Act of 1946 (12) further enhanced the 
committee's jurisdiction. Under the 1973 rules (~13) the 
committee's jurisdiction read as follows:
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 7. 4 Hinds' Precedents Sec. 4129.
 8. See Walter J. Oleszek, ``Monographs on the Committees of the House 
        of Representatives'' (93d Cong. 2d Sess., Dec. 13, 1974), 
        committee print, p. 110.
 9. The committee had reported on measures pertaining to radio 
        communication before that, however; see 7 Cannon's Precedents 
        Sec. 1853.
10. H. Res. 126, 79 Cong. Rec. 2631, 74th Cong. 1st Sess., Feb. 26, 
        1935.
11. The Committee on Interstate and Foreign Commerce forfeited its 
        jurisdiction over all transportation by water, the Coast Guard, 
        lifesaving service, lighthouses, lightships, ocean derelicts, 
        the Coast and Geodetic Survey, and the Panama Canal. See 
        Sec. 44.19, infra.
12. 60 Stat. 812.
13. Rule XI clause 14, House Rules and Manual Sec. 709 (1973). See Rule 
        X clause 1(n), House Rules and Manual Sec. 683 (1979).
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        (a) Merchant marine generally.
        (b) Coast and Geodetic Survey.
        (c) Coast Guard, including lifesaving service, lighthouses, 
    lightships, and ocean derelicts.
        (d) Fisheries and wildlife, including research, restoration, 
    refuges, and conservation.
        (e) Measures relating to the regulation of common carriers by 
    water (except matters subject to the jurisdiction of the Interstate 
    Commerce Commission) and to the inspection of merchant marine 
    vessels, lights and signals, lifesaving equipment, and fire 
    protection on such vessels.

[[Page 2958]]

        (f) Merchant marine officers and seamen.
        (g) Navigation and the laws relating thereto, including 
    pilotage.
        (h) Panama Canal and the maintenance and operation of the 
    Panama Canal, including the administration, sanitation, and 
    government of the Canal Zone; and interoceanic canals generally.
        (i) Registering and licensing of vessels and small boats.
        (j) Rules and international arrangements to prevent collisions 
    at sea.
        (k) United States Coast Guard and Merchant Marine Academies.

    As noted in the House Rules and Manual,(14) the 
jurisdiction of this committee includes the general subjects of 
shipbuilding, admission of foreign-built ships, registering and 
licensing of vessels,(15) including pleasure 
yachts,(16) tonnage taxes and fines and penalties on 
vessels,(17) the extension and increase of the merchant 
marine,(l8) navigation and the laws relating 
thereto,(19) pilotage,(20) the naming and 
measuring of vessels,(1) rules, and international 
arrangements to prevent collisions at sea,(2) and the 
shipping, wages, treatment,(3) and health of 
sailors.(4)
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14. Rule XI clause 14, House Rules and Manual Sec. 710 (1973). See Rule 
        X clause 1(n), House Rules and Manual Sec. 683 (1979).
15. 4 Hinds' Precedents Sec. 4134.
16. Id. at Sec. 4143.
17. Id. at Sec. 4131, and 7 Cannon's Precedents Sec. 1856.
18. 4 Hinds' Precedents Sec. 4138.
19. Id. at Sec. 4130.
20. Id. at Sec. 4136.
 1. Id. at Sec. 4132.
 2. Id. at Sec. 4135.
 3. Id. at Sec. 4140.
 4. Id. at Sec. 4141.
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    The committee has also exercised a general jurisdiction over 
subjects relating to inspection of steam vessels as to hulls and 
boilers (5) lights and signals,(6) and protection 
from fire on vessels,(7) collisions, coasting districts, 
marine schools, etc.,(8) regulation of small vessels 
propelled by naphtha, etc., and transportation of inflammable 
substances on passenger vessels,(9) the titles, conduct, and 
licensing of officers of vessels,(10) and regulation of 
shipping in Hawaii.(11) The committee exercises jurisdiction 
as to the seal herds and other revenue-producing animals of 
Alaska.(12)
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 5. Id. at Sec. 4133, and 7 Cannon's Precedents Sec. 1854.
 6. 4 Hinds' Precedents Sec. 4135.
 7. Id. at Sec. 4141.
 8. Id. at Sec. 4146, and 7 Cannon's Precedents Sec. 1857.
 9. 4 Hinds' Precedents Sec. 4142.
10. Id. at Sec. 4139.
11. Id. at Sec. 4130.
12. 7 Cannon's Precedents Sec. Sec. 1725, 1851.
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    As the precedents reveal, the committee's jurisdiction has also 
extended to such matters as regulating the hours and pay of cer

[[Page 2959]]

tain civilian employees of the Coast Guard,(13) authorizing 
construction of a geomagnetic station for the Department of 
Commerce,(14) authorizing construction of a saltwater 
marine-life research lab,(15) licensing commercial boat 
personnel,(16) promoting foreign commerce through use of 
mobile (seagoing) trade fairs,(17) and controlling the 
shipment overseas of gasoline and petroleum products from the United 
States.(18) The committee has also had jurisdiction over 
measures relating to marine resources of the Continental Shelf and the 
establishment of a Marine Exploration and Development 
Commission,(19) the importation and interstate shipment of 
endangered wildlife species,(20) and the use of radios on 
shipboard.(21)
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13. Sec. 44.3, infra.
14. Sec. 44.8, infra.
15. Sec. 44.7, infra.
16. Sec. 44.9, infra.
17. Sec. 44.12, infra.
18. Sec. 44.14, infra.
19. Sec. 44.10, infra.
20. Sec. 44.21, infra.
21. Sec. 44.18, infra. The committee's jurisdiction over this subject 
        was with the consent of the Committee on Interstate and Foreign 
        Commerce although the legislation in question called for 
        amendment of the Communications Act of 1934.
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    In 1973, the Committee on Merchant Marine and Fisheries maintained 
five subcommittees, as follows:

        1. Subcommittee on Coast Guard and Navigation;
        2. Subcommittee on Fisheries and Wildlife Conservation and the 
    Environment;
        3. Subcommittee on Merchant Marine;
        4. Subcommittee on Oceanography; and
        5. Subcommittee on Panama Canal.

    The Committee Reform Amendments of 1974 broadened the jurisdiction 
of the Committee on Merchant Marine and Fisheries over Coast and 
Geodetic Survey to include the entire subject of oceanography and 
marine affairs, including coastal zone management; the amendments also 
granted the committee jurisdiction over state maritime academies and 
international fishing 
agreements.                          -------------------

Canadian Registered Ship--Permitting Travel Between American Ports

Sec. 44.1 The Committee on Merchant Marine and Fisheries and not the 
    Committee on Interstate and Foreign Commerce has jurisdiction of a 
    joint resolution to permit travel by ship of Canadian registry 
    between American ports.

[[Page 2960]]

    On May 5, 1941,(22) Schuyler Otis Bland, of Virginia, 
Chairman of the Committee on Merchant Marine and Fisheries, obtained 
unanimous consent that the joint resolution (H.J. Res. 166), which was 
referred to the Committee on Interstate and Foreign Commerce, be 
rereferred to the Committee on Merchant Marine and Fisheries. In so 
doing Mr. Bland noted that both the author of the resolution and the 
Chairman of the Committee on Interstate and Foreign Commerce were in 
agreement with such action.(23)
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22. 87 Cong. Rec. 3596, 77th Cong. 1st Sess.
23. H.J. Res. 166 was reported by the Committee on Merchant Marine and 
        Fisheries on June 6, 1941 (H. Rept. No. 744).
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Canal Zone Code and Postage Stamp Designs

Sec. 44.2 The Committee on Merchant Marine and Fisheries and not the 
    Committee on Post Office and Civil Service has jurisdiction of a 
    bill amending the Canal Zone Code to prescribe the design of 
    postage stamps to be used in the Canal Zone postal service.

    On July 2, 1963,(24) 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. 6081), and to have it rereferred to the 
Committee on Merchant Marine and Fisheries.
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24. 109 Cong. Rec. 12120, 88th Cong. 1st Sess.
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Civilian Employees of Coast Guard--Duties and Pay

Sec. 44.3 The Committee on Merchant Marine and Fisheries and not the 
    Committee on Post Office and Civil Service has jurisdiction of a 
    bill and an executive communication pertaining thereto, to regulate 
    the hours of duty and the pay of civilian keepers of lighthouses 
    and civilians employed on lightships and other vessels of the Coast 
    Guard.

    On Mar. 21, 1949,(25) Thomas J. Murray, of Tennessee, 
Chairman of the Committee on Post Office and Civil Service, obtained 
unanimous consent to have the bill (H. R. 3294), and a letter from the 
Acting Secretary of the Treasury pertaining thereto (Exec. Comm. No. 
289), rereferred from his committee to the Committee on Merchant Marine 
and Fisheries. In so
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25. 95 Cong. Rec. 2868, 81st Cong. 1st Sess.
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[[Page 2961]]

doing, Mr. Murray noted that he had made his request at the suggestion 
of the Chairman of the Committee on Merchant Marine and Fisheries.

Coast and Geodetic Survey Officers

Sec. 44.4 The Committee on Merchant Marine and Fisheries and not the 
    Committee on Armed Services has jurisdiction of a bill to extend to 
    commissioned officers of the Coast and Geodetic Survey the 
    provisions of the Armed Forces Leave Act of 1946.

    On Mar. 11, 1949,(26) Carl Vinson, of Georgia, Chairman 
of the Committee on Armed Services obtained unanimous consent to have 
his committee discharged from further consideration of the bill (H.R. 
2572), and to have it referred to the Committee on Merchant Marine and 
Fisheries.(27)
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26. 95 Cong. Rec. 2277, 81st Cong. 1st Sess.
27. H.R. 2572 was reported by the Committee on Merchant Marine and 
        Fisheries on June 29, 1949 (H. Rept. No. 950).
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Fisheries Research--Aiding Fish Restoration and Management Projects

Sec. 44.5 The Committee on Merchant Marine and Fisheries and not the 
    Committee on Ways and Means has jurisdiction of a bill to provide 
    that the United States shall aid the states in fish restoration and 
    management projects.

    On Feb. 25, 1941,(28) by direction of the Committee on 
Ways and Means, Mr. Frank H. Buck, of California, obtained unanimous 
consent to have that committee discharged from further consideration of 
the bill (H.R. 3361), and to have it rereferred to the Committee on 
Merchant Marine and Fisheries.
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28. 87 Cong. Rec. 1389, 77th Cong. 1st Sess.
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Conveyance of Land Formerly Operated as Federal Fish Cultural Station

Sec. 44.6 The Committee on Merchant Marine and Fisheries and not the 
    Committee on Public Lands (now the Committee on Interior and 
    Insular Affairs), had jurisdiction of a bill to grant a certain 
    parcel of land in St. Louis County, Minnesota (formerly operated as 
    a federal fish cultural station), to the University of Minnesota.

    On May 13, 1948,(29) Mr. Fred L. Crawford, of Michigan, 
ob
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29. 94 Cong. Rec. 5823, 80th Cong. 2d Sess.
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[[Page 2962]]

tained unanimous consent that the bill (H.R. 6446), which was 
previously referred to the Committee on Public Lands (now the Committee 
on Interior and Insular Affairs), be rereferred to the Committee on 
Merchant Marine and Fisheries.In so doing, Mr. Aspinall noted that ``It 
is the sense of the Committee on Interior and Insular Affairs that this 
bill properly comes within the scope and jurisdiction of the Committee 
on Merchant Marine and Fisheries.''

Construction of Saltwater Marine-life Research Laboratory

Sec. 44.7 The Committee on Merchant Marine and Fisheries and not the 
    Committee on Interior and Insular Affairs had jurisdiction in the 
    86th Congress of a bill to provide for construction of a saltwater 
    marine-life research laboratory.

    On Feb. 16, 1959,(1) Wayne N. Aspinall, of Colorado, 
Chairman of the Committee on Interior and Insular Affairs, requested 
unanimous consent to have his committee discharged from further 
consideration of the bill (H.R. 4402), and to have it rereferred to the 
Committee on Merchant Marine and Fisheries. In so doing, Mr. Aspinall 
noted that ``It is the sense of the Committee on Interior and Insular 
Affairs that this bill properly comes within the scope and jurisdiction 
of the Committee on Merchant Marine and Fisheries.''
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 1. 105 Cong. Rec. 2382, 86th Cong. 1st Sess.
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    Immediately thereafter, the House granted unanimous consent.

Geomagnetic Station for Department of Commerce

Sec. 44.8 The Committee on Merchant Marine and Fisheries and not the 
    Committee on Interstate and Foreign Commerce has jurisdiction of an 
    executive communication transmitting a draft of a bill entitled 
    ``To authorize the construction and equipment of a geomagnetic 
    station for the Department of Commerce.''

    On Sept. 13, 1950,(2) Mr. Lindley Beckworth, of Texas, 
obtained unanimous consent that the Committee on Interstate and Foreign 
Commerce be discharged from further consideration of a letter from the 
Acting Secretary of Commerce (Exec. Comm. No.
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 2. 96 Cong. Rec. 14746, 81st Cong. 2d Sess.
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[[Page 2963]]

1652), and that the communication be referred to the Committee on 
Merchant Marine and Fisheries.

Licensing of Commercial Boat Personnel

Sec. 44.9 The Committee on Merchant Marine and Fisheries and not the 
    Committee on Ways and Means has jurisdiction of a bill relating to 
    the licensing of personnel on tug boats, towing boats, and freight 
    boats [amending 46 USC Sec. 405].

    On Oct. 7, 1969,(3) Mr. James A. Burke, of 
Massachusetts, on behalf of the Chairman of the Committee on Ways and 
Means,(4) obtained unanimous consent to have that committee 
discharged from further consideration of the bill (H. R. 14186), and to 
have it rereferred to the Committee on Merchant Marine and Fisheries.
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 3. 115 Cong. Rec. 28798, 91st Cong. 1st Sess.
 4. Wilbur D. Mills (Ark.).
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    Parliamentarian's Note: There was no jurisdictional conflict with 
respect to H.R. 14186. The bill was inadvertently referred to the 
Committee on Ways and Means when it was introduced on Oct. 3, 1969.

Marine Resources of the Continental Shelf; Marine Exploration and 
    Development

Sec. 44.10 In the 89th Congress, the Committee on Merchant Marine and 
    Fisheries and not the Committee on Interior and Insular Affairs had 
    jurisdiction of a bill relating to marine resources of the 
    Continental Shelf and establishment of a Marine Exploration and 
    Development Commission.

    On Mar. 15, 1965,(5) Wayne N. Aspinall, of Colorado, 
Chairman of the Committee on Interior and Insular Affairs, obtained 
unanimous consent to have his committee discharged from further 
consideration of the bill (H.R. 6009), and to have it rereferred to the 
Committee on Merchant Marine and Fisheries.
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 5. 111 Cong. Rec. 5001, 89th Cong. 1st Sess.
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    On Mar. 17, 1965,(6) Mr. Aspinall similarly obtained 
unanimous consent to have an identical bill (H.R. 5884), rereferred 
from his committee to the Committee on Merchant Marine and Fisheries.
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 6. 111 Cong. Rec. 5285, 89th Cong. 1st Sess.
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    Parliamentarian's Note: Both bills were initially referred to the

[[Page 2964]]

Committee on Interior and Insular Affairs because they dealt with the 
development of the land mass beneath the sea. The rereferrals were at 
the instigation of the chairman, who declined jurisdiction.

Merchant Marine Act

Sec. 44.11 The Committee on Merchant Marine and Fisheries and not the 
    Committee on Ways and Means has jurisdiction of a bill to amend 
    title V of the Merchant Marine Act of 1936.

    On Feb. 2, 1959,(7) Speaker Sam Rayburn, of Texas, 
recognized Wilbur D. Mills, of Arkansas, Chairman of the Committee on 
Ways and Means, who made the following statement:
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 7. 105 Cong. Rec. 1606, 86th Cong. 1st Sess.
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        Mr. Speaker, on January 12, last, H.R. 2181, to amend title V 
    of the Merchant Marine Act, 1936, as amended, to promote the 
    maintenance of the American fishing fleet under competitive 
    conditions and in the interest of sustained fish food supplies in 
    case of emergency, and for other purposes, was referred to the 
    Committee on Ways and Means. The bill proposes to amend an act that 
    comes within the jurisdiction of the Committee on Merchant Marine 
    and Fisheries.
        I ask unanimous consent, therefore, that the bill be referred 
    to the Committee on Merchant Marine and Fisheries.

    Immediately thereafter, unanimous consent was granted.

Mobile (Seagoing) Trade Fairs

Sec. 44.12 In the 87th Congress, the Committee on Merchant Marine and 
    Fisheries and not the Committee on Interstate and Foreign Commerce 
    had jurisdiction of a bill designed to promote foreign commerce 
    abroad through use of mobile [seagoing] trade fairs.

    On Aug. 27, 1962,(8) Oren Harris, of Arkansas, Chairman 
of the Committee on Interstate and Foreign Commerce, obtained unanimous 
consent to have his committee discharged from further consideration of 
the bill (S. 3389), and to have it rereferred to the Committee on 
Merchant Marine and Fisheries.
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 8. 108 Cong. Rec. 17706, 87th Cong. 2d Sess.
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    Parliamentarian's Note: While the text of the bill (S. 3389), did 
not disclose the fact, the trade fair contemplated by this bill would 
have involved U.S. naval or merchant vessels outfitted for this special 
purpose.(9~)
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 9. S. 3389 was reported by the Committee on Merchant Marine and 
        Fisheries on Sept. 21, 1962 (H. Rept. No. 2463).

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[[Page 2965]]

Private Bill Conveying Land to Utility Company

Sec. 44.13 In the 87th Congress, the Committee on Merchant Marine and 
    Fisheries and not the Committee on Interior and Insular Affairs had 
    jurisdiction of a private bill to provide for the conveyance of 
    certain land under the control of the Bureau of Sport Fisheries to 
    a utility company.

    On Feb. 28, 1961,(10) Wayne N. Aspinall, of Colorado, 
Chairman of the Committee on Interior and Insular Affairs, requested 
unanimous consent to have his committee discharged from further 
consideration of the private bill (H.R. 3840), and to have it 
rereferred to the Committee on Merchant Marine and Fisheries. In so 
doing, Mr. Aspinall noted:
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10. 107 Cong. Rec. 2858, 87th Cong. 1st Sess.
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        . . . It is the sense of the Committee on Interior and Insular 
    Affairs that this bill properly comes within the scope and 
    jurisdiction of the Committee on Merchant Marine and Fisheries.

    Immediately thereafter, the House granted unanimous consent.
    Parliamentanian's Note: The land to be conveyed was under the 
control of the Bureau of Sport Fisheries and Wildlife, and was used for 
conservation and wildlife refuge purposes.(11)
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11. H.R. 3840 was reported by the Committee on Merchant Marine and 
        Fisheries on Aug. 23, 1961 (H. Rept. No. 1019).
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Petroleum Shipment Overseas

Sec. 44.14 The Committee on Merchant Marine and Fisheries and not the 
    Committee on Armed Services has jurisdiction of a bill to control 
    the shipment to foreign countries of gasoline and petroleum 
    products from the United States.

    On July 17, 1947,(12) Walter G. Andrews, of New York, 
Chairman of the Committee on Armed Services, obtained unanimous consent 
to have his committee discharged from further consideration of the bill 
(H.R. 4042), and to have it rereferred to the Committee on Merchant 
Marine and Fisheries.(13)
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12. 93 Cong. Rec. 9205, 80th Cong. 1st Sess.
13. H.R. 4042 was reported by the Committee on Merchant Marine and 
        Fisheries on July 21, 1947 (H. Rept. No. 1018).

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[[Page 2966]]

Retirement Benefits of Lighthouse Service Employees

Sec. 44.15 The Committee on Merchant Marine and Fisheries and not the 
    Committee on Post Office and Civil Service has jurisdiction of a 
    bill to provide benefits for the widows of certain persons who were 
    retired or are eligible for retirement under section 6 of the act 
    entitled ``An act to authorize aids to navigation and for other 
    works in the Lighthouse Service, and for other purposes'' [approved 
    June 20, 1918, as amended].

    On Feb. 20, 1950,(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. 7192), and to have it referred to the 
Committee on Merchant Marine and Fisheries.(15)
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14. 96 Cong. Rec. 1983, 81st Cong. 2d Sess.
15. H.R. 7192 was reported by the Committee on Merchant Marine and 
        Fisheries on June 26, 1950 (H. Rept. No. 2328).
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Sec. 44.16 The Committee on Merchant Marine and Fisheries and not the 
    Committee on Post Office and Civil Service has jurisdiction of a 
    bill to increase the retirement pay of certain employees of the 
    former Lighthouse Service.

    On Mar. 21, 1949,(16) Thomas J. Murray, of Tennessee, 
Chairman of the Committee on Post Office and Civil Service, obtained 
unanimous consent to have the bill (H.R. 2986), rereferred from his 
committee to the Committee on Merchant Marine and Fisheries. In so 
doing, Mr. Murray noted that he had made his request at the suggestion 
of the Chairman of the Committee on Merchant Marine and Fisheries.
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16. 95 Cong. Rec. 2868, 81st Cong. 1st Sess.
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Retirement Pay of Members of Life Saving Service

Sec. 44.17 The Committee on Merchant Marine and Fisheries and not the 
    Committee on Post Office and Civil Service has jurisdiction of a 
    bill to amend the Act of Apr. 14, 1930, to provide increased 
    retirement pay for certain members of the former life saving 
    service.

    On Feb. 5, 1947,(17) Mr. T. Millet Hand, of New Jersey, 
obtained
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17. 93 Cong. Rec. 800, 80th Cong. 1st Sess.
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[[Page 2967]]

unanimous consent that the bill (H.R. 70), which was originally 
referred to the Committee on Post Office and Civil Service, be 
rereferred to the Committee on Merchant Marine and Fisheries. In so 
doing, he noted that the chairmen of both committees had no objection 
to the rereference.

Shipboard Radios

Sec. 44.18 The Committee on Merchant Marine and Fisheries and not the 
    Committee on Interstate and Foreign Commerce has jurisdiction of a 
    bill relating entirely to the use of radios on shipboard.

    On June 8, 1936,(18) Schuyler Otis Bland, of Virginia, 
Chairman of the Committee on Merchant Marine and Fisheries, requested 
unanimous consent that the Committee on Interstate and Foreign Commerce 
be discharged from further consideration of a bill (S. 4619), to amend 
the Communications Act of 1934, approved June 19, 1934, for the purpose 
of promoting safety of life and property through the use of wire and 
radio communications and for other purposes, and that the bill be 
referred to the Committee on Merchant Marine and Fisheries. In so 
doing, he noted that ``This bill relates entirely to radios on 
shipboard, and for that reason the chairman of the Committee on 
Interstate and Foreign Commerce agrees that it should be referred to 
the Committee on Merchant Marine and Fisheries.''
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18. 80 Cong. Rec. 9244, 74th Cong. 2d Sess.
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    Immediately thereafter, the House granted unanimous consent.

Water Transportation; Rate Regulation on Inland Waterways

Sec. 44.19 The House having effected a transfer of jurisdiction by 
    unanimous consent and by amendment of the rules, the Committee on 
    Merchant Marine and Fisheries and not the Committee on Interstate 
    and Foreign Commerce obtained jurisdiction over all water 
    transportation except the regulation of rates on inland waterways.

    On Feb. 26, 1935,(19) Sam Rayburn, of Texas, Chairman of 
the Committee on Interstate and Foreign Commerce, asked unanimous 
consent that a bill (H.R. 5379), to amend the Interstate Commerce Act, 
as amended, by providing for the regulation of the transpor

[[Page 2968]]

tation of passengers and property by water carriers operating in 
interstate and foreign commerce, be rereferred from the committee he 
chaired to [what was then] the Committee on Merchant Marine, Radio, and 
Fisheries. He additionally asked unanimous consent that thereafter all 
bills relating to or affecting transportation by water carriers, 
regardless of the fact that they may amend an act which was originally 
considered by the Committee on Interstate and Foreign Commerce, be 
referred to the Committee on Merchant Marine, Radio, and Fisheries.
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19. 79 Cong. Rec. 2623, 74th Cong. 1st Sess.
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    Under reservation of objection, several Members initiated a series 
of exchanges relating to the unanimous-consent request. In an effort to 
explain the situation, Mr. Frederick R. Lehlbach, of New Jersey, noted 
that:(20)
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20. Id. at p. 2624.
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        This unanimous-consent request is to be immediately followed by 
    the presentation of a rule coming from the Rules Committee which 
    further deals with the subject matter of jurisdiction. It does not 
    in any way bring about a conflict of jurisdiction. Insofar as 
    cooperation and coordination with respect to rates of competing 
    water, highway, and railroad carriers are concerned, that is with 
    the Interstate Commerce Committee, but all shipping matters 
    concerning vessels on the rivers and on the coast and in overseas 
    transportation have always belonged to the Merchant Marine 
    Committee.

    At another juncture, the chairmen of the two committees involved 
were queried as follows:

        Mr. [Robert F.] Rich [of Pennsylvania]: Reserving the right to 
    object, I should like to ask the Chairman of the Interstate 
    Commerce Committee if the regulation of rates will still be under 
    the jurisdiction of his committee?
        Mr. Rayburn: Yes.
        Mr. [Francis D.] Culkin [of New York]: Reserving the right to 
    object, I should like to ask the distinguished Chairman of the 
    Committee on Merchant Marine, Radio, and Fisheries, on which I 
    happen to serve, if this resolution or proposition proposes that 
    all maritime matters go to the Committee on Merchant Marine and 
    Fisheries? Is that the understanding?
        Mr. [Schuyler Otis] Bland [of Virginia]: Not as to inland 
    waters.

    Mr. Lehlbach then stated:

        The fact is at the present time inland navigation with respect 
    to its physical aspect is now with the Merchant Marine and 
    Fisheries Committee. Insofar as the rate structure is concerned 
    relative to the various means of transportation in interstate 
    commerce, particularly where it competes with railroads, that 
    remains with the Interstate Commerce Committee, and there is no 
    conflict at all.

    Shortly thereafter, the House granted unanimous consent.
    A few moments after that,(1) John J. O'Connor, of New 
York,
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 1. Id. at p. 2627.
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[[Page 2969]]

Chairman of the Committee on Rules, called up House Resolution 126, 
which had been previously alluded to by Mr. Lehlbach as he initially 
explained the unanimous-consent request. House Resolution 126 read as 
follows:

        Resolved, That the rules of the House of Representatives are 
    amended in the following manner:
        ``Rule X, clause 9. On the Merchant Marine and Fisheries, to 
    consist of 21 Members.(2)
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 2. The only change to be affected by this clause was to remove the 
        word, ``Radio'' from the name of the Committee on Merchant 
        Marine, Radio, and Fisheries, thus renaming the committee. See 
        H. Jour. 875, 73d Cong. 2d Sess. (1934).
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        ``Rule XI, clause 7. To commerce--to the Committee on 
    Interstate and Foreign Commerce.(3)
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 3. At the time, this clause provided that legislative subject matters 
        relating ``to commerce, life-saving service, and lighthouses, 
        other than appropriations for life-saving service and 
        lighthouses'' were to be referred to the Committee on 
        Interstate and Foreign Commerce; see H. Jour. 875, 73d Cong. 2d 
        Sess. (1934).
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        ``Rule XI, clause 9. To the merchant marine, including all 
    transportation by water, Coast Guard, life-saving service, 
    lighthouses, lightships, ocean derelicts, Coast and Geodetic 
    Survey, Panama Canal, and fisheries--to the Committee on Merchant 
    Marine and Fisheries.''(4)
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 4. At the time, this clause provided that legislative subject matters 
        relating ``to merchant marine, radio, and fisheries'' were to 
        be referred to the Committee on Merchant Marine, Radio, and 
        Fisheries; see H. Jour. 875, 73d Cong. 2d Sess. (1934).
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    In the course of discussing the resolution, Mr. O'Connor noted 
that:

        . . . Both committees have agreed entirely to the resolution 
    and the question of their respective jurisdiction. . . .
        . . . The Rules Committee came to the determination that you 
    could not properly divide communications, and that radio, 
    telegraph, telephone, and cable inevitably went together, and, the 
    Interstate Commerce Committee having jurisdiction of most of those 
    subjects and for a longer time than the Merchant Marine Committee 
    had jurisdiction over radio, it was thought best and fairest to put 
    radio in the Committee on Interstate and Foreign Commerce. On the 
    other hand the Merchant Marine Committee reestablishes and reclaims 
    its jurisdiction over the merchant marine and over many matters 
    which were under the jurisdiction of the Interstate and Foreign 
    Commerce Committee.

    Discussion of the measure continued, after which the resolution was 
agreed to by voice vote.(5)
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 5. 79 Cong. Rec. 2631, 74th Cong. 1st Sess., Feb. 26, 1935.
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Wildlife Conservation Through Land-use Practices

Sec. 44.20 The Committee on Merchant Marine and Fisheries

[[Page 2970]]

    and not the Committee on Agriculture has jurisdiction of a bill to 
    provide expert assistance and to cooperate with federal, state, and 
    other suitable agencies in promoting the conservation of wildlife 
    by promoting sound land-use practices.

    On May 21, 1947,(6) Mr. Raymond H. Burke, of Ohio, 
obtained unanimous consent to have the Committee on Agriculture 
discharged from further consideration of the bill (H.R. 2472), and to 
have it referred to the Committee on Merchant Marine and Fisheries.
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 6. 93 Cong. Rec. 5615, 80th Cong. 1st Sess.
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Wildlife; Importing and Shipping Endangered Species

Sec. 44.21 The Committee on Merchant Marine and Fisheries and not the 
    Committee on the Judiciary has jurisdiction of bills regulating the 
    importation and interstate shipment of wildlife species threatened 
    with extinction, even though such proposals include amendments to 
    title 18, United States Code, ``Crimes and Criminal Procedure''.

    On Apr. 27, 1967,(7) Emanuel Celler, of New York, 
Chairman of the Committee on the Judiciary, obtained unanimous consent 
to have his committee discharged from further consideration of two 
bills (H.R. 6138, H.R. 8693), and to have them rereferred to the 
Committee on Merchant Marine and Fisheries.(8)
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 7. 113 Cong. Rec. 11060, 90th Cong. 1st Sess.
 8. Title 18 of the United States Code encompasses federal criminal law 
        and criminal procedure. Accordingly, the Committee on the 
        Judiciary normally deals with amendments thereto.
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