[Deschler's Precedents, Volume 4, Chapters 15 - 17]
[Chapter 17. Committees]
[D. Jurisdiction of Committees]
[Â§ 46. Committee on Public Works]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 2982-2998]
 
                               CHAPTER 17
 
                               Committees
 
                         C. COMMITTEE PROCEDURE
 
Sec. 46. Committee on Public Works

    The Committee on Public Works was created on Jan. 2, 1947, as part 
of the Legislative Reorganization Act of 1946,(7) and 
combined the Committees on Flood Control (created in 
1916),(8) Public Buildings and Grounds (created in 
1837),(9) Rivers and Harbors (created in 
1883),(10) and Roads (created in 1913).(11)
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 7. 60 Stat. 812.
 8. 7 Cannon's Precedents Sec. 2069.
 9. 4 Hinds' Precedents Sec. 4231.
10. Id. at Sec. 4118.
11. 7 Cannon's Precedents Sec. 2065.
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    In 1973, the jurisdiction of the Committee on Public Works read as 
follows: (12)
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12. Rule XI clause 16, House Rules and Manual Sec. 713 (1973). See Rule 
        X clause 1(p), House Rules and Manual Sec. 685 (1979).
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        (a) Flood control and improvement of rivers and harbors.
        (b) Measures relating to the Capitol Building and the Senate 
    and House Office Buildings.
        (c) Measures relating to the construction or maintenance of 
    roads and post roads, other than appropriations therefor; but it 
    shall not be in order for any bill providing general legislation in 
    relation to roads to contain any provision for any specific road, 
    nor for any bill in relation to a specific road to embrace a 
    provision in relation to any other specific road.

[[Page 2983]]

        (d) Measures relating to the construction or reconstruction, 
    maintenance, and care of the buildings and grounds of the Botanic 
    Gardens, the Library of Congress, and the Smithsonian Institute.
        (e) Measures relating to the purchase of sites and construction 
    of post offices, customhouses, Federal courthouses, and Government 
    buildings within the District of Columbia.
        (f) Oil and other pollution of navigable waters.
        (g) Public buildings and occupied or improved grounds of the 
    United States generally.
        (h) Public reservations and parks within the District of 
    Columbia, including Rock Creek Park and the Zoological Park.
        (i) Public works for the benefit of navigation, including 
    bridges and dams (other than international bridges and dams).
        (j) Water power.

    Among the other subjects upon which the committee has reported on 
over the years (13~) are disaster relief, regional 
development, and relocation assistance.
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13. Terrence T. Finn, ``Monographs on the Committees of the House of 
        Representatives'' (93d Cong. 2d Sess., Dec. 13, 1974), 
        committee print, p. 124.
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    As the precedents reveal, the jurisdiction of the committee and its 
predecessors has also extended to such matters as converting toll 
bridges to free bridges,(l4) enabling the Secretary of 
Agriculture to build national forest roads and trails,(15) 
providing economic development programs in conjunction with a state 
centennial observance,(16) providing facilities for 
educational institutions,(17) transferring the U.S. interest 
in educational and recreational facilities to the states,(1) 
providing school facilities for dependents of workmen on water 
projects,(2) establishing the jurisdiction of the Federal 
Works Administrator over certain school buildings,(3) 
authorizing the conveyance of certain Army lands,(4) 
creating a Division of Stream Pollution Control in the Bureau of the 
Public Health Service,(5) and establishing a revolving fund 
in the Treasury for certain regional power 
administrations.(6)
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14. Sec. 46.6, infra.
15. Sec. 46.16, infra.
16. Sec. 46.8, infra.
17. Sec. Sec. 46.9, 46.10, infra.
 1. Sec. 46.11, infra.
 2. Sec. 46.18, infra.
 3. Sec. 46.12, infra.
 4. Sec. Sec. 46.1-46.4, 46.7, infra.
 5. Sec. 46.22, infra.
 6. Sec. 46.21, infra.
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    In 1973, the Committee on Public Works maintained six subcommittees 
of which five were legislative and one investigative, as follows:

                         Legislative Subcommittees

        (1) Subcommittee on Economic Development;

[[Page 2984]]

        (2) Subcommittee on Energy;
        (3) Subcommittee on Public Buildings and Grounds;
        (4) Subcommittee on Transportation; and
        (5) Subcommittee on Water Resources.

                           Oversight Subcommittee

        (6) Subcommittee on Investigations and Review.

    In the exercise of its oversight jurisdiction, the committee relies 
on its Subcommittee on Investigations and Review. Among the executive 
agencies the committee oversees completely or in part are the Corps of 
Engineers, the Environmental Protection Agency, the Federal Highway 
Administration, the General Services Administration, the National 
Highway Traffic Safety Administration, and the various regional 
economic commissions (for example, the Coastal Plains Regional 
Commission).
    During the 92d Congress, the Subcommittee on Investigations and 
Review studied such matters (7) as highway safety, the 
impact of the postal building program on federal agencies, closure of 
the Fort Worth clinical research center, the federal water pollution 
program, disaster relief, safety and security in public buildings, and 
(in conjunction with the Subcommittee on Energy) the energy crisis.
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 7. Terrence T. Finn, ``Monographs on the Committees of the House of 
        Representatives'' (93d Cong. 2d Sess., Dec. 13, 1974), 
        committee print, p. 126.
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    Under the Committee Reform Amendments of 1974, the Committee on 
Public Works and Transportation lost jurisdiction over parks in the 
District of Columbia to the Committee on Interior and Insular Affairs, 
but obtained jurisdiction over: transportation, including civil 
aviation, but excluding railroads, which remain within the jurisdiction 
of the Committee on Interstate and Foreign Commerce; roads and the 
safety thereof; water transportation subject to the jurisdiction of the 
Interstate Commerce Commission; and related transportation regulatory 
agencies with the exception of those relating to 
railroads.                          -------------------

Army Lands--Conveyance to State and Local Governments

Sec. 46.1 The Committee on Public Works and not the Committee on Armed 
    Services has jurisdiction of a bill authorizing the Secretary of 
    the Army to sell certain lands within a Corps of Engineers water 
    project to the State of Oklahoma.

[[Page 2985]]

    On Apr. 21, 1953,(8) Speaker Joseph W. Martin, Jr., of 
Massachusetts, recognized George A. Dondero, of Michigan, Chairman of 
the Committee on Public Works, who proceeded to make the following 
statement:
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 8. 99 Cong. Rec. 3486, 83d Cong. 1st Sess.
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        Mr. Speaker, the bill H.R. 4505 was referred to the Committee 
    on Armed Services. The bill has to do with the sale of certain land 
    in the State of Oklahoma. I received a letter this morning from the 
    Honorable Dewey Short, chairman of the committee, to the effect 
    that either he would ask unanimous consent that the Committee on 
    Armed Services be discharged from the consideration of the bill and 
    to have the bill referred to the Committee on Public Works or that 
    I should do so. I now make that request.

    Immediately thereafter, the House granted his request by unanimous 
consent.(9)
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 9. H.R. 4505 was reported by the Committee on Public Works on May 21, 
        1953 (H. Rept. No. 446).
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Sec. 46.2 The Committee on Public Works and not the Committee on Armed 
    Services has jurisdiction of a bill authorizing the Secretary of 
    the Army to convey certain land acquired as part of a river and 
    harbor improvement project to the Brownsville Navigation District 
    of Cameron County, Texas.

    On July 23, 1954,(10) Mr. Leslie C. Arends, of Illinois, 
obtained unanimous consent to have the bill (H.R. 9913), referred from 
the Committee on Armed Services to the Committee on Public Works.
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10. 100 Cong. Rec. 11757, 83d Cong. 2d Sess.
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Sec. 46.3 The Committee on Public Works and not the Committee on Armed 
    Services has jurisdiction of a bill authorizing the Secretary of 
    the Army to convey certain lands in San Diego, California held in 
    connection with a flood control project to the city of San Diego.

    On May 21, 1953,(1~) George A. Dondero, of Michigan, 
Chairman of the Committee on Public Works, obtained unanimous consent 
to have the Committee on Armed Services discharged from further 
consideration of the bill (H.R. 1613), and to have it rereferred to his 
committee. In so doing, he noted that he had received a letter from the 
Chairman of the Committee on Armed Services, Dewey Short, of Missouri, 
in which the original referral of the bill was brought to his 
attention.
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 1. 99 Cong. Rec. 5322, 83d Cong. 1st Sess.

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[[Page 2986]]

Army Land Conueyance--Flood Control Project

Sec. 46.4 In the 89th Congress, the Committee on Public Works and not 
    the Committee on Armed Services had jurisdiction of a bill 
    authorizing the Secretary of the Army to convey to a third party, 
    lands acquired by the government as part of a Corps of Engineers 
    public works-flood control project.

    On July 15, 1965,(2~) Speaker John W. McCormack, of 
Massachusetts, recognized Mr. Robert A. Everett, of Tennessee, who made 
the following request:
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 2. 111 Cong. Rec. 17002, 89th Cong. 1st Sess.
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        Mr. Speaker, on January 4, 1965, H.R. 1296 was referred through 
    error to the Committee on Armed Services. We have cleared this with 
    the chairman of that committee, and as a member of the Committee on 
    Public Works, I ask unanimous consent that this bill be rereferred 
    to the Committee on Public Works.

    Immediately thereafter, the House granted unanimous consent.

Bridge Alteration; Toll Bridges

Sec. 46.5 The Committee on Public Works and not the Committee on 
    Interstate and Foreign Commerce has jurisdiction of a bill to amend 
    the act of June 21, 1940, relating to the alteration of certain 
    bridges over navigable waters, so as to include highway bridges, 
    and for other purposes.

    On June 6, 1951,(3) Mr. Lindley Beckworth, of Texas, 
obtained unanimous consent to have the Committee on Interstate and 
Foreign Commerce discharged from further consideration of the bill 
(H.R. 3464), and to have it referred to the Committee on Public Works.
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 3. 97 Cong. Rec. 6181, 82d Cong. 1st Sess.
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Sec. 46.6 The Committee on Roads (now the Committee on Public Works), 
    and not the Committee on Interstate and Foreign Commerce had 
    jurisdiction of a bill to aid several states in making certain toll 
    bridges free bridges, to authorize an appropriation for such 
    purpose, and to make such appropriation available for matching 
    funds apportioned under the Federal Highway Act.

    On May 18, 1936,(4) Sam Rayburn, of Texas, (chairman of 
the
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 4. 80 Cong. Rec. 7444, 74th Cong. 2d Sess.
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[[Page 2987]]

Committee on Interstate and Foreign Commerce, obtained unanimous 
consent that the bill (H.R. 12722), be rereferred from his committee to 
the Committee on Roads (now the Committee on Public Works).

Authorizing Defense Homes Corporation to Convey District of Columbia 
    Land

Sec. 46.7 The Committee on Public Works and not the Committee on 
    Banking and Currency had jurisdiction of a bill to authorize the 
    Defense Homes Corporation to convey certain lands in the District 
    of Columbia to Howard University.

    On Mar. 9, 1948,(5) Jesse P. Wolcott, of Michigan, 
Chairman of the Committee on Banking and Currency, obtained unanimous 
consent to have his committee discharged from further consideration of 
the bill (H.R. 5509), and to have it rereferred to the Committee on 
Public Works.
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 5. 94 Cong. Rec. 2414, 80th Cong. 2d Sess.
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    Parliamentarian's Note: This bill authorized the Reconstruction 
Finance Corporation [RFC], to discharge the indebtedness of the Defense 
Homes Corporation to the RFC, and the Secretary of the Treasury to 
discharge the indebtedness of the RFC to the Treasury.(6)
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 6. H.R. 5509 was reported by the Committee on Public Works on May 11, 
        1948 (H. Rept. No. 1931).
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Economic Development Programs in Conjunction With State Centennial 
    Observances

Sec. 46.8 Under the rules of the 89th Congress a bill providing for 
    federal economic assistance and economic development programs as 
    part of a state centennial observance was within the jurisdiction 
    of the Committee on Public Works and not the Committee on the 
    Judiciary. (This was an instance in which the Speaker took the 
    floor in debate to explain his referral of the bill.)

    On Mar. 2, 1966,(7) the House resolved itself into the 
Committee of the Whole for the consideration of the bill (H.R. 9963). 
In the course of the debate which ensued, Chairman Charles A. Vanik, of 
Ohio, recognized Mr. James C. Cleveland, of New Hampshire, who noted 
that: (8)
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 7. 112 Cong. Rec. 4571, 89th Cong. 2d Sess.
 8. Id. at pp. 4572, 4573.
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        This bill, to promote the economic development of the State of 
    Alaska, by

[[Page 2988]]

    providing for the U.S. participation in the statewide exposition to 
    be held in Alaska next year, provides for an authorization for 
    appropriations from the Federal Treasury of $5,600,000. It is 
    disturbing to me that the bill is being sponsored to provide for a 
    centennial celebration of Alaska when even in the purposes of the 
    bill it is clearly stated that the money is for projects that will 
    contribute to the economy of Alaska.
        It is quite obvious that the money will be expended on 
    industrial, agricultural, educational, research, or commercial 
    projects or facilities which will endure in their use far beyond 
    the life of the centennial celebration. . . .
        Last fall, when the legislation was reported, many of us in the 
    minority were unaware of the fact that the Committee on the 
    Judiciary, which committee has jurisdiction over holidays and 
    celebrations, had before it some 250 bills relative to holidays, 
    celebrations, centennials, and the like. These bills encompass over 
    five score separate proposals. Many of them provide for the 
    expenditure of Federal funds. The Committee on Public works, which 
    handled this legislation, does not have jurisdiction of holidays 
    and celebrations. However, the bill was referred to the committee 
    when it was introduced last summer.

    The Chairman later recognized Mr. John W. McCormack, of 
Massachusetts, who explained the manner in which the bill was referred 
to the Committee on Public Works: (9)
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 9. Id. at pp. 4579, 4580.
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        Mr. Chairman, in view of the remarks made by the gentleman from 
    New Hampshire [Mr. Cleveland] about the reference of this bill, and 
    overhearing them and confining myself to that aspect of his 
    remarks, I simply want to advise the Members of the House that in 
    my judgment as the Speaker, this bill was properly referred to the 
    Committee on Public Works.
        In the original bill, the bill calls for the participation in 
    the 1967 exposition, jointly with the State of Alaska through 
    economic development projects such as industrial, agricultural, 
    educational, research, or commercial facilities, and so forth.
        Mr. Chairman, I thoroughly respect the views of my friend, the 
    gentleman from New Hampshire [Mr. Cleveland], but I cannot be on 
    the floor and listen to one challenge the reference of a bill that 
    I made. I realize that I might make mistakes occasionally, but I 
    will always make the reference of a bill that the rules call for. 
    In my clear judgment this bill was properly referred to the 
    Committee on Public Works.

    Parliamentarian's Note: As the excerpts quoted above reveal, there 
was some concern as to how this bill was referred. As introduced the 
bill was primarily an economic development measure, contemplating 
public works to stimulate tourism and commercial development. In this 
form, the bill was primarily within the jurisdiction of the Committee 
on Public Works. As reported, however, the primary emphasis of the bill 
was federal recognition of and participation in the centennial celebra

[[Page 2989]]

tion of the Alaska Purchase. Economic development was a secondary 
purpose. In this form, the bill was similar to centennial bills that 
are normally, under the precedents, referred to the Committee on the 
Judiciary. (The rule under which the bill was considered, H. Res. 741, 
89th Cong. 2d Sess., H. Jour. 290, provided that it would be in order 
to consider the substitute amendment recommended by the Committee on 
Public Works, such substitute for the purpose of amendment to be 
considered under the five-minute rule as an original bill.)

Federal Educational and Recreational Facilities Under Lanham Public War 
    Housing Act

Sec. 46.9 The Committee on Public Works and not the Committee on 
    Banking and Currency has jurisdiction of a bill to provide that 
    schools constructed under the act entitled ``An act to expedite the 
    provision of housing in connection with national defense, and for 
    other purposes,'' approved Oct. 14, 1940, as amended, may be 
    donated to local school agencies.

    On Mar. 12, 1947,(~10) Jesse P. Wolcott, of Michigan, 
Chairman of the Committee on Banking and Currency, obtained unanimous 
consent to have his committee discharged from further consideration of 
the bill (H.R. 2190), and to have it rereferred to the Committee on 
Public Works.
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10. 93 Cong. Rec. 1981, 1982, 80th Cong. 1st Sess.
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    Parliamentarian's Note: The Committee on Public Buildings and 
Grounds--later to be incorporated into the Committee on Public Works--
reported (11) what was popularly known as the ``Lanham 
Public War Housing Act,'' the act of Oct. 14, 1940 (Pub. L. No. 76-
849). The legislation was designed to provide federal housing 
facilities for persons engaged in national defense activities and for 
their families in areas where an acute shortage of housing existed.
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11. 86 Cong. Rec. 11606, 76th Cong. 3d Sess., Sept. 5, 1940 (H. Rept. 
        No. 2923).
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Sec. 46.10 The Committee on Public Works and not the Committee on 
    Banking and Currency has jurisdiction of bills to amend the Act of 
    Oct. 14, 1940, as amended (1) relative to additional facilities for 
    educational institutions; and (2) to permit the making of

[[Page 2990]]

    contributions for the maintenance and operations of school 
    facilities.

    On. Feb. 27, 1948,(12) Jesse P. Wolcott, of Michigan, 
Chairman of the Committee on Banking and Currency, obtained unanimous 
consent to have his committee discharged from further consideration of 
the bills (H.R. 2845 and H.R. 3545, respectively), and to have them 
referred to the Committee on Public Works.(13)
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12. 94 Cong. Rec. 1909, 80th Cong. 2d Sess.
13. The Record also discloses the identical rereferrals later in the 
        session; see 94 Cong. Rec. 4127, 80th Cong. 2d Sess., Apr. 6, 
        1948.
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    Parliamentarian's Note: The Lanham War Housing Act had as its 
purpose to provide housing for persons engaged in national defense 
activities, as by authorizing the Federal Works Administrator to 
provide housing for such persons and their families in areas in which 
acute shortages of housing existed, without complying with state 
statutes and municipal ordinances prescribing zoning regulations.

Sec. 46.11 The Committee on Public Works and not the Committee on 
    Banking and Currency has jurisdiction of a bill to authorize the 
    transfer without charge to the states and their political 
    subdivisions of all interest of the United States in educational 
    and recreational facilities acquired under the Act of Oct. 14, 
    1940, as amended.

    On Mar. 11, 1947,(14~) Jesse P. Wolcott, of Michigan, 
Chairman of the Committee on Banking and Currency, obtained unanimous 
consent to have his committee discharged from further consideration of 
the bill (H.R. 2473), and to have it rereferred to the Committee on 
Public Works.
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14. 93 Cong. Rec. 1915, 80th Cong. 1st Sess.
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Jurisdiction of Federal Works Administrator Over School Buildings; 
    Rebuilding Schools Destroyed by Fire

Sec. 46.12 The Committee on Public Works and not the Committee on 
    Banking and Currency had jurisdiction of a bill to transfer 
    jurisdiction over certain school buildings to the Federal Works 
    Administrator and to authorize an appropriation to rebuild a school 
    building destroyed by fire.

    On Feb. 27, 1948,(15) Jesse P. Wolcott, of Michigan, 
Chairman of
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15. 94 Cong. Rec. 1909, 80th Cong. 2d Sess.
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[[Page 2991]]

the Committee on Banking and Currency, obtained unanimous consent to 
have his committee discharged from further consideration of the bill 
(H.R. 5433), pertaining to certain school buildings located in Vanport, 
Oregon, and to have the bill referred to the Committee on Public 
Works.(16~)
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16. The Record also discloses the identical rereferral later in the 
        session; see 94 Cong. Rec. 4127, 80th Cong. 2d Sess., Apr. 6, 
        1948.
            H.R. 5433 was reported by the Committee on Public works on 
        May 17, 1948 (H. Rept. No. 1967).
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National Capital Planning Commission; Planning Kennedy Center Site

Sec. 46.13 The Committee on Public Works and not the Committee on the 
    District of Columbia had jurisdiction of a joint resolution 
    directing the National Capital Planning Commission to study the 
    location and development of the John F. Kennedy Center for the 
    Performing Arts.

    On Sept. 15, 1965,(17) 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 the joint resolution (H.J. Res. 646), and to 
have it rereferred to the Committee on Public Works.(1)
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17. 111 Cong. Rec. 23927, 89th Cong. 1st Sess.
 1. For a similar rereference, see 111 Cong. Rec. 27803, 89th Cong. 1st 
        Sess., Oct. 21, 1965 [H.J. Res. 659].
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National Monument Commission; Monument Construction

Sec. 46.14 The Committee on Public Works and not the Committee on 
    Interior and Insular Affairs has jurisdiction of a communication 
    from the National Capital Park and Planning Association submitting 
    a bill to create a National Monument Commission to build a monument 
    on the Nevius Tract adjoining Arlington Cemetery.

    On Aug. 15, 1951,(2) John R. Murdock, of Arizona, 
Chairman of the Committee on Interior and Insular Affairs, obtained 
unanimous consent to have his committee discharged from further 
consideration of the communication (Exec. Comm. No. 699), and to have 
it rereferred to the Committee on Public Works.
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 2. 97 Cong. Rec. 10098, 82d Cong. 1st Sess.

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[[Page 2992]]

Road Construction or Maintenance--Creating Federal Highway Corporation 
    to Finance Interstate Highways

Sec. 46.15 The House rejected a motion to rerefer from the Committee on 
    Public Works to the Committee on Appropriations identical bills to 
    create a federal highway corporation for financing the construction 
    of the National System of Interstate Highways; to amend and 
    supplement the Federal Aid Road Act approved July 11, 1916 (39 
    Stat. 355), as amended and supplemented; and for other purposes.

    On Feb. 24, 1955,(3) acting by direction of the 
Committee on Appropriations which he chaired, Clarence Cannon, of 
Missouri, moved to rerefer the two identical bills (H.R. 4260 and H.R. 
4261), from the Committee on Public Works to the Committee on 
Appropriations. Mr. Cannon having demanded a division, the question was 
taken and there were--ayes 87, noes 131. A request for the yeas and 
nays was then refused, so the motion was rejected.
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 3. 101 Cong. Rec. 2029, 84th Cong. 1st Sess.
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National Forest Roads and Trails

Sec. 46.16 In the 87th Congress, the Committee on Public Works and not 
    the Committee on Agriculture had jurisdiction of proposed 
    legislation enabling the Secretary of Agriculture to construct and 
    maintain a system of roads and trails for the national forests.

    On May 7, 1962,(4) Mr. William R. Poage, of Texas, 
obtained unanimous consent to have a letter (Exec. Comm. No. 2000), 
from the Secretary of Agriculture rereferred from the Committee on 
Agriculture to the Committee on Public Works. The letter contained a 
draft bill which would authorize the Secretary to grant permanent 
easements for road rights-of-way through the national forests; permit 
him to acquire, construct, and maintain forest development roads and 
trails; and authorize financing of the construction by using 
appropriated funds, charging users of the national forests, and of the 
products therefrom, and through cooperative financing with public or 
private agencies. The proposal would not have amended title 23, ``High

[[Page 2993]]

ways,'' of the United States Code or any other existing law.
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 4. 108 Cong. Rec. 7826, 87th Cong. 2d Sess.
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United States Code Provisions Relating to Highways

Sec. 46.17 Bills having the purpose of codifying and enacting into law 
    title 23 of the United States Code, entitled ``Highways,'' but also 
    containing substantive revisions of certain provisions of the 
    highway laws, were rereferred from the Committee on the Judiciary 
    to the Committee on Public Works with the understanding that this 
    action was not to be construed as a jurisdictional waiver by the 
    Committee on the Judiciary over codification bills.

    On June 4, 1958,(5) by direction of the Committee on the 
Judiciary, Emanuel Celler, of New York, who chaired that committee, 
asked unanimous consent that the two bills (H.R. 12776 and H.R. 12777), 
be rereferred from his committee to the Committee on Public Works. Mr. 
Celler emphasized that such a request was ``not to be construed as a 
waiver by the Committee on the Judiciary of any of the jurisdiction 
under the Legislative Reorganization Act of 1946 or the United States 
Code,'' but rather was being urged ``solely because of the particular 
circumstances with respect to the drafting of the bills.''
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 5. 104 Cong. Rec. 10164, 85th Cong. 2d Sess.
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    He explained those circumstances as follows:

        . . . Under section 12 of Public Law 350 of the 83d Congress, 
    the Secretary of the Department of Commerce was directed to 
    transmit to the Committees on Public Works of the Senate and of the 
    House of Representatives a suggested draft of a bill or bills for a 
    Federal Highway Act, which will include such provisions of existing 
    law, and such changes or new provisions as the Secretary deems 
    advisable. The Secretary submitted such a draft bill to the 
    committees, as a result of which the bill H.R. 10488, to revise the 
    Federal aid highway laws of the United States, was introduced and 
    referred to the Committee on Public Works. A companion bill, S. 
    3151, was referred to the Senate Committee on Public Works. Through 
    the cooperation between the counsel of the House Committee on 
    Public Works and the law revision counsel of the Committee on the 
    Judiciary, clerical changes have been suggested in the bill H.R. 
    10488 to provide for the enactment into law of title 23, United 
    States Code ``Highways.'' As a result, the bills H.R. 12776 and 
    H.R. 12777 were introduced containing a number of clerical changes 
    to achieve that purpose. These two bills are, however, essentially 
    the same as the bill submitted by the Secretary of Commerce to the 
    Committee on Public Works and which is now pending be

[[Page 2994]]

    fore that committee which has set hearings for tomorrow.
        Therefore, in view of these special circumstances and without 
    any intention to waive the prerogative of the Committee on the 
    Judiciary, I make this unanimous-consent request.

    Immediately thereafter, the House granted unanimous consent to 
effect the bills' rereferral.

School Facilities for Dependents of Workmen Engaged in a Water 
    Conservation Project

Sec. 46.18 In the 90th Congress, the Committee on Public Works and not 
    the Committee on Education and Labor had jurisdiction of a bill 
    authorizing and directing the Secretary of the Army to provide 
    school facilities for dependents of construction workers engaged in 
    the building of a Corps of Engineers project.

    On June 17, 1968,(~6) Carl D. Perkins, of Kentucky, 
Chairman of the Committee on Education and Labor, obtained unanimous 
consent to have his committee discharged from further consideration of 
the bill (H.R. 17487), and to have it rereferred to the Committee on 
Public Works.
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 6. 114 Cong. Rec. 17429, 90th Cong. 2d Sess.
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    H.R. 17487 was specifically intended to provide facilities for the 
dependents of persons working on the construction of the Dworshak Dam 
and Reservoir project.

Smithsonian-affiliated Buildings

Sec. 46.19 The Committee on Public Works and not the Committee on 
    Interior and Insular Affairs has jurisdiction of a bill providing 
    for the construction of a National Air Museum for the Smithsonian 
    Institution.

    On July 2, 1958,(7) Clair Engle, of California, Chairman 
of the Committee on Interior and Insular Affairs, asked unanimous 
consent that the bill (S. 1985), be rereferred to the Committee on 
Public Works, ``it having been erroneously referred to the Committee on 
Interior and Insular Affairs.''
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 7. 104 Cong. Rec. 12941, 85th Cong. 2d Sess.
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    Immediately thereafter, unanimous consent was granted.

Sec. 46.20 In the 90th Congress, the Committee on Public Works and not 
    the Committee on House Administration reported a measure 
    authorizing the trustees of the Smithsonian Institution to 
    construct, with privately donated funds, an annex to the

[[Page 2995]]

    National Gallery of Art on a site previously earmarked for that 
    purpose by the Congress.

    On Apr. 10, 1968,(8) Omar T. Burleson, of Texas, 
Chairman of the Committee on House Administration, obtained unanimous 
consent to have his committee discharged from further consideration of 
the bill (H.R. 16358), and to have it rereferred to the Committee on 
Public Works.
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 8. 114 Cong. Rec. 9553, 90th Cong. 2d Sess.
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    Parliamentarian's Note: Executive Communication No 1579, 
transmitting a draft bill on this subject to the Congress, was not 
rereferred from the Committee on House Administration along with the 
bill since it contained information regarding the gallery which, as 
part of the Smithsonian, is within the jurisdiction of the Committee on 
House Administration. Matters pertaining to the actual construction of 
Smithsonian buildings are within the jurisdiction of the Committee on 
Public Works. Matters pertaining to the management of the Institution 
are within the jurisdiction of the Committee on House 
Administration.(9)
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 9. The rules [Rule XI clause 16(d) House Rules and Manual Sec. 713 
        (1973)] provide that the Committee on Public Works has 
        jurisdiction over ``measures relating to the construction or 
        reconstruction, maintenance, and care of the buildings and 
        grounds of the Botanic Gardens, the Library of Congress, and 
        the Smithsonian Institute.''
            The rules provide also [Rule XI clause 9(e), House Rules 
        and Manual Sec. 693 (1973)] that the Committee on House 
        Administration has jurisdiction ``except as provided in clause 
        16(d) [over] matters relating to the Smithsonian Institution.. 
        . .''
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Revolving Funds for Regional Power Administrations

Sec. 46.21 In the 86th Congress, the Committee on Public Works and not 
    the Committee on Interior and Insular Affairs had jurisdiction of 
    proposed legislation dealing with the establishment of revolving 
    type funds in the Treasury for the Southeastern and Southwestern 
    Power Administrations.

    On July 2, 1959,(10) 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 an executive communication (Exec. Comm. No. 1109), and 
to have that communication re
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10. 105 Cong. Rec. 12629, 86th Cong. 1st Sess.
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[[Page 2996]]

referred to the Committee on Public Works.

Stream Pollution Control

Sec. 46.22 The Committee on Rivers and Harbors (now the Committee on 
    Public Works), and not the Committee on Interstate and Foreign 
    Commerce had jurisdiction of a bill to create a Division of Stream 
    Pollution Control in the Bureau of Public Health Service.

    On June 8, 1936,(11) Sam Rayburn, of Texas, Chairman of 
the Committee on Interstate and Foreign Commerce, obtained unanimous 
consent to have the bill (H.R. 12764), rereferred from his committee to 
the Committee on Rivers and Harbors (now the Committee on Public 
Works).
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11. 80 Cong. Rec. 9241, 74th Cong. 2d Sess.
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Water Resources Conservation and Development

Sec. 46.23 A Presidential message pertaining to the need for regional 
    conservation and development of national water resources was, on 
    motion, referred to the Committee on Rivers and Harbors (now the 
    Committee on Public Works) after a motion to refer to the Committee 
    on Flood Control was withdrawn following rejection of the previous 
    question.

    On June 3, 1937,(12) Speaker William B. Bankhead, of 
Alabama, laid before the House the following message from President 
Franklin D. Roosevelt:
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12. 81 Cong. Rec. 5296, 5297, 75th Cong. 1st Sess.

    To the Congress of the United States:

        Nature has given recurrent and poignant warnings through dust 
    storms, floods, and droughts that we must act while there is yet 
    time if we would preserve for ourselves and our posterity the 
    natural sources of a virile national life. . . .
        For instance, our recent experiences of floods have made clear 
    that the problem must be approached as one involving more than 
    great works on main streams at the places where major disasters 
    threaten to occur. There must also be measures of prevention and 
    control among tributaries and throughout the entire headwaters 
    areas. A comprehensive plan of flood control must embrace not only 
    downstream levees and floodways and retarding dams and reservoirs 
    on major tributaries but also smaller dams and reservoirs on the 
    lesser tributaries, and measures of applied conservation throughout 
    an entire drainage area, such as restoration of forests and grasses 
    on inferior lands, and encouragement of farm practices which 
    diminish run-off and prevent erosion on arable lands. . . .

[[Page 2997]]

        It is also well to remember that improvements of our national 
    heritage frequently confer special benefits upon regions 
    immediately affected, and a large measure of cooperation from State 
    and local agencies in the undertaking and financing of important 
    projects may fairly be asked for. . . .
        I think, however, that for the time being we might give 
    consideration to the creation of seven regional authorities or 
    agencies--one on the Atlantic seaboard; a second for the Great 
    Lakes and Ohio Valley; a third for the drainage basin of the 
    Tennessee and Cumberland Rivers; a fourth embracing the drainage 
    basins of the Missouri River and the Red River of the North; a 
    fifth embracing the drainage basins of the Arkansas, Red, and Rio 
    Grande Rivers; a sixth for the basins of the Colorado River and 
    rivers flowing into the Pacific south of the California-Oregon 
    line; and a seventh for the Columbia River Basin. And, in addition, 
    I should leave undisturbed the Mississippi River Commission, which 
    is well equipped to handle the problems immediately attending the 
    channel of that great river. . . .
        Such regional bodies would also provide a useful mechanism 
    through which consultation among the various governmental agencies 
    working in the field could be effected for the development of 
    integrated programs of related activities. Projected programs would 
    be reported by the regional bodies annually to the Congress through 
    the President after he has had the projects checked and revised in 
    light of national budgetary considerations and of national planning 
    policies. When the national planning board is established I should 
    expect to use that agency to coordinate the development of regional 
    planning to insure conformity to national policy, but not to give 
    to the proposed national planning board any executive authority 
    over the construction of public works or over management of 
    completed works. . . .
        For nearly a year I have studied this great subject intensively 
    and have discussed it with many of the Members of the Senate and 
    the House of Representatives. My recommendations in this message 
    fall into the same category as my former recommendation relating to 
    the reorganization of the executive branch of the Government. I 
    hope, therefore, that both of these important matters may have your 
    attention at this session.
                                            Franklin D. Roosevelt.
                                    The White House, June 3, 1937.

    Although William M. Whittington, of Mississippi, Chairman of the 
Committee on Flood Control, moved that the President's message be 
referred to his committee,(13) the previous question on that 
motion was subsequently voted down.(14) Shortly thereafter, 
Mr. Whittington withdrew his motion, after which Joseph J. Mansfield, 
of Texas, Chairman of the Committee on Rivers and Harbors (now the 
Committee on Public Works), moved that the message be referred to his 
committee. The latter motion was agreed to.(15)
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13. Id. at p. 5297.
14. Id. at p. 5306.
15. Id. at p. 5307.

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[[Page 2998]]

    Parliamentarian's Note: The Committee on Flood Control and the 
Committee on Rivers and Harbors were both incorporated into the present 
day Committee on Public Works. Had Mr. Whittington not withdrawn his 
motion to refer, Mr. Mansfield would have been obliged to offer an 
amendment to that motion to accomplish his purpose.